Terms & Conditions
Welcome to Kiss the Kangaroo, a
supplier of Australian made gifts and artworks. These terms and conditions are
intended to assist and keep Kiss the Kangaroo a safe place to trade. Kiss the Kangaroo is an Australian business based in Brisbane, Australia.
1.1 Acceptance of terms and conditions:
The terms and conditions are the terms on which Kiss the Kangaroo offers you
access to the services and this web site. By registering as a member of the
Kissthekangaroo.com.au web site you accept these terms and conditions. If you
do not accept these terms and conditions, you must refrain from using the
services.
1.2 Amendment of terms and conditions:
These terms and conditions may be amended in whole or in part by Kiss the
Kangaroo owners from time to time. Amendments will be effective immediately
upon posting of the amended terms and conditions on this web site. You are
responsible for ensuring you are familiar with the latest terms and conditions.
Your continued use of the services represents your agreement to be bound by the
terms and conditions as amended.
These terms and conditions were last
updated 16 August 2015.
1.3 Terminology:
In these terms and conditions, the following expressions have the meanings set
out:
'item', or 'items' means goods that
may be bought or sold through the Kiss the Kangaroo online store process;
'customer' means a registered customer
of the Kissthekangaroo.com.au web site, owned and operated by Kiss the
Kangaroo;
'services' means any one or more of
the offered by Kiss the Kangaroo from time to time, including online store,
message boards, and chat rooms and any other service that Kiss the Kangaroo may
offer;
'we', 'us' and 'our' are a reference
to Kiss the Kangaroo and this web site
www.kissthekangaro.com.au
'you' and 'your' are a reference to
you;
'web site' means the
Kissthekangaroo.com.au web site through which the services are offered;
SPECIFIC WARNINGS
2.1 The services:
The Kissthekangaroo.com.au web site provides a venue for customers who want to
buy items.
2.3 Disclaimer:
You expressly understand and agree that:
you use of the services is at your
sole risk. The web site and services are provided on an "as is" and
"as available" basis. To the maximum extent permitted by law and
without limiting clause 2.2, Kiss the Kangaroo disclaims and excludes all
implied conditions or warranties, including, but not limited to, any warranties
of merchantability, fitness for a particular purpose, and non-infringement;
Kiss the Kangaroo does not warrant
that (i) the services provided will be uninterrupted, timely, secure, or error
free, or (ii) that any information (including feedback) provided on the web
site is error-free or reliable;
no advice or information that is
obtained by you from Kiss the Kangaroo or anyone else shall create any warranty
by Kiss the Kangaroo that is not expressly stated in the terms and conditions;
and
responsibility for the content of
advertisements appearing on this web site (including hyperlinks to advertisers'
own websites) rests solely with the advertisers. The placement of such
advertisements on the web site does not constitute Kiss the Kangaroo recommendation
or endorsement of the advertised product or service. Each advertiser is solely
responsible for any representation made in connection with its advertisement.
2.4 Copyright
Everything on this site is copyrighted unless otherwise noted. Copyright
Law protects the Artists Copyright in their original artworks. All viewers
should be aware that Copyright of the artworks located on this website remain
the exclusive property of the Artist. Copyright is administered by Kiss the
Kangaroo, the Artists or their agents. Artworks may be viewed only for the
purposes of buyer browsing and be downloaded only for such purposes.
No reproduction may be
made of any of the artworks from this website for commercial use for any reason
without first receiving written permission from Kiss the Kangaroo, the Artists
or their agents. Under Copyright Law it is fair use to reproduce a single copy
for personal or educational purposes, provided that no changes are made to the
content and provided that a copyright notice accrediting the content is
attached to the reproduction. Beyond that, no further copies of artworks from
this website may be made or distributed without written authorization.
Kiss the Kangaroo is the
copyright owner for all other aspects of the website including text,
photographs and website design unless otherwise stated.
2.5 Liability:
You agree that, to the maximum extent
permitted by law, any and all liability and responsibility of Kiss the Kangaroo
to you or any other person under or in connection with these terms and
conditions, or in connection with the services, this web site, another
customer's acts or omissions, or your use of or inability to use, the services
or this web site is excluded regardless of whether such liability arises in
contract, tort (including negligence), equity, breach of statutory duty or
otherwise. Kiss the Kangaroo liability and responsibility is excluded in
respect of any and all loss or damage, whether direct or indirect, including,
without limitation, loss of profits, loss of data, loss of business or
anticipated savings, general and special damages, and consequential and
incidental loss.
2.6 Indemnity:
You agree to release, indemnify and keep indemnified us from and against all
actions, claims, costs (including legal costs and expenses) losses,
proceedings, damages, liabilities, or demands suffered or incurred by us to any
person arising out of or in connection with your failure to comply with these
terms and conditions, your failure to completed a transaction, your use of Kiss
the Kangaroo message boards and chat rooms, your purchase or attempted purchase
of an item prohibited under clause 4.2(c), or arising out of any content or
item you submit, post, transmit, or make available through the services.
2.7 Breach:
Without limiting any other rights and remedies available to Kiss the Kangaroo,
we may limit your activities on the web site, warn other customers of your
actions, issue a warning to you, suspend or terminate your status as a
customer, or refuse to provide our services to you if you breach these terms
and conditions or where Kiss the Kangaroo considers it appropriate.
