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Terms of Service

OVERVIEW

Welcome to kikau.com.au (Website). The Website provides you with an opportunity to browse and purchase specialised products (Products)(Service). Throughout the Website, the terms “we”, “us” and “our” refer to Kikau Holdings Pty Ltd ACN 159 803 540 trading as ‘Kikau’ ABN 21 159 803 540. “We offer the Website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies (including but not limited to the Privacy Policy and the Shipping and Returns policy) and notices published on the Website from time to time (collectively the Terms of Service). Terms such as ‘You’, ‘Your’ or ‘Customer’ in the Terms of Service refer to users of the Website, the Service and purchasers and users of the Products.

By accessing or using any part of the Website and/or purchasing from us you agree to be bound by the Terms of Service. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

Please read these Terms of Service carefully before accessing or using the Website. If you do not agree to all the Terms of Service, then you may not access the Website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Headings used in the Terms of Service are included for convenience only and will not limit or otherwise affect their meaning. 

 

TERMS OF USE

By agreeing to these Terms of Service, you represent and warrant that you:

  • are at least 18 years of age;
  • will only use the Website, the Products and Service lawfully;
  • will adhere to any age restrictions which apply to any Product; and 
  • will use the Website for your personal and non-commercial use only.

A breach or violation of any of the Terms of Service will result in an immediate termination of your Services. 

 

PROHIBITED USES

You are prohibited from using the Website or its content, the Products or the Service:

  • for any unlawful purpose; 
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any regulation, rule, law, ordinance or the like;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information or defamatory or offensive content;
  • to upload or transmit viruses or any other type of malicious code or technology that will or may be used in any way that will affect the functionality or operation of the Service, the Website or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others; 
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • circumvent or manipulate our fee structure, the billing process, or monies owed to us; 
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Website or the Service or any related website, other websites, or the Internet. 

We reserve the right to terminate your use of the Website, the Service or any related website for violating any of the prohibited uses. 

 

GENERAL CONDITIONS

We reserve the right to refuse the Service to anyone for any reason at any time.

You understand that your content, may be transferred unencrypted and involve:

  • transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or the Products, use of the Service or Products, access to the Service or any contact on the Website through which the Service is provided, without express written permission by us. 

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

While we use all reasonable efforts to ensure that all information on the Website (Information) is accurate and up to date, occasionally there may be Information on the Website that contains inaccuracies, omissions, typographical errors or is out of date in respect of, but not limited to, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 

We do not give any warranty or representation as to the accuracy, validity, reliability, completeness or timeliness of the Information. The use of this Website and the Information is at your own risk and we accept no liability to any person or entity for any loss, damage or cost incurred as a result of reliance on the Information.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update Information or cancel orders if any Information is inaccurate at any time without prior notice (including after you have submitted your order).

 

MODIFICATIONS TO THE PRODUCTS, SERVICE AND PRICES

Prices for our Products are subject to change without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Product or the Service. 

Certain Products may be available exclusively online through the Website. These Products may have limited quantities.

We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Website is void where prohibited.

We do not warrant that the quality of any Products, Information or other material purchased or obtained by you will meet your expectations.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our Website. You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.

You acknowledge and agree that you are personally responsible and liable for ensuring all your details, including, but not limited to, shipping details, are inputted correctly when using the Website or Service or completing an order of a Product. We will not be responsible or liable for Products incorrectly shipped where you have incorrectly inputted any information. 

 

DELIVERY

Please refer to our ‘Shipping and Returns’ policy. 

 

THIRD-PARTY LINKS

Certain content, Products and Services available via our Website may include materials from third-parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, Comments), you agree that we may, at any time, without consent, restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to: 

  • maintain any Comments in confidence;
  • pay compensation for any Comments; or
  • respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website, the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

 

COPYRIGHT

All material displayed on the Website including logos, text, graphics, names, design, related tag-lines and service marks are protected by copyright owned by us and is the intellectual property of us, unless otherwise indicated. 

 

PERSONAL INFORMATION

We respect the privacy of our users and have created a Privacy Policy that sets out users’ rights and responsibilities regarding personal information disclosed on the Website. Please read our Privacy Policy for more information. 

 

DISCLAIMER OF WARRANTIES

You use the Website, the Service and the Products at your own risk. To the fullest extent permitted by law, we disclaim all warranties.

We do not guarantee, represent or warrant that your use of the Website or the Service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the Website or Service for indefinite periods of time or cancel the Website or the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Website or the Service is at your sole risk. The Website, the Service and all Products delivered to you through the Website and the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

 

LIMITATION OF LIABILITY

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website, the Service or any Product or for any other claim related to your use of the Website, the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website, the Service or Product. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

 

INDEMNIFICATION

You agree to indemnify, defend and hold us, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SHOPIFY

Our Website is hosted by Shopify. Shopify provide us with the online e-commerce platform that allows us to sell our Products to you.

As the Website is hosted by Shopify, your use of the Website will also be governed by Shopify’s terms of use and privacy policy. 

By using the Website you acknowledge that you have read and accepted Shopify’s terms of use and privacy policy available at www.shopify.com (“Shopify Terms”).

If any of the provisions of the Shopify Terms conflict with the Terms of Service, the terms of the Terms of Service have priority. 

 

GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of Queensland and the Commonwealth of Australia.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@kikau.com.au.

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