Website Terms of Use


The SAYKA website (Website) is owned and operated by Sayka Group Pty Ltd trading as SAYKA (ABN 81 659 084 698). In these terms, we refer to SAYKA (our full name being Sayka Group Pty Ltd trading as SAYKA (ABN 81 659 084 698) as <“SAYKA” “our”, “we”, or “us”.

And you are you, but we may also refer to you as the “Customer”.

By using or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

To place an order on the Website, customers must be aged 18 or older

Governing Law

SAYKA controls and operates the Website from its offices within Australia. These Terms of Use are governed by the laws applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

If you choose to access this site from another location, you are responsible for compliance with applicable local laws. SAYKA makes no representation that the Website is appropriate or available for use in all locations.

Licence and Site Access

SAYKA grants you a limited, non-exclusive licence to make personal use of this site, and view the material on this Website, access materials contained on the Website and use the functionality of the Website in accordance with the Website Terms of Use published on the Website at the time you access the Website.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SAYKA. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SAYKA and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising SAYKA's name or trademarks without the express written consent of SAYKA.

SAYKA may revise its product prices at any time in its absolute discretion, however, this will not affect the price for products which have already been ordered by you and accepted by SAYKA in accordance with the Terms and Conditions.

Website Contents, Ownership, and Use Restrictions

The content included on this Website (including text, graphics, logos, buttons, icons, audio clips, digital downloads, data compilations, and software) (Website Content) is the property of SAYKA or its content suppliers and is protected by all applicable laws including copyright and trademark laws under the laws of Australia and other countries through international treaties.

You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it, and you may share any of the content on our Website for personal viewing purposes. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent or as permitted by law.

Links to Third Party Websites

Parties other than SAYKA and its subsidiaries sell product lines on this Website. In addition, we may provide links to the sites of affiliated companies and certain other businesses. Such websites are not under the control of SAYKA and SAYKA is not responsible for the content of any such site. SAYKA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

You are referred to the relevant third party websites for all information regarding the third parties' products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website. To the extent that such websites collect personal information or contributions from you, SAYKA shall bear no responsibility or liability for the manner in which such information is used or exploited. You are referred to the relevant third parties' privacy policy for information on how personal information is collected, used and disclosed by that third party.

The Website may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications or features on the Website. The Website is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

Reviews, Comments & Other Feedback

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.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead regarding the origin of content. SAYKA 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 SAYKA and its affiliates 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 SAYKA and its affiliates 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 SAYKA or its affiliates for all claims resulting from content you supply. SAYKA has the right but not the obligation to monitor and edit or remove any activity or content. SAYKA takes no responsibility and assumes no liability for any content posted by you or any third party.

Indemnity

You agree to indemnify and will keep SAYKA (and its related bodies corporate, personnel and agents) indemnified in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these Terms;
(ii) use of the Website; or
(iii) use of any goods or services provided by us.

General

Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.

Any costs associated with downloading, installing, accessing and using the Website remain your responsibility and are dependent on the service provider used. Please be aware that, subject to any rights you may have under the Australian Consumer Law, we cannot guarantee or warrant that the Website or any downloadable material will be free from infection, viruses, or other code that may be harmful.. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements.

No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.

Disclaimer of Warranty

This Website is provided by SAYKA on an 'as is' and 'as available' basis and use of it is at your own risk. Subject to any non-excludable rights you may have under the Australian Consumer Law, SAYKA and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranties of any kind, express or implied, as to the accuracy, completeness, currency or reliability of the information contained on the Website (including in relation to any products or services).

To the maximum extent permitted by applicable law, none of them will be liable or responsible in any way for errors in, or omissions from, the information contained on the Website. To the extent permitted by law, SAYKA expressly disclaims all warranties of any kind, express or implied, including (without limitation) implied warranties or conditions of merchantability, acceptability or fitness for purpose in relation to your use of this Website.