T&C Terms of Use

Last updated on 9th August 2021.

Welcome to HoneyWholesale.com.au

Yiri Pty Ltd (ABN 42 638 349 274) and its affiliates (“Yiri”) provide products and services to you when you visit or shop at HoneyWholesale.com.au (the “website”). Yiri sells our products to you subject to the conditions set out on this page. “Honey Wholesale” is a registered business name for Yiri Pty Ltd.

The following conditions and policies are outlined below.

  • Conditions of Use

 

Please read these conditions and policies carefully before using Yiri. By using Yiri, you agree to be bound by these conditions.

 

 

Conditions of Use

  1. PRIVACY

Please review our Privacy Notice and Cookies & Internet Advertising Policy, which also govern your use of Yiri, to understand our practices.

  1. ELECTRONIC COMMUNICATIONS

When you use Yiri or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. COPYRIGHT AND OTHER RIGHTS

All content included in or made available through Yiri, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Yiri or its content suppliers and is protected by Australian and international copyright and authors’ rights laws and (where applicable) database right laws.

Other than to the extent necessary to use Yiri for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of Yiri without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of Yiri or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of Yiri or its content without our express written consent.

  1. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Yiri are trademarks or trade dress of Yiri. Yiri’s trademarks and trade dress may not be used in connection with any product or service that is not Yiri’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Yiri. All other trademarks not owned by Yiri that appear in Yiri are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yiri. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Yiri without our express written consent. You may not use any meta tags or any other “hidden text” utilising Yiri’s names or trademarks without our express written consent.

  1. RIGHTS OF ACCESS AND USE

Yiri or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of Yiri. The right granted to you does not include any license or permission to use Yiri or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of Yiri or any part thereof.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Yiri or its licensors, suppliers, publishers, rights holders, or other content providers.

You may not misuse Yiri. You may use Yiri only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by Yiri under these Conditions of Use terminate if you do not comply with this Section 5.

  1. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the Your Account area of the website.

You may not use Yiri: (i) in any way that causes, or is likely to cause Yiri or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of Yiri; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.

If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the circumstances and our assessment of relevant factors. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you, cease using Yiri, terminate your account, or remove or edit certain content and material you post.

  1. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises 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 any such content or communication. We reserve the right (but not the obligation) to remove or edit such content.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) Yiri a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Yiri, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Yiri, at our request.

You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify Yiri for all claims brought by a third party against Yiri arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.

  1. INTELLECTUAL PROPERTY CLAIMS

Yiri respects the intellectual property of others. If you believe that an item or information on Yiri infringes your intellectual property rights, please contact us via mail/post (in accordance with Section 19).

  1. SANCTIONS AND EXPORT POLICY

You may not use Yiri if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Yiri. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

  1. OTHER BUSINESSES

Parties other than Yiri operate stores, provide services, or sell products on this website and we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

  1. YIRI’S ROLE

Yiri, through Honey Wholesale, allows third party sellers to list and sell their products on honeywholesale.com.au. The relevant seller is indicated on the respective product detail page. While Yiri helps facilitate transactions that are carried out on the Honey Wholesale, Yiri is neither the buyer nor the seller of the seller’s items. Yiri provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between the buyer and seller. Yiri is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

  1. DISCLAIMER AND LIABILITY

Unless otherwise specified in writing, Yiri disclaims, and does not make, any representation or warranty of any kind in respect of Yiri including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of Yiri will be uninterrupted or error-free; or (iii) as to the suitability or availability of Yiri.

Yiri will not be responsible for: (i) losses arising from the unavailability of, or your inability to use Yiri, (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to Yiri, we limit our liability to the amount you have paid to us for the relevant Yiri product.

Nothing in these conditions is intended to (i) override any express commitments Yiri gives to you for particular Yiri products (for example, commitments Yiri gives to provide a refund of fees in certain circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludable right or remedy.

  1. APPLICABLE LAW

The laws of Western Australia govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Western Australia. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us via mail/post (in accordance with Section 19).

  1. YIRI SERVICES

We reserve the right to cease providing Yiri to you, to discontinue Yiri and to make changes to Yiri at any time. Your access to Yiri may be suspended or restricted in accordance with these Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

  1. AMENDMENTS

We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use Yiri. You may at any time, cease using Yiri, terminate your account (in accordance with Section 6) including in the event of any such change.

  1. SEVERABILITY

If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

  1. CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use Yiri only with the involvement of a parent or guardian.

  1. OUR CONTACT DETAILS

For general inquiries: info@honeywholesale.com.au

Address for service of notices for Yiri Pty Ltd:
Yiri Pty Ltd
Suite 3, 38 Kings Park Road
West Perth WA 6005

  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS

If you believe that your rights are being infringed, contact us via mail/post (in accordance with Section 19). We respond expeditiously to rights owners and their agents who communicate concerns about any alleged infringement.

Upon receipt of correspondence we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a claim, you grant to Yiri the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the claim to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Yiri for all claims brought by a third party against Yiri arising out of or in connection with the submission of a claim.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on honeywholesale.com.au and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.

Important Warning: giving false, misleading or inaccurate information in the claim to Yiri may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

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