  |
    |
 |
|
||
|
|||||
 |
terms & conditions | |
|
b. infringe any intellectual property rights; c. violate any law, statute or regulation; d. be obscene, threatening or defamatory; or e. contain any viruses, worms or other harmful components that are intended to damage, interfere with, intercept or expropriate any software, hardware, system or data. By submitting any material to us, you agree that Kinetic Blue may use your material for any purpose, including reproduction, transmission, publication, broadcast or posting. Any material you submit to Kinetic Blue will be treated in accordance with our Privacy Policy Privacy Kinetic Blue is committed to protecting your privacy. Our privacy policy constitutes part of these Terms & Conditions. Privacy Policy Unless given consent to do otherwise, Kinetic Blue will only collect and use personal information as set out below. Collecting Your Personal Information When you visit the website, we may occasionally ask you to provide us with some personal information. This may include your name, mailing address, e-mail address, contact details and payment details. Other information may also be collected with your permission from time to time including preferences such as likes and dislikes. In some cases, we may also collect technical information provided through the use of Cookies. This may include the internet protocol (IP) address used to connect your computer to the internet, browser type and version, operating system and the internet link or banner advertisement from which you linked to the website. Cookies are files that your web browser transfers to your computers hard drive. It enables us to recognise your browser and welcome you back to the website. It does not identify you personally and does not give access to your computer or be used to deliver viruses. Most browsers are pre-set to accept cookies but if you prefer, you can disable it or warn you when cookies are used. We recommend that you leave your cookies enabled. Using Your Personal Information Information that we collect from you may be used to:
Disclosing Your Personal Information Kinetic Blue will only disclose your personal information:
Accessing Your Personal Information You can view and update the personal information you provide us by:
We endeavour to take all reasonable steps to prevent unauthorised access to your personal information. All user contact information is stored on secure servers if in digital format, or in locked areas if in hardcopy format and accessible only by a limited number of employees. All credit card information is transmitted using Secure Socket Layer (SSL) technology and encrypted in our secure database. However, security of communications over the internet cannot be guaranteed and you do so at your own risk. Kinetic Blue will not be held responsible for events arising from unauthorised access to personal information. Links to Other Sites The website may contain links to other websites that may collect personal information from you. This privacy policy has no application to these websites and Kinetic Blue is not responsible for the privacy practices or the content of such sites. Membership You may not have more than one active membership, whether this is by use of name, e-mail address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers, promotional benefits and the value therein. Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times. You are responsible for maintaining the confidentiality of your membership account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your membership account or password. Product Information Although we make every effort to ensure that products are in stock when so indicated and that information and prices concerning products and services listed on the website are accurate, the prices and availability of such products and services are subject to change without notice. If a product or service has been listed at an incorrect price, Kinetic Blue reserves the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of confirmation of an order from us does not signify our acceptance of that order, and we may cancel such order or supply less than the quantity you ordered. If you have any questions or require more detailed specifications concerning a product or its use, you should contact the products manufacturer. Placing and Accepting Orders Orders will not be despatched until payment in full has been received and Kinetic Blue is satisfied with the integrity of the order. Without limiting the operation of any Terms & Conditions therein, Kinetic Blue takes no responsibility for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). Kinetic Blue will e-mail you an Order Confirmation for the sole purpose of confirming the details of your offer. The Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way. Cancellation by Us Kinetic Blue reserves the right not to provide goods or services, terminate membership accounts or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of other Terms & Conditions, we will not be held liable for loss or damage arising from exercising these rights. Cancellation by You If you need to cancel an order, please immediately e-mail orders@kineticblue.com.au. Our agreement with you commences once we have both confirmed your order and processed your payment. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Delivery Obligation is on you to enter the correct delivery address at time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. We provide an estimated date for delivery but while we make every effort to deliver by this time, all dates are estimates only. We engage Australia Post and other courier partners who we believe will do their best to deliver by the estimated delivery date. Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be dispatched according to our discretion. Without limiting the operation of other Terms & Conditions therein:
Due to the personal care nature of our products, we do not exchange or refund goods unless they were damaged or faulty when delivered. Goods Damaged or Faulty on Delivery Except where required by law, you must return damaged goods within 14 days of receipt. Kinetic Blue will not refund the cost of delivery to return damaged or faulty goods. Upon receipt of the returned defective or damaged product, we will despatch your replacement items via standard delivery, at our expense. If the replacement item is not available in stock we will refund the original product price and delivery cost via the original method of payment. Please allow up to 14 days for refunds to be processed upon our receipt of goods. Vouchers Kinetic Blue offers three types of vouchers:
2. Loyalty Vouchers issued as part of the Kinetic Blue Loyalty Program. 3. Promotional Vouchers issued as part of a competition, incentive, promotion or offer. All vouchers are issued with an expiry date as indicated on the voucher itself. Once that voucher has expired, we are unable to extend the expiry date under any circumstances. It is the voucher holders responsibility to ensure it is redeemed before the expiry date. All vouchers are:
Promotions and Competitions Other terms & conditions not listed herein and applying to kineticblue.com.au promotions and competitions are incorporated into these Terms & Conditions. Unless expressly stated, to the extent that the other terms & conditions are not incompatible with the Terms & Conditions herein, the other terms & conditions will be in addition to the Terms & Conditions herein. To the extent that the other terms & conditions are incompatible with the Terms & Conditions therein, the other terms & conditions prevail. Links to Other Websites and Services Kinetic Blue is not responsible for, and makes no warranties or claims with respect to any websites linked directly or indirectly via the website. Any such website is independent from the website and Kinetic Blue has no control over, or responsibility with respect to the information provided or activities undertaken by such website. The appearance of a website link does not mean that Kinetic Blue endorses such websites. When leaving the website, please be aware our Terms & Conditions and other policies no longer govern. Release and Indemnity You agree to waive any and all claims that you know have or may have in the future against Kinetic Blue and Kinetic Blues associates which relate to or are incidental to any transaction. You agree to indemnify and hold Kinetic Blue harmless from and against any and all claims, loss or expense that may be incurred by Kinetic Blue or Kinetic Blues Associates which relate to or are incidental to the performance of its duties as described in these Terms & Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Kinetic Blue and Kinetic Blue's Associates harmless from any claim made by any third party due to or arising out of your use of the website, the violation of these Terms & Conditions by you, or the infringement by you, or other users of the website using your membership account, of any intellectual property or other right of any person or entity. General These Terms & Conditions are governed and construed in accordance with the laws of Victoria, Australia, without reference to its conflict of law rules. You agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. Headings are for reference purposes only and in no way define or limit the scope of a section. The invalidity or unenforceability of any provision of these Terms & Conditions shall not affect the validity or enforceability of the remaining provisions. The Terms & Conditions shall be binding on and inure to the benefit of each of our respective successors. |
|