Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to iFLYTEK Australia.
This online store is operated by AI ONLINE PTY LTD (ABN 83 696 816 074), an Australian company authorised by iFLYTEK Co., Ltd. to sell iFLYTEK-branded products through its authorised Shopify store.
Throughout these Terms of Service, the terms “we”, “us” and “our” refer to AI ONLINE PTY LTD.
AI ONLINE PTY LTD operates this store and website, including the related information, content, features, tools, products and services made available through this website (collectively, the “Services”). Our ecommerce store is powered by Shopify, which provides the platform that enables us to offer the Services to you.
iFLYTEK Co., Ltd. is the owner of the iFLYTEK brand and associated trademarks. References to iFLYTEK in relation to products, trademarks, branding or intellectual property refer to iFLYTEK Co., Ltd. and its applicable affiliates.
These Terms of Service, together with any policies referenced in them (collectively, the “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms carefully, as they contain important information about your legal rights and obligations.
By visiting, interacting with or using our Services, including purchasing products from our Store, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.
SECTION 1 - ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your state or territory of residence, or that you have obtained any consent required by applicable law.
To access certain features of the Services or purchase products, you may be required to provide information including your name, email address, billing information, payment information and shipping details.
You represent and warrant that the information you provide is accurate, current and complete and that you have the right to provide that information.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You must not transfer, sell, assign or license your account to another person without our prior written consent.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, specifications, images, pricing and other product information displayed through the Services are accurate.
However, colours and product appearance may vary depending on your screen, device settings and other technical factors.
Product images are provided for illustrative purposes and minor differences may occur between the images displayed and the products received.
Product descriptions, specifications, availability and other information may be updated from time to time.
We reserve the right to discontinue products or limit quantities available for purchase, subject to applicable law.
Nothing in this section excludes or limits any rights or remedies available to consumers under the Australian Consumer Law or other applicable laws.
SECTION 3 - ORDERS
When you place an order through our Store, you are making an offer to purchase products from AI ONLINE PTY LTD.
We reserve the right to accept or decline an order, subject to applicable law.
Your order is accepted when we confirm acceptance of your order and successfully process your payment.
Please review your order carefully before submitting it. If you need to request a change or cancellation, contact us as soon as possible. We cannot guarantee that an order can be changed or cancelled after it has been processed or dispatched.
If we reject, modify or cancel an order, we will attempt to contact you using the email address, billing information and/or phone number provided when the order was placed.
Purchases made through our Store are subject to our Return and Refund Policy and your rights under applicable consumer law.
Unless otherwise agreed with us, products purchased through our consumer Store are intended for personal or household use and not for unauthorised commercial resale.
SECTION 4 - PRICES AND BILLING
Unless otherwise stated, all prices displayed on our Australian Store are in Australian dollars (AUD).
Prices, discounts and promotional offers may change from time to time.
The price applicable to an order will be the price displayed at the time the order is submitted, subject to correction of genuine errors and applicable law.
Any applicable shipping charges will be displayed before you complete checkout.
Where applicable, taxes will be included or disclosed in accordance with Australian law.
Prices offered through our Store may differ from prices offered by third-party retailers or other authorised sales channels.
From time to time, we may offer promotions that are subject to additional promotional terms and conditions. Where specific promotional terms conflict with these Terms in relation to that promotion, the specific promotional terms will apply.
You agree to provide accurate and complete billing, payment and account information.
You represent that you are authorised to use the payment method provided for your purchase.
SECTION 5 - SHIPPING AND DELIVERY
Orders are shipped in accordance with our Shipping Policy.
Shipping options, charges and estimated delivery times may vary depending on the delivery address, product availability and shipping method selected.
Estimated delivery times are provided as estimates only.
Delivery may be affected by circumstances outside our reasonable control, including carrier disruptions, public holidays, severe weather and other unforeseen events.
Where tracking is available, tracking information will generally be provided after your order has been dispatched.
If an order is lost, damaged or significantly delayed, please contact our customer service team so that we can investigate and assist.
Nothing in this section limits any rights or remedies available under applicable law.