BECOMING A CUSTOMER
3.1 Becoming a Customer:
Becoming a customer is free. You may only register as a customer if you can
form a legally binding contract that is enforceable against you. For example,
you must be 18 years old. By registering as a member, you warrant that you can
form a legally binding contract.
3.2 Accurate Information:
You warrant that you have provided complete, accurate and current personal
information when registering as a customer. You must maintain and update your
personal information held by Kiss the Kangaroo to ensure it is kept current at
all times. You must not register as a customer under multiple identities or
personas (whether false or not). Kiss the Kangaroo may phone, mail or email you
to verify these details.
3.3 Termination of customer status:
Kiss the Kangaroo reserves the right to decline to register or to terminate
your customer status without entering into further discussions with you.
Without limiting the foregoing, Kiss the Kangaroo may terminate your customer
status if a serious complaint or multiple complaints are received about you
from other customers, you breach these terms and conditions, you impersonate
another customer, or we, at our sole discretion, deem your behaviour to be
unacceptable. Customers who have registered under multiple aliases will have
all of their aliases disabled.
3.4 Security of your login information:
You are responsible for keeping your login information, including your email
address and password, secret and secure. Without limiting the foregoing, you
agree: not to permit any other person to use your user name or customer status;
and not to disclose, or provide to any other person, your password, email
address, or any information that may allow them to gain access to your customer
status.
GENERAL RULES
4.1 General
All sales made through Kiss the
Kangaroo shall be made in good faith. You must not attempt to damage, interfere
or harm the web site or services, or any network, or system underlying or
connected to them, including by using a robot, spider, scraper or other
automated means to access the web site or information feature on it for any
purpose.
You shall not list your email address,
phone number or any other contact detail within the Kiss the Kangaroo message
boards.
You must not use the services or the
web site to promote items for sale outside the services.
GENERAL PROVISIONS
5.1 System Integrity:
Kiss the Kangaroo will use its reasonable endeavours to ensure the availability
of the Kiss the Kangaroo web site and services, subject to any downtime
required for maintenance. However, Kiss the Kangaroo takes no responsibility
for any system unavailability, or for any loss that is incurred as a result of
web site or services being unavailable. Further, Kiss the Kangaroo assumes no
responsibility for the corruption of any data or information held by us.
5.2 Kiss the Kangaroo message boards
and chat rooms:
Kiss the Kangaroo may provide Message Boards and Chat Rooms for the use of Kiss
the Kangaroo customers. The Message Boards and Chat Rooms may not be used to
promote auctions, web sites or any commercial or business activity. Kiss the
Kangaroo is not responsible for any of the opinions expressed in the Message
Boards and Chat Rooms. By posting a message to the message board or chat room
you agree to take full legal responsibility and liability for your comments,
including for offensive or defamatory statements.
5.4 Force Majeure:
Without prejudice to clause 2.3(a), Kiss the Kangaroo has no liability for any
lack of performance, unavailability or failure of the services or the
Kissthekangaroo.com.au website or for any failure of Kiss the Kangaroo to
comply with these terms and conditions where the same arises from any cause
reasonably beyond the control of us.
5.5 No Waiver:
If we do not exercise or enforce any right available to us under these terms
and conditions, it does not constitute a waiver of those rights.
5.6 Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be
invalid, unenforceable or illegal for any reason, and in any respect, that
provision shall be severed from the remaining terms and conditions, which shall
continue in full force and effect.
5.7 Governing Law:
These terms and conditions are governed by the laws of the State of Queensland,
Australia. You submit to the non-exclusive jurisdiction of the Courts of
Queensland.
5.8 Intellectual Property Rights:
Kiss the Kangaroo (and its licensors or suppliers, as the case may be) owns all
proprietary and intellectual property rights in the web site (including text,
graphics, logos, icons and sound recordings) and the software and other
material underlying and forming part of the services and the web site. You may
not without our prior written permission, in any form or by any means:
Adapt, reproduce, copy, store,
distribute, print, display, perform, publish or create derivative works from
any part of this web site; or
Commercialise, copy, or on-sell any
information, or items obtained from any part of this web site.
5.9 Entire agreement:
These terms and conditions supersede all previous conditions, understandings,
commitments, agreements and representations whatsoever whether oral or written,
and constitutes the entire agreement, between the parties, relating to the
subject matter of these terms and conditions.
5.10 Privacy:
Kiss the Kangaroo collects personal information about you through your use of
the services and the web site, including: your registration details; and
information relating to your use of the web site and the content you access.
You agree that Kiss the Kangaroo may
use this personal information to assist us to provide the services to you, for
internal research purposes, to verify your identity, for promoting and
marketing other Kiss the Kangaroo products and services to you, and for any
other use that you authorize. We will not sell or allow third parties to access
your personal information without your consent, however you agree that Kiss the
Kangaroo may disclose your personal information, including your name and
contact details, to the relevant authorities, parties and/or the applicable
intellectual property right holders (or their representatives) if we consider
that you are in breach of this clause at any time. Please review our privacy policy.