Terms and Conditions
We encourage you to read the Terms and consult our FAQs section if you have any questions in relation to the Terms or the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agreed to the Terms.
If you access and use any part of the Site on someone else's behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf. To the extent you do not have such authority, you agree to be bound to the Terms and to accept liability for any harm or loss caused by any wrongful use of the Site or Content resulting from such access or use.
The Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
We may modify or remove any part of these Terms, or content of the Site, at any time without notice. Any changes are effective immediately upon posting to, or removal from, the Site. Your continued use of the Site thereafter constitutes your acceptance of any changes to the Site or Terms. If you do not agree to any change, then you must immediately stop using the Site.
You should read the Terms before placing an order online and check back often for any changes. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law.
We do not promise to continue to offer or maintain the Site. We may, at any time and without prior notice to you, withdraw the Site from use and terminate any or all of the rights granted by the Terms.
PLACING ORDERS AND MAKING BOOKINGS
Currently, you may only place an order via the KIT website at www.kitskinkind.com.au.
To place an order, you must:
- meet the eligibility criteria (see below); and
- provide your personal and payment details, including your full name, phone number, e-mail address, and any other requested information. By providing these details, you represent and warrant that they are valid and correct and that you are the person specified in the ‘Billing information’ section.
You will meet the eligibility criteria if:
- you hold a valid credit or debit card issued by a bank that is acceptable to KIT, or you hold another means of payment that is acceptable to KIT, such as a valid Google Pay or Apple Pay account (Alternative Payment Method); and
- you have authorised KIT to process 1 or more charges on your credit or debit card or Alternative Payment Method in an amount equivalent to the total purchase price for the goods or services that are the subject of the order.
We reserve the right to only accept orders from those aged over 18 or 21, as legislated by the relevant state or territory of residence.
We may use your personal information (eg your personal and payment details) for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions.
ACCEPTANCE OF YOUR ORDER
When you place an order via the Site, you make an offer to purchase the selected goods from us in accordance with these Terms. Unless you cancel your order or booking, your offer is accepted, and the contract for the supply of the goods completed, when an email is sent from us (or our authorised agent) confirming that the goods have been dispatched and handed over to the designated carrier.
For the avoidance of doubt, your offer has not been accepted when:
- you add 1 or more items to your cart; and / or
- following the placement of your order, you receive an email acknowledging the details of your order. This email confirms that we have received notice of, but not accepted, your order.
At the time your order is placed, your credit or debit card or Alternative Payment Method will be charged in the amount equivalent to the total price for the goods that are the subject of the order. The transaction may appear as ‘authorisation only’ or ‘pending’ on your bank statement until your order is fulfilled.
We have a responsibility to provide you with a secure payment gateway. To protect the interests of you and your financial institution, we conduct and implement fraud detection processes, including monitoring suspicious transactions and verifying the authenticity of orders. If your order (or your nominated payment method) triggers our fraud prevention protocols, we may contact you to confirm additional details. Your order must pass our fraud prevention protocols before it will be fulfilled. If we are unable to obtain authorisation for payment, or you do not provide the requested information within the required timeframe, your order may be cancelled and payment returned, if applicable, via the original payment method. In those circumstances, your bank may take 3 to 5 working days to clear the funds back into your account.
We reserve the right to:
- reject your offer at any time at our discretion, including in the event that we are unable to obtain authorisation for payment, the goods are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, in the Terms; and/or
- restrict or limit the quantity of particular goods being shipped to any one customer or postal address.
The contract for the supply of goods or services (as the context permits) is completed in Victoria, Australia.
Prices are quoted in Australian Dollars (AUD) and are inclusive of GST.
Prices are subject to change, effective immediately upon posting to the Site or other form of notification.
By placing an order or making a booking with us, you agree to use the products only for their intended purpose. If you use the products for any other purpose, you will assume full responsibility for any loss or damage arising out of such use.
INTELLECTUAL PROPERTY RIGHTS
In this document:
- Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Site, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and
- Intellectual Property Rights includes patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
The Site, Content and all Intellectual Property Rights comprised in the Site and Content are owned by KIT, or in some cases, our affiliates, partners or licensors. The Intellectual Property Rights may be protected by Australian and international laws.
