Terms and Conditions

Terms and Conditions for By Ayaa

Effective Date: 04.09.2025

These Terms and Conditions ("Terms") govern your access to and use of the website www.byayaa.com.au (the "Site") operated by By Ayaa, a company registered in Australia ("we," "us," or "our"). By accessing or using our Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Site.

1. Use of the Site

1.1 Eligibility
By using this Site, you confirm that you are at least 18 years old or that you are a minor using the Site under the supervision of a parent or legal guardian. If you are under 18, you must have your parent or legal guardian review and accept these Terms before using our Site.

1.2 Personal Use
The Site is intended for personal use only. You may not use our Site for any commercial purposes, including the resale of any products purchased through the Site, without our prior written consent.

1.3 Prohibited Activities
You agree not to use the Site in any unlawful manner or in a way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. Prohibited activities include, but are not limited to, using the Site to:

- Upload, post, or transmit any harmful or illegal content

- Engage in any fraudulent activity

- Harass, abuse, or harm others

2. Products and Orders

2.1 Product Information
We make every effort to ensure that the products displayed on our Site are described accurately. However, we do not guarantee that all product descriptions, pricing, or other content is entirely accurate, complete, or error-free. Prices are subject to change without notice.

2.2 Order Acceptance
All orders placed on the Site are subject to acceptance. We reserve the right to refuse or cancel any order at our sole discretion, including orders that we believe to be fraudulent or in violation of our policies. If your order is canceled, any payments made will be refunded.

2.3 Shipping and Delivery
We will make reasonable efforts to deliver products in a timely manner. However, delivery times are estimates, and we do not guarantee that items will be delivered by any specific date. Shipping charges and delivery times will be provided at checkout.

3. User Account and Registration

3.1 Account Creation
In order to access certain features of the Site (e.g., making a purchase), you may be required to create an account with us. You agree to provide accurate, current, and complete information when registering and to update this information as necessary.

3.2 Account Security
You are responsible for maintaining the confidentiality of your account details, including your password. You agree to notify us immediately of any unauthorized use of your account.

4. Intellectual Property

4.1 Ownership of Content
The content on the Site, including but not limited to text, images, logos, designs, videos, and trademarks, is owned by [Your Brand Name] or its licensors and is protected by intellectual property laws. You may not use any content from the Site without our prior written consent.

4.2 License to Use the Site
We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal and non-commercial purposes in accordance with these Terms.

5. Privacy and Data Collection

5.1 Privacy Policy
Your use of the Site is governed by our [Privacy Policy], which outlines how we collect, use, and protect your personal information. By using the Site, you consent to the practices described in our Privacy Policy.

6. User Content

6.1 Content You Submit
If you submit any content, including reviews, comments, or feedback, to the Site, you grant us a worldwide, royalty-free, and perpetual license to use, display, and distribute such content. You represent and warrant that any content you submit does not infringe on the rights of any third party.

6.2 Content Guidelines
You agree not to submit any content that is illegal, defamatory, obscene, or infringes on the rights of others.

7. Limitation of Liability

7.1 No Warranties
The Site and all content are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 Limitation of Liability
To the fullest extent permitted by law, [Your Brand Name] will not be liable for any indirect, incidental, special, or consequential damages arising out of your use or inability to use the Site, including but not limited to loss of profits, data, or business opportunities.

8. Indemnity

You agree to indemnify, defend, and hold harmless [Your Brand Name], its affiliates, officers, employees, and agents from any and all claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from your use of the Site or violation of these Terms.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Australia and the state in which we operate. You agree to submit to the exclusive jurisdiction of the courts located in Australia for any disputes arising out of or related to these Terms.

10. Changes to the Terms and Conditions

We reserve the right to modify or update these Terms at any time. Any changes will be posted on this page, and the revised Terms will be effective immediately upon posting. We encourage you to review these Terms periodically to stay informed about any changes.

11. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at:

By Ayaa
hello@byayaa.com.au
www.byayaa.com.au