Welcome to Ausganica.com. Trueway International Pty. Ltd. (hereafter “Ausganica”) provides website features and other products and services to you when you visit or shop at Ausganica.com, use Ausganica products or services, use Ausganica applications for mobile, or use software provided by Ausganica in connection with any of the foregoing (collectively, "Ausganica Services"). Ausganica provides the Ausganica Services subject to the following conditions.
By using Ausganica Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Ausganica Services, and sometimes additional terms may apply. When you use an Ausganica Service you also will be subject to the guidelines, terms and agreements applicable to that Ausganica Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Ausganica Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Ausganica Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Ausganica Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Ausganica or its content suppliers and protected by Australian and international copyright laws. The compilation of all content included in or made available through any Ausganica Service is the exclusive property of Ausganica and protected by Australian and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Ausganica Service are trademarks or trade dress of Ausganica in Australia and other countries. Ausganica's trademarks and trade dress may not be used in connection with any product or service that is not Ausganica's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ausganica. All other trademarks not owned by Ausganica that appear in any Ausganica Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ausganica.
One or more patents owned by Ausganica apply to the Ausganica Services and to the features and services accessible via the Ausganica Services. Portions of the Ausganica Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Ausganica or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Ausganica Services. This license does not include any resale or commercial use of any Ausganica Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Ausganica Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Ausganica or its licensors, suppliers, publishers, rightsholders, or other content providers. No Ausganica Service, nor any part of any Ausganica Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ausganica. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ausganica without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ausganica's name or trademarks without the express written consent of Ausganica. You may not misuse the Ausganica Services. You may use the Ausganica Services only as permitted by law. The licenses granted by Ausganica terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Ausganica Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Ausganica does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Ausganica Services only with involvement of a parent or guardian. Ausganica reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Ausganica reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Ausganica a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ausganica and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ausganica for all claims resulting from content you supply. Ausganica has the right but not the obligation to monitor and edit or remove any activity or content. Ausganica takes no responsibility and assumes no liability for any content posted by you or any third party.
Ausganica respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please conact us.
RISK OF LOSS
All items purchased from Ausganica are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Ausganica does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Ausganica does not take title to the refunded item.
Ausganica attempts to be as accurate as possible. However, Ausganica does not warrant that product descriptions or other content of any Ausganica Service is accurate, complete, reliable, current, or error-free. If a product offered by Ausganica itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Ausganica Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
With respect to items sold by Ausganica, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Ausganica is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AUSGANICA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUSGANICA SERVICES ARE PROVIDED BY AUSGANICA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AUSGANICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AUSGANICA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUSGANICA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AUSGANICA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUSGANICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUSGANICA DOES NOT WARRANT THAT THE AUSGANICA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUSGANICA SERVICES, AUSGANICA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AUSGANICA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUSGANICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AUSGANICA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AUSGANICA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Ausganica Service, or to any products or services sold or distributed by Ausganica or through Ausganica.com will be resolved by binding arbitration, rather than in court, except that you may assert claims if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Ausganica will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Ausganica Service, you agree that the laws of Australia without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ausganica.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your use of Ausganica Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Unit 1, 8 Wainwright Road Mount Druitt NSW 2770, Australia
How to Serve a Subpoena
If you have a subpoena to serve on Ausganica, please note that Ausganica does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Trueway International Pty. Ltd., preferably by mailing the subpoena to our address.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; your name, e-mail, and physical address.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to our customer service using the “contact us” page. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that this procedure is exclusively for notifying Ausganica that your copyrighted material has been infringed.
Additional Ausganica Software Terms
- Use of the Ausganica Software. You may use Ausganica Software solely for purposes of enabling you to use and enjoy the Ausganica Services as provided by Ausganica, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Ausganica Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Ausganica Software or otherwise assign any rights to the Ausganica Software in whole or in part. You may not use the Ausganica Software for any illegal purpose. We may cease providing any Ausganica Software and we may terminate your right to use any Ausganica Software at any time. Your rights to use the Ausganica Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Ausganica Software that are specifically identified in related documentation may apply to that Ausganica Software (or software incorporated with the Ausganica Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Ausganica Service is the property of Ausganica or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Ausganica Software, whether in whole or in part, or create any derivative works from or of the Ausganica Software.
- Updates. In order to keep the Ausganica Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.