SECTION 6 - INTELLECTUAL PROPERTY
The content available through the Services, including trademarks, logos, product names, text, graphics, photographs, videos, audio, designs and other materials, may be owned by iFLYTEK Co., Ltd., AI ONLINE PTY LTD, Shopify, their respective affiliates, licensors or other third parties, as applicable.
iFLYTEK names, logos, product names, designs and slogans are trademarks or other intellectual property of iFLYTEK Co., Ltd. or its applicable affiliates or licensors.
AI ONLINE PTY LTD is authorised to use iFLYTEK branding in connection with its authorised sale of iFLYTEK-branded products.
Shopify's names, logos, products and service names are trademarks or other intellectual property of Shopify or its affiliates.
Unless expressly permitted by us or the relevant rights holder, you must not reproduce, distribute, modify, publish, commercially exploit or otherwise use protected content from the Services in violation of applicable intellectual property laws.
Nothing in these Terms transfers ownership of any intellectual property rights to you.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools, applications, integrations or functionality offered by third parties.
These third-party tools may be subject to separate terms and privacy policies imposed by their respective providers.
To the extent permitted by law, we are not responsible for the operation, availability or content of third-party tools that we do not control.
Any use of optional third-party tools is at your discretion, and you should review the terms applicable to those services before using them.
We may introduce new features, services, tools or resources from time to time. Unless otherwise stated, those features will form part of the Services and will be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites, applications, products or services operated by third parties.
We do not control third-party websites and are not responsible for their content, security, availability, privacy practices or accuracy.
If you leave our Services to access a third-party website or service, you do so subject to the applicable third party's terms and policies.
Complaints or questions concerning products or services purchased directly from third parties should generally be directed to the relevant third party.
Nothing in this section limits any liability that cannot lawfully be excluded.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Our Store is powered by Shopify, which provides the ecommerce platform that enables us to provide the Services.
However, sales and purchases made through our Store are transactions directly between you and AI ONLINE PTY LTD.
Shopify is not the seller of the iFLYTEK products offered through our Store and is not responsible for product fulfilment, product warranties, after-sales support or other aspects of the sale between you and AI ONLINE PTY LTD, except to the extent required by applicable law.
Your use of Shopify-related functionality may also be subject to Shopify's applicable terms and privacy policies.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy and applicable privacy laws.
Because our ecommerce Store is hosted through Shopify, Shopify may process certain information relating to your access to and use of the Services in order to provide its ecommerce services.
We may also use third-party service providers to assist with payment processing, delivery, analytics, marketing, customer support and other business functions.
Please review our Privacy Policy for more information about how we collect, use, disclose, store and protect personal information.
SECTION 11 - FEEDBACK
If you submit reviews, suggestions, ideas, comments or other feedback to us (collectively, “Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display and distribute that Feedback for legitimate business purposes, including improving and promoting our products and Services.
You represent that you have the right to provide any Feedback you submit and that your Feedback does not violate the rights of another person or applicable law.
You must not submit Feedback containing unlawful, defamatory, abusive, obscene, misleading or infringing material, malicious code or other harmful content.
You must not impersonate another person, use a false identity or otherwise misrepresent the origin of Feedback.
We may moderate or remove Feedback where reasonably necessary, including where it violates these Terms or applicable law.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information displayed through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, specifications, prices, promotions, shipping charges, delivery estimates or availability.
We reserve the right to correct genuine errors or inaccuracies and update information where appropriate.
If an error materially affects an order you have already placed, we will take reasonable steps to contact you and provide appropriate options in accordance with applicable law.
Nothing in this section permits us to avoid obligations imposed by Australian consumer law.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
(a) for unlawful or fraudulent purposes;
(b) to violate applicable laws or regulations;
(c) to infringe intellectual property or other rights;
(d) to harass, abuse, threaten, defame or harm another person;
(e) to intentionally provide false or misleading information;
(f) to transmit malicious software, viruses or harmful code;
(g) to send spam, phishing communications or unauthorised solicitations;
(h) to impersonate another person or organisation;
(i) to interfere with the security, availability or proper operation of the Services;
(j) to collect personal information unlawfully; or
(k) to use automated systems in a manner that materially disrupts, overloads or circumvents security controls of the Services.
We may restrict or terminate access to the Services where we reasonably believe these Terms have been materially violated, subject to applicable law.
SECTION 14 - AUTOMATED AGENTS
This section applies where automated software, artificial intelligence agents, bots or similar systems access or interact with the Services.
