Last updated 18 October 2018.
These Amazon Prime Terms & Conditions are between you and Amazon Commercial Services Pty Ltd (ABN 30 616 935 623) and its affiliates ("Amazon", "we", "us" or "our") and they govern your and our respective rights and obligations.
Your use of the Amazon.com.au website and any successor or replacement website (the "Amazon Website") is governed by the Conditions of Use and Sale and you must comply with these. Please review our Privacy Notice and Cookies & Internet Advertising Policy, which also govern your use of Amazon services, to understand our practices.
1. Prime Benefits
1.1. Prime Delivery Benefits and Eligible Purchases
Amazon Prime members can benefit from a range of delivery benefits, including shipping on eligible purchases at no additional cost or at a discounted price. Detailed information on Prime delivery options, associated fees, and applicable eligibility criteria or restrictions can be found here. Items eligible for Prime will be designated as such on the product pages. They are limited to certain items sold by Amazon (or third-party sellers participating in Prime) on the Amazon Website. Prime delivery benefits depend on stock availability, order deadlines, and the delivery address. Products with special delivery characteristics, such as heavy/bulky, oversized or containing hazardous materials, may be excluded or subject to restrictions or conditions as stated on the applicable product page. Some special items and orders may be subject to handling fees, and taxes may apply to eligible purchases, each as stated on the product page or at checkout. If only some items in your order are eligible for Prime, you will pay applicable delivery charges for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Prime eligibility.
1.2. Other Benefits
Your other Prime benefits are described here.
2.1. Membership fees, models and duration
The current membership fees, the available membership models and duration of the membership(s) are stated here. From time to time, we may offer different membership programs, and the fees and terms for such different memberships may vary. You will find details about the membership model you are subscribed to, the applicable membership fee and the next due date in Your Account. The Prime membership fee is non-refundable except as expressly set forth in these Terms.
Unless you notify us before the next due date of your membership fee that you want to end your membership at this date or cancel your membership in your Amazon customer account, we will automatically charge the then-applicable periodic membership fee using your preferred payment method. If your preferred payment method becomes invalid during your membership period, or if the charge is refused for any other reason outside our control, you authorize us to use any other payment method we have on file in your Amazon customer account. If all your payment methods on file are declined, you must provide us a new eligible payment method within 30 days, if you have an annual membership, or within 6 days, if you have a monthly membership. If you fail to provide a new eligible payment method with the applicable time period your membership will be canceled.
2.3. Cancellation by you and refunds
You may cancel your Amazon Prime membership any time by visiting Your Account and adjusting your membership settings. You may also contact customer service. If neither you nor anyone authorised by you to use your account has taken advantage of any Prime benefits in the current membership period, we will refund this membership fee in full. Prime memberships redeemed through a promotional code or gift card are not refundable.
2.4. Promotions and trial memberships
From time to time, we may offer certain customers specific trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional membership terms. Trial and promotional members may, at any time, choose to cancel their trial or promotional memberships through Your Account. Unless cancelled during the relevant trial or promotional period, you will continue to paid or non-promotional membership at the end of any promotional or trial period.
2.5. Acceptance of membership
We reserve the right to accept or refuse your membership, to the extent permitted by applicable law.
2.6. No transfer or assignment of membership or benefits
You may not transfer or assign your Amazon Prime membership or any Prime benefits including promotion codes for Amazon Prime memberships or benefits, except as expressly allowed in these Terms.
2.7. No resale, rental or shipping to customers
Amazon Prime members are not permitted to purchase items for the purpose of resale, rental, or to ship to their customers or potential customers using Prime benefits.
2.8. No minors
Prime is only available to end consumers aged 18 years or older.
2.9. Other limitations
Some Amazon Prime benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require members to meet specified criteria in order to access them. Such additional requirements will be disclosed to you in connection with offering such benefits.
We may terminate your Amazon Prime membership with 14 days' notice for convenience and will issue a prorated refund of your paid Prime membership fee based on the time remaining in your current membership period. We may terminate your Amazon Prime membership immediately by notice if we consider that (a) your use of your Amazon Prime membership materially breaches these Terms or any applicable law or (b) you fraudulently use or misuse your Amazon Prime membership. In this case we will not give any refund. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. You may terminate your Amazon Prime membership at any time in accordance with Section 2.3.
4. Agreement Changes
We may in our reasonable discretion change these Terms, or any aspect of Prime membership including any Prime benefits, by posting the changes on our website. Any changes implemented by Amazon will not affect your rights to cancel your membership at any time. Any increase in the applicable Prime membership fee will not apply before the end of your current membership period. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued membership and use of the Prime benefits after any such change constitutes your acceptance of the change. If you do not agree to any changes, you must cancel your membership in accordance with Section 2.3.
5. Our Liability
5.1. Unless otherwise stated in writing, Amazon disclaims, and does not make, any representation or warranty of any kind in respect of the Prime membership program and benefits offered. Amazon will not be responsible for (i) losses that were not caused by any breach on our part; (ii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iii) any indirect or consequential losses; or (iv) any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This Section 5 does not affect your rights under Section 2.3.
5.2. To the extent permitted by law and subject to Section 2, the liability of Amazon to Amazon Prime members for any loss or damage arising out of or in connection with the supply of Amazon Prime benefits under these Terms, any breach by Amazon of these Terms however arising (whether tort (including negligence), statute, custom, law or on any other basis) or any non-compliance with a statutory guarantee is limited to:
(a) the supplying of the Prime benefits again; or
(b) the payment of the cost of having the Prime benefits supplied again.
5.3 Nothing in these Terms is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.
The provisions of this section supplement, and do not supersede, the provisions in the Conditions of Use and Sale.
6. Events Beyond our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is non foreseeable and beyond our reasonable control.
7. Applicable Law
The laws of New South Wales govern these Terms and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these Terms will only be adjudicated in the courts of New South Wales. Each party consents to 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 these Terms. If you would like to bring a matter to our attention, please contact us.
Our Contact Details
For general inquiries: contact us
Address for service of notices for Amazon Commercial Services Pty Ltd:
If you would like to contact us about Kindle Store, Kindle Content, or Kindle Applications contact information is here.
Contact information relating to other Amazon Services or the affiliate that provides the Service may differ and can be found in the relevant Service Terms.
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