Terms of service

1. Site Conditions of Use

This website (elrustico.com.au) is operated by HANYANG IMPORT & EXPORT PTY LTD (ABN 13 097 813 842) (we, us, our).

This website is provided for informational, marketing, and brand purposes only. We do not sell products directly through this website and no payments or transactions are processed here. Our products are sold through third-party retailers, including grocery stores and authorised stockists.

Questions about these Terms of Service may be directed to hello@byasia.com.au.

2. Your Agreement to These Terms

2.1 By accessing or using this website, each visitor (you, your) agrees to be bound by these Terms of Service. Please read them carefully.

2.2 Your use of the website constitutes your acceptance of these Terms of Service.

2.3 We may update or vary these Terms of Service from time to time. It is your responsibility to review the website periodically for changes. Continued use of the website after changes are posted constitutes acceptance of the updated Terms.

2.4 You may only use the website to the extent you are legally permitted to do so in your State, Territory, and/or country.

2.5 You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the website. If you are under 18, a parent or legal guardian must access and use the website on your behalf.

2.6 By using the website, you warrant that you meet the eligibility requirements set out in these Terms.

2.7 We reserve the right, to the extent permitted by law, to restrict, suspend, or terminate access to the website for any person at our discretion.

3. Your Obligations

3.1 You agree that you:

a) are responsible for all costs associated with accessing or using the website
b) must ensure that any information you provide to us is accurate and up to date
c) must check product labels, packaging, and ingredient information before consumption or use
d) must comply with all applicable laws when using the website

3.2 You must not:

a) use the website in breach of any applicable law or regulation
b) infringe the rights of any third party
c) use the website for fraudulent, misleading, or deceptive purposes
d) interfere with or disrupt the operation, security, or functionality of the website
e) introduce viruses, malicious code, or harmful material
f) scrape, harvest, reverse engineer, or misuse website content
g) misuse our branding, trademarks, or intellectual property

4. Privacy and Electronic Communications

4.1 Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

4.2 By using the website, you consent to receiving commercial electronic messages from us where permitted by law. You may opt out at any time using the unsubscribe function included in our communications.

4.3 Even if you opt out of marketing communications, we may still send messages required by law or relating to changes to these Terms or our policies.

5. Product Information and Availability

5.1 Product information provided on this website is for general informational purposes only.

5.2 Product packaging, ingredients, appearance, availability, and specifications may vary by retailer and location.

5.3 Images on the website are for illustrative purposes only and may not reflect the exact product available from a retailer.

6. Refunds, Returns, and Consumer Guarantees

6.1 As we do not sell products directly through this website, we do not process refunds, returns, or exchanges.

6.2 Any refunds or returns must be handled by the retailer from whom the product was purchased, in accordance with their policies.

6.3 Nothing in these Terms excludes or limits any rights you may have under Australian Consumer Law or other applicable consumer protection laws that cannot be excluded.

6.4 If you experience a product quality issue, you may contact us at hello@byasia.com.au, and we will use reasonable efforts to assist or direct you to the appropriate retailer.

7. Accuracy of Information

7.1 To the fullest extent permitted by law, we do not warrant that information on the website is accurate, complete, current, or error-free.

7.2 Information is provided on an “as is” basis and should not be relied upon as the sole basis for making decisions.

7.3 We reserve the right to modify or remove website content at any time without notice.

8. Limitation of Liability

8.1 These Terms do not limit any non-excludable rights you may have under applicable law, including Australian Consumer Law.

8.2 To the maximum extent permitted by law, we exclude all warranties, express or implied, relating to the website and its content.

8.3 We are not liable for any indirect, incidental, consequential, or special loss, including loss of profits, data, or goodwill, arising from your use of the website or reliance on its content.

9. Indemnity

You agree to indemnify and hold us, our directors, officers, employees, and affiliates harmless from any claims, losses, damages, or expenses arising from your breach of these Terms or misuse of the website.

10. Intellectual Property

10.1 All content on this website, including text, images, branding, logos, graphics, and design, is owned by or licensed to us.

10.2 Content is protected by copyright, trademark, and other intellectual property laws.

10.3 You are granted a limited, non-exclusive, revocable licence to access the website for personal, non-commercial use only.

10.4 You must not reproduce, distribute, modify, or exploit any content without our prior written consent.

11. User Content

11.1 You are responsible for any content you submit, post, or otherwise make available through the website.

11.2 You must not submit content that is unlawful, misleading, offensive, defamatory, or infringes the rights of any third party.

11.3 By submitting content, you grant us a non-exclusive, royalty-free licence to use, reproduce, and display that content in connection with our website and business operations.

12. Third-Party Links and Services

12.1 The website may contain links to third-party websites or services, including retailer websites.

12.2 We do not control and are not responsible for the content, availability, or practices of third-party websites.

12.3 Accessing third-party websites is done at your own risk and subject to their terms.

13. Termination

We may suspend or terminate your access to the website at any time if you breach these Terms or where required by law.

14. General

14.1 These Terms constitute the entire agreement between you and us regarding use of the website.

14.2 Any failure to enforce a right does not constitute a waiver.

14.3 If any provision is found to be unlawful, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

14.4 These Terms are governed by the laws of New South Wales, Australia, and the courts of that jurisdiction have exclusive jurisdiction.