You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or Site, other than as expressly authorised by us, our third party licensors or applicable laws, such as the Copyright Act 1968 (Cth).
Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Site or Content is prohibited. Without limiting the foregoing, you are permitted to make 1 copy of the Content for your personal use.
KIT makes no representations or warranties about whether your use of the Site or Content will, or will not, infringe any Intellectual Property Rights, including those of KIT or any third party.
We grant you a limited, revocable, and non-exclusive licence to access the Site for your personal use. This limited licence does not permit, and you are, therefore, restricted from:
- framing or utilising framing techniques to enclose the whole or any part of the Site;
- publishing, distributing, transmitting, selling, licensing or downloading the whole or any part of the Site or Content (except caching or as necessary to view the Site);
- making any use of the Site or Content other than for personal use;
- modifying, reverse engineering or creating any derivative works based upon the Site or Content;
- collecting account information for the benefit of yourself or another party;
- using any meta tags or any other "hidden text" utilizing any Content; or
- using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.
You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. Any powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.
Any unauthorized use by you of the Site or Content automatically terminates the limited licence set forth in this section without prejudice to any other right or remedy available to KIT under applicable laws or the Terms.
REPRESENTATIONS AND WARRANTIES
We attempt to provide accurate information on the Site. However, the information contained on the Site is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:
- we do not warrant that information contained on the Site or in the Content, including any product or service descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free;
- KIT takes no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Site or in the Content; and
- the Site is presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.
KIT does not promise that any part of the Site or Content is error-free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.
Nothing in the Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified. Subject to the preceding sentence, and to the fullest extent permitted by applicable law, our liability under the Terms will be limited, at our option to:
(a) replacing the goods or supplying equivalent goods;
(b) repairing the goods;
(c) paying the cost of replacing the goods or of acquiring equivalent goods; or
(d) paying the cost of having the goods repaired.
LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any:
(a) interruption of business;
(b) access delays or access interruptions to the Site;
(c) data non-delivery, misdelivery, corruption, destruction or other modification;
(d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including clicking any hyperlink to or from a third party website;
(e) any inaccuracies or omissions in the Site or Content; or
(f) events beyond our reasonable control.
Further, to the fullest extent permitted by applicable law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or its Content, or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed AUD$ 100.
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of the Terms;
- any breach or inaccuracy in any of your representations or warranties; or
- your use of the Site or Content.
NO COMMERCIAL USE
The Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Site. You may not use the Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
USE OF INFORMATION
If you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Site, you:
- agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), including in all media now known or not currently known;
- consent to us infringing any moral rights or similar rights you may have or may acquire in the future in that User Content; and
- agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.
You agree that you will not upload or otherwise provide any User Content that:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach the Terms;
- violates any law, statute or regulation;
- forges information to disguise the origin of any User Content; or
- encourages or incites any other person to engage in any of the above behaviour.
THIRD PARTY SITES
We may include hyperlinks on the Site to other websites, platforms or resources operated by third parties (Third Party Sites). KIT is not responsible for the content or accuracy of any Third Party Sites linked to or from the Site, nor are we responsible for the availability of Third Party Sites, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Sites, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You should make your own reasonable enquires regarding the content of Third Party Sites. Your linking to or from the Third Party Sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by KIT.
BREACH AND TERMINATION
If, in our reasonable opinion, you breach any provision of the Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Site. In any event, we may terminate the Terms (and your right to use the Site) at any time and for any reason, without prior notice to you.
No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.
All terms of an offer must be met.
Offers are valid only for the period specified and will end at 11:59am AEDT on the end date, unless stated otherwise in the offer terms.
Please note offer periods are subject to product availability and will terminate early if stocks run out.
We reserve the right to vary, withdraw or cancel offers for any reason at any time.
Any failure to enforce any of our rights does not constitute a waiver of those rights.
Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
If you have any questions regarding these Terms and Conditions, please contact us at email@example.com.