YOUR USE OF THE KEEP IT PERSONAL WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
By using www.keepitpersonal.com.au(the “Site”), you agree to these Terms & Conditions and the general principles for the Site. As used in these Terms & Conditions, “Keep It Personal”, “us” or “we” refer to Keep It Personal Pty Ltd and its affiliates.
We recommend that you read these terms & conditions, as they include terms such as limitations of liability, choice of forum for disputes and other provisions that may limit your rights.
Keep It Personal reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions.
Your continued use of the Site will indicate your acceptance of the current Terms & Conditions. If you do not agree to any chance in the Terms & Conditions then you must immediately stop using the Site.
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
You may be required to register with Keep It Personal in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Keep It Personal reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Keep It Personal reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms & Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination.
Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
We make available products for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that you have the legal right to use any credit card(s) utilised in connection with any transaction. By submitting such information, you grant to Keep It Personal the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site.
By placing an order, you represent that the products ordered will be used only in a lawful manner.
Keep It Personal reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
Nothing on the Site constitutes a binding offer to sell products described on the Site or to make such products available in your area. Keep It Personal reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in Keep It Personal’s sole discretion, even after Keep It Personal’s receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Site are quoted in Australian dollars and must be paid in Australian dollars.
In the event a product is listed at an incorrect price, Keep It Personal has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Keep It Personal will issue a credit to your credit card account.
Keep It Personal strives to display as accurately as possible the colours of the products shown on the Site. However, because the colours you see will depend on your monitor, Keep It Personal cannot guarantee that your monitor’s display of any colour will be entirely accurate.
LIMITATIONS ON QUANTITY
Keep It Personal does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, Keep It Personal reserves the right to limit quantities on orders placed by the same account, the same credit card, or orders that use the same billing and/or shipping address. We will notify you if such limits are applied.
AVAILABILITY, ERRORS AND INACCURACIES
Many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on the Site is no longer in stock, we make reasonable attempts to remove that item from the Site in a timely manner.
Should you have any questions concerning the availability of a particular item or its price, please contact us at email@example.com . Keep it Personal’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Keep It Personal makes a conscious effort to describe and display its products and services accurately on the Site.
Despite all efforts, a small number of the items on the Site may be mis-priced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Keep It Personal reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time, including after an order has been submitted, without prior notice. We apologise for any inconvenience.
SALES, SHIPPING, AND RETURNS
Keep It Personal accepts the following credit cards: Visa, MasterCard and American Express. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
For multiple product orders, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of Keep It Personal’s offer to sell. Keep It Personal reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
We will ship your order within two weeks of the placing of your order. However, there may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. Keep It Personal will keep you informed of any products that you have ordered that are out-of-stock and unavailable for shipment in the timeframe outlined above. Keep It Personal cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. Keep It Personal will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for ninety (90) days from the date of purchase. Fulfillment mistakes that Keep It Personal makes resulting in the shipment of incorrect product to you will also be accepted for return ninety (90) days from the date of purchase.
Keep It Personal shall automatically charge and withhold the applicable goods and services tax.
RISK OF LOSS
The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.
COMMENTS / FEEDBACK
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, product designs or concepts, and other submissions disclosed, submitted or offered to Keep It Personal using this Site or otherwise (collectively, “Comments”) are not confidential and will become and remain Keep It Personal’s property.
NO UNLAWFUL OR PROHIBITED USES
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Keep It Personal specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own; engaging in conduct that would constitute a criminal offence, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol; communicating, transmitting, or posting material that is copyrighted, trademarked, or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it; communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner; communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another; communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of Australian export control laws; attempting to interfere in any way with the Site’s or Keep It Personal’s networks or network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system.
INTELLECTUAL PROPERTY NOTICE
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively “Content”), is owned or licensed property of Keep It Personal or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all content on the Site are the exclusive property of Keep It Personal and protected by Australian and international copyright laws.
The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
Keep It Personal and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Keep It Personal’s or any third party’s intellectual property rights.
LINKS TO THIRD PARTIES’ WEBSITES
The Site may contain links to websites of third parties, including social sites and product manufacturers. Keep It Personal is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website; Keep It Personal strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by Keep It Personal of these third party websites. Other sites may link to the Site with or without our authorisation, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES — GENERAL
While Keep It Personal attempts to ensure your access and use of the Site is safe, Keep It Personal cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorised access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
The site and all information, content, materials and other products (including software), services and user content included on or otherwise made available to you through the site are provided by Keep It Personal on an “as is,” “as available” basis, without representations or warranties of any kind.
Keep It Personal makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, the accuracy or completeness of content, materials, products (including software), services or user content included on or otherwise made available to you through the site or its servers, or that emails sent from Keep It Personal are free of malware or other harmful components.
You expressly agree that your use of the site is at your sole risk. Keep It Personal will not be liable for any damages of any kind arising from the use of the site or from any information, content, materials products (including software), services or user content of any kind arising from the use of the site, including but not limited to direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by law, Keep It Personal disclaims any and all representations and warranties with respect to the site and its contents, whether express, implied, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.
Certain providers of products may separately provide limited representations and/or warranties regarding their products. This disclaimer does not apply to such product warranties, but you would look solely to such third parties with respect to any such representation and warranties.
The site is controlled and operated by Keep It Personal from Australia, and is not intended to subject Keep It Personal to the laws or jurisdiction of any state, country or territory other than that of Australia. Keep It Personal does not represent or warrant that the site or any part thereof is appropriate or available for use in any particular jurisdiction other than in Australia.
In choosing to access the site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
Under no circumstances shall Keep it Personal or any of its respective employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the site.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorised representative of Keep it Personal has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with the site or any content on the site, or with these terms & conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
INDEMNIFICATION AND DEFENCE OF KEEP IT PERSONAL
As a condition of the use of the site, you agree to defend, indemnify and hold harmless Keep It Personal, and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable lawyers’ fees and expenses) (each, a “claim”) arising out of or otherwise relating to your use of the site.
ENFORCEMENT OF TERMS & CONDITIONS
By accessing and using the site, you agree that your access to and use of the site is subject to these terms & conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of Australia.
If you have any concerns about Keep It Personal or your use of the site, please contact us with a detailed description, and we will try to resolve it, email us at: firstname.lastname@example.org