Automated systems must not:
(a) misrepresent themselves as human users where identification is reasonably required;
(b) circumvent CAPTCHAs, access controls or other security measures;
(c) interfere with the normal operation of the Services;
(d) collect information in breach of applicable law; or
(e) access areas of the Services they are not authorised to access.
We may use reasonable technical measures to restrict automated access that threatens the security, availability or integrity of the Services.
SECTION 15 - TERMINATION
You may stop using the Services at any time.
We may suspend or terminate access to some or all of the Services if reasonably necessary due to a material breach of these Terms, suspected fraud, security risks, unlawful activity or other legitimate reasons, subject to applicable law.
Termination does not affect rights, obligations or liabilities that arose before termination.
Sections that by their nature are intended to continue after termination will remain effective, including provisions concerning intellectual property, privacy, liability and dispute resolution.
SECTION 16 - DISCLAIMER OF WARRANTIES
We make reasonable efforts to ensure that information made available through the Services is accurate and current. However, general informational content may not always be complete, current or suitable for every purpose.
Except where expressly stated by AI ONLINE PTY LTD or required by law, use of the website and Services is at your own risk.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.
In particular, consumers may have rights under the Australian Consumer Law, including statutory consumer guarantees that apply automatically to eligible goods and services and cannot be excluded by contract. (Federal Register of Legislation)
To the extent permitted by law, we do not warrant that the website itself will always be uninterrupted, error-free, secure or available at all times.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, AI ONLINE PTY LTD, its directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for losses that are indirect, incidental, special or consequential where such liability may lawfully be excluded.
This may include loss of profits, revenue, savings or data arising from use of the Services, except where such loss results from a right or liability that cannot lawfully be excluded or limited.
Nothing in these Terms excludes, restricts or modifies:
(a) any consumer guarantee, right or remedy provided under the Australian Consumer Law;
(b) any liability that cannot lawfully be excluded or limited; or
(c) any other statutory rights available to you under applicable law.
Under the Australian Consumer Law, contractual terms are void to the extent they attempt to exclude, restrict or modify applicable statutory consumer guarantees. (Federal Register of Legislation)
SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify AI ONLINE PTY LTD and its officers, directors, employees and agents against reasonable losses, liabilities or claims arising directly from:
(a) your material breach of these Terms;
(b) your unlawful use of the Services; or
(c) your infringement of another person's legal rights.
This indemnity does not apply to the extent a loss or liability was caused or contributed to by AI ONLINE PTY LTD or where such an indemnity would be prohibited by applicable law.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue in full force and effect to the extent permitted by law.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
A failure or delay by us to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with policies expressly incorporated by reference, constitute the agreement between you and us concerning your use of the Services and purchases made through our Store.
They supersede previous versions of these Terms relating to the same subject matter.
Nothing in this section excludes representations, guarantees, rights or remedies that cannot lawfully be excluded.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent where consent is reasonably required.
We may transfer or assign our rights or obligations in connection with a sale, restructuring or transfer of our business, subject to applicable law.
Any assignment will not affect consumer rights that cannot lawfully be excluded or reduced.
SECTION 22 - GOVERNING LAW
These Terms and purchases made through the Services are governed by the laws of Australia and, where applicable, the laws of the Australian Capital Territory.
The parties submit to the jurisdiction of courts and tribunals having jurisdiction under applicable Australian law.
Nothing in this section limits any mandatory rights you may have under the Australian Consumer Law or other applicable state or territory consumer protection laws.
SECTION 23 - HEADINGS
The headings contained in these Terms are included for convenience only and do not affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the current version of these Terms at any time on this page.
We may update these Terms from time to time to reflect changes to our business, Services, legal requirements or operational practices.
Where required by applicable law, we will provide appropriate notice of material changes.
Changes will apply from the effective date stated in the updated Terms and will not retrospectively remove rights that have already arisen under applicable law.
Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service or purchases made through this Store may be sent to:
AI ONLINE PTY LTD
ABN: 83 696 816 074
Trading website: iFLYTEK Australia / iflytekau.com
Email: customer_service@iflytekau.com
Phone: +61 414 314 560
Country: Australia
AI ONLINE PTY LTD operates the iFLYTEK Australia online store and is authorised by iFLYTEK Co., Ltd. to sell iFLYTEK-branded products.