TERMS OF SERVICE
Please note this website is owned by Kitx Pty Ltd ACN 602 558 225. Please read the following agreement (the "Terms") carefully. These Terms explain the policies and rules related to use of our site (the "Site"). By accessing, using or downloading materials from the site or by completing the registration process and clicking "Sign Up,” you are stating that you agree with Kitx Pty Ltd ("us", "we", "our" or "Kitx") to the following Terms. "You" or “the Customer” refers to you, the user, together with any company or other business entity you are representing. We reserve the right to add to, delete or change these terms because of frequent changes in internet technology and applicable law. As such, you should check these Terms and Conditions from time to time for such changes. Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms, do not use this website.
Product Description and Colours
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst we make every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
Purchases - Other Terms
Additional terms and conditions may apply to the purchase of goods and to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this paragraph.
You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall have authority with respect to your use of that portion of the website or the specific service.
We welcome your comments regarding this web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Communication from us
At the time of requesting our products and services, we will ask you to specify if we can email product alerts and special offers to you that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at any time that you do not wish to receive emails we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe.
Purchases, Charges and Billing
Certain features offered through our website may be conditioned on entering into a financial transaction with us. We reserve the right to refuse any order you place with us or cancel your order for any reason. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card/bank account number, card expiration date and address), that any transactions are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction. By providing a method of payment pursuant to a transaction, you confirm that you are permitted to use that method of payment. You also authorize us to collect and store it, along with other information related to your transaction. You authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
In the event (a) your method of payment is not valid, (b) we determine, in our sole discretion that a transaction is unauthorized, (c) your method of payment cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than the undisputed failure by us to deliver the products purchased by you, we reserve the right to immediately terminate any pending transactions, suspend your access to the website, thereby terminating all of our obligations to you under this Agreement, and, in addition, to charge you an administrative processing fee equal to $20 AUD, per instance, which charge you hereby authorize by entering into any transaction through the Website. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any bank, credit or payment card company shall be invalid unless you notify us within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and that you have made reasonable, good faith efforts to resolve such dispute with us directly, and such efforts have failed
If you are required to pay a fee for any Product for which you have chosen to purchase, you hereby authorize Kitx to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen product and your Account. The initial charge is non-refundable. You acknowledge that it is your responsibility to notify Kitx of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in your selected currency.
All charges will show on your credit card statement as Kitx Pty Ltd.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but Kitx does not warrant or guarantee such accuracy.
To help ensure that everyone's experience at Kitx is a positive one, we have certain rules for conduct, which you must agree to in using our site.
You agree to:
1. follow all of your local, provincial/state, national and international laws and regulations.
2. be responsible for all information, data, text, software, music, sound, photographs, images, graphics, video, messages or other material ("Content") that occur under your account or password, including any Content transmitted or broadcast through your account.
3. comply with all applicable laws regarding the transmission of technical or other data exported from the country in which you reside.
You also agree that you will not:
4. host or transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
5. copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that infringes the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
6. interfere with or disrupt Kitx site, services, computer systems, servers or networks, or violate the regulations or policies of such networks.
7. transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs.
8. attempt to gain unauthorized access to Kitx site or services, others' accounts, private web sites, or computer systems or networks connected to Kitx site, through password mining or otherwise.
9. engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.
10. frame the site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the site.
11. collect information about others without their consent.
12. provide false information on your registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication.
13. transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages.
14. copy audio content without the permission of all parties to the conversation.
15. sell access to or use of any services available on Kitx site.
16. interfere with anyone's use or enjoyment of Kitx site.
17. harm minors in any way.
18. fail to respond to customer, copyright or trademark holders' questions within 3 business days.
19. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons and creating "Crush" sites.
Third Party Content
For your convenience, products, services, content and information from third party providers and/or links to their Web sites ("Third Party Content") may be provided by us. Such Third Party Content is not under the control of Kitx and Kitx is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content.
This Site may contain hyperlinks to websites operated by parties other than Kitx. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Kitx is not and will not be responsible for
1. the terms and conditions of any transaction between you and any third party,
2. any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or
3. the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Kitx (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree to indemnify and hold Kitx and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to
1. your breach of this Agreement;
2. any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your site and/or to Kitx and/or its affiliates;
3. any dispute or litigation between an Indemnified Party and a third party caused by your actions; and
4. your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with Kitx or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Kitx and /or its suppliers, affiliates, partners, subsidiaries and employees.
Limitation of Liability
We make no representation or warranty of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your own risk.
To the full extent permissible by applicable law, we disclaim all warranties, express or implied, we do not warrant that our website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.
Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of products purchased from us.
Kitx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You should periodically review these Terms for changes. Your continued use of the site and the services following the posting of any changes confirms your agreement with such changes. You agree that Kitx shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Correction of Errors and Inaccuracies
Whilst we make every effort to present accurate information on this website, there may be typographical errors or inaccuracies, and some information may not be complete or current. We therefore reserve the right to change or update information, including product and service descriptions, pricing and availability, at any time without prior notice (including after you have requested any of our products or services).
We apologize for any inconvenience this may cause, and please feel very welcome to contact Customer Services if there is ever an issue you would like to discuss.
Proprietary Rights to Content
You agree that Content presented through our site by Kitx, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by Kitx or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through Kitx's site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other web site you operate such as in the meta-data of such web site. Except as expressly authorized by Kitx or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Limitation of Liability
IN NO EVENT SHALL KITX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Kitx OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH
a. THE USE OR INABILITY TO USE THE SERVICE,
b. THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
c. FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE,
d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
e. ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KITX' AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO KITX UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither Kitx nor its suppliers is responsible for any of your data residing on the Service or Kitx suppliers' hardware. You are responsible for backing-up your data and information that may reside on the Service or Kitx' suppliers' hardware, whether or not such information is produced through the use of the Service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
These Terms are governed by the laws of the New South Wales, Australia. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in the Commonwealth of Australia and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers.