Pyon Anime and Gaming (PAGU) Web Site Terms and Conditions

Please read these terms and conditions carefully before using or accessing this site. By using or accessing the site, you agree to be bound by these terms. Pyon Anime and Gaming (PAGU) may amend these terms at any time and all amendments will take effect immediately on posting of the amended terms. You should also refer to the privacy policy for users.

Agreement between User and Pyon Anime and Gaming (PAGU)

Pyon Anime and Gaming (PAGU)'s Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Pyon Anime and Gaming (PAGU)'s Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification to Terms of Use and Conditions

Pyon Anime and Gaming (PAGU) reserves the right to change the terms, conditions, and notices under which Pyon Anime and Gaming (PAGU)'s Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on Pyon Anime and Gaming (PAGU)'s Web Site. Your continued use of Pyon Anime and Gaming (PAGU)'s Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of Services

Pyon Anime and Gaming (PAGU) may modify, suspend, discontinue or expand the extent of the services provided on this site at any time at its absolute discretion.

Information on this Site

Pyon Anime and Gaming (PAGU)'s Web Site presents information provided by our suppliers and by the Staff of Pyon Anime and Gaming. We make no reasonability as to the accuracy of the information presented at or via the Web Site.

You agree that you must evaluate, and bear all risks associated with, the use of all information at the Web Site, including any reliance on the accuracy, completeness, or usefulness of it. By using the Web Site you agree that Pyon Anime and Gaming (PAGU) and any of its subsidiary or related or affiliated companies/businesses or any of their employees or agents are not responsible for:

a) the accuracy or otherwise of the information displayed or omitted from the Web Site;
b) any person's reliance on the information presented on the Web Site;
c) any loss in connection with the use of the Web Site.

Pyon Anime and Gaming (PAGU) retains its right to reject, and/or cancel any orders and provide full refunds at Pyon Anime and Gaming (PAGU)'s discretion.

Proprietary Rights

You acknowledge and agree that:

The Web Site and any necessary software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws;

Except as expressly authorised by Pyon Anime and Gaming (PAGU) or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.

Disclaimer of Warranties

You expressly understand and agree that;

a) Your use of the Site is at your sole risk.
b) The Site is provided on an "as is" and "as available" basis.

Pyon Anime and Gaming (PAGU) expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Pyon Anime and Gaming (PAGU) makes no warranty that:

a) the Site will meet your requirements;
b) the Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Web Site will be accurate or reliable;
d) the quality of any products, services, information, or other material purchased or obtained by you through the Web Site will meet your expectations; and
e) any errors in the Web Site will be corrected.

Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Pyon Anime and Gaming (PAGU) or through or from the Web Site shall create any warranty not expressly stated.

If under any law any terms, conditions or warranties which apply to the supply of goods or services through the Site cannot legally be excluded, restricted or modified then those terms, conditions and warranties apply to the extent required by that law. Except as expressly stated in the terms of use, conditions and warranties that would otherwise be implied are excluded.

Limitation of Liability

You understand and agree that Pyon Anime and Gaming (PAGU), its related corporations/businesses and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Pyon Anime and Gaming (PAGU) has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:

a) the use of, or the inability to use the Web Site;
b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Web Site;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the Site; or
e) any other matter relating to the Site or products ordered through the Site.

To the extent permitted by law Pyon Anime and Gaming (PAGU)'s liability for any breach of a condition or warranty which must be implied into the terms of use by the Trade Practices Act 1987 (the act), part V of the Commonwealth Trade Practices Act; is limited to:

in the case of goods supplied by Pyon Anime and Gaming (PAGU) to any one of the following at our option:

a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
d) the payment of the cost of having the goods repaired; and in the case of services supplied by Pyon Anime and Gaming (PAGU) to any one of the following at our option:
e) the supplying of the services again;
f) the payment of the cost of having the services supplied again.

Copyright Information

Pyon Anime and Gaming (PAGU) name, Chara and PAGU Dragon, including the distinctive slogans and logos, that appear at the Web Site are copyright of Pyon Anime and Gaming (PAGU) or other third parties (the Trade Marks/copyrights). You agree not to display or use or link to the copyrights in any manner without prior permission from Pyon Anime and Gaming (PAGU) or the relevant third party owner(s). The Pyon Anime and Gaming (PAGU) Logo is copyright Jessica Tay, and is exclusive and to Pyon Anime and Gaming (PAGU) only.

Pyon Anime and Gaming (PAGU) Web banner is usable by all users but must follow the terms and conditions for the Web Banner (see Web banner terms and conditions).

Links to Third Party Sites or Services

This site contains links to sites of third parties. Those sites are not under the control of Pyon Anime and Gaming (PAGU) and Pyon Anime and Gaming (PAGU) is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by Pyon Anime and Gaming (PAGU). Any link by you to a third party's site is done at your own risk.

Pyon Anime and Gaming (PAGU) are not responsible for web-casting or any other form of transmission received from any linked site. Pyon Anime and Gaming (PAGU) does not endorse any offers made by any third parties and Pyon Anime and Gaming (PAGU) is not a party to the making of the offer. The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.

Copyright Complaints

Pyon Anime and Gaming (PAGU) respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email pagu@pyon.com.au with a clear description explaining the copyright issue.

Risk of Loss

All items purchased from Pyon Anime and Gaming (PAGU) are made pursuant to a delivery contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Pyon Anime and Gaming (PAGU) attempts to be as accurate as possible. However, Pyon Anime and Gaming (PAGU) does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Pyon Anime and Gaming (PAGU) itself is not as described, your sole remedy is to return it in unused condition. Pyon Anime and Gaming (PAGU) will refund items should they not be the correct order at Pyon Anime and Gaming (PAGU)'s discretion.

Pricing

Except where noted otherwise, the List Price displayed for products on our website 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 is applicable to products purchased online and may not apply if the products were offline, such as at a convention or at a shop front. The List 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 may represent "open-stock" prices, which means the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

Prices on the site may differ from actual price as supply costs by third parties may change resulting in the immediate change of Pyon Anime and Gaming (PAGU)'s products. If you order during a price change, you will be sent a notification of price change and your order suspended until notification of acceptance or cancellation is given. We do NOT charge you until after your order has entered the shipping process. Please note that this policy applies only to products sold and shipped by Pyon Anime and Gaming (PAGU). Your purchases from third-party sellers using Pyon Anime and Gaming (PAGU) Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mis-priced item.

Notices

Notices must be in writing and may be given by hand, ordinary prepaid post or email. A notice by us to you is taken to be duly given and received; if delivered by hand when delivered, if delivered by prepaid ordinary post, on the second business day after posting; and if delivered by email, one business day after sending.

Indemnity

Pyon Anime and Gaming (PAGU) relies on you observing these terms at all times. You agree to indemnify and hold Pyon Anime and Gaming (PAGU) and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity is this clause extends to and covers your breach of these terms.

General

These terms are covered by the law in force in the State of WA and the parties are to submit to the non-exclusive jurisdiction of the courts of WA. If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.

For all other terms and conditions that are specific to other terms and conditions that are not the terms and conditions on this page, please see the appropriate pages; these being the pages containing informaition on the: privacy policy, forum, events, competitions, custom ordering, web banners, the stall and other terms and conditions.