TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE OF OUR WEBSITE

The use of our website and the purchase of any products offered on the website are subject to these Terms and Conditions of Use (‘Terms and Conditions of Use’). The use of our website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy (‘Privacy Policy’). We may update these Terms and Conditions of Use and the Privacy Policy at any time. By continuing to use the website following any such change, you agree to comply with and be bound by the varied Terms and Conditions of Use and consent to the varied Privacy Policy.

SECURITY AND PERSONAL DATA

The Privacy Policy governs the use of any personal information that you agree to provide to us. We may modify or amend the Privacy Policy at any time as provided in the Privacy Policy.

INTELLECTUAL PROPERTY

All material on the website (including but not limited to Our Brands, all trademarks, drawings, designs, illustrations, photographs, written text, and logos) is the exclusive property of Kwix Connect. You must not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on our website. The ‘Kwix Connect’ trademarks and all other Kwix Connect marks and logos (including all copyright in them throughout the world), whether or not registered, displayed on the website, as well as the domain name, are and will remain the exclusive property of Kwix Connect (ABN 15 145 667 894). Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without the prior, written consent from us is strictly prohibited. You may not remove any copyright, trademark or other proprietary notice contained on the website or any content contained therein. You may make a single copy of web pages published on the website for your own private, personal, and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.

COPYRIGHT

Unless otherwise indicated, all materials and content on this website, and the website itself, are protected by copyrights, trademarks, and/or other intellectual property rights. These materials and content are owned by Kwix Connect (ABN 15 145 667 894). Except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by us. Any other use of materials and content on this website, including reproduction for purpose other than your personal non-commercial use, modification, distribution, or republication, without the prior express written permission from us is strictly prohibited.

LINKING

The website may contain links to third party websites not under the operation or control from us. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third-party websites or any products or services offered on those sites. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.

LIMITATION OF LIABILITY

We will not be liable to you or any third party for any indirect, incidental special or consequential damages whatsoever including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the website, even if we have been advised of the possibility of such damages or loss.

DISCLAIMER OF WARRANTY

The exclusion of or limitations to Kwix Connect (ABN 15 145 667 894) liability contained hereunder are made to the full extent permitted by law. Notwithstanding any other provision of these Terms and Conditions, where any law implies any term, condition or warranty which cannot be excluded, restricted or modified at all or only to a limited extent, the term, condition or warranty will apply, except to the extent it can be excluded or limited. Our liability for any breach of any such term, condition, or warranty to the extent it can be limited, is limited at our option, to any one or more of the following:

  • (a) in the case of goods - the replacement of the goods or the supply of equivalent goods.
  • (b) in the case of services – supply of the services again; or the payment of the cost of having the services supplied again.

We do not guarantee or represent that:

  • (a) our website is free from viruses, worms, trojan horses or other destructive material; or
  • (b) the information contained on our website is accurate, complete, or up to date.

The website may contain technical inaccuracies or other defects. We do not guarantee that any such defects will be corrected. The website and its contents are provided on an ‘as is’ and ‘as available’ basis. You represent and warrant that you are at least 18 years old and will be responsible for completing all sign-up information or if under 18 years of age, have been granted access by your parent or guardian. If you are accessing and using the website services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions. Without limitation, the Website is available only to individuals that can form legally binding contracts.

APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of the State of Queensland and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these Terms and Conditions.

PAYMENT AND PRICING

The prices of our products are indicated in Australian Dollars $AUD, excluding delivery costs. Product prices cannot be displayed in other currencies. We reserve the right to modify the prices of products offered on the website at any time without prior notice to you. You will be charged the prices displayed on the website at the time your order was confirmed provided the products ordered were available at that time. You are required to pay for any order placed on the website immediately on confirmation of your order. We only accept payment by EFT, Electronic Funds Transfer. All orders are payable in Australian Dollars $AUD plus taxes (if applicable). Your order will be dispatched once we have verified your payment method and received authorisation that payment had been processed.