TERMS & CONDITIONS
1.1 These Terms and Conditions (the Terms) govern your use of our services and the website located at www.kizmo.com.au and any smartphone application associated with that website (the website) and forms a binding contractual agreement between you, the user of our services and the website (you or your) and us, Kizmo, the provider of the Kizmo products services and the owner and operator of the website (Kizmo, us, our or we).
1.2 These Terms are important and you should ensure that you read them carefully. If you have any questions regarding the use of our services or the website, please contact us at www.kizmo.com.au
1.3 By using our services and/or the website as either a user of our services you acknowledge and agree that you have understood these Terms and you agree to be bound by them. If you do not agree to these Terms, please do not use our services or the website.
1.3 Kizmo manufactures silicone name bands and other products for sale online via the website (the services).
1.4 You acknowledge by using our services and the website that you and Kizmo are independent contractors and no agency, partnership, joint venture, employeeemployer or franchisee-franchisor relationship is created or intended by these Terms or by your use of the website or our services.
1.5 Information on the website is general information only. Kizmo and its owners, agents or employees do not accept and are by these Terms released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the website or anyone else through the website or any errors in, or omissions from information on the website.
1.6 Any commercial use of the website by you requires the prior written approval by Kizmo directors.
1.7 These Terms must be read in conjunction with any other notices, disclaimers and policies displayed elsewhere on the website or provided by us to you from time to time.
1.8 Kizmo reserves the right to change these Terms, the website or content contained with the website at any time with or without any notice to you nor giving any explanation for such change.
1.9 Kizmo does not provide any professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the website and/or linked to any user of the website.
1.10 By operating the website and providing the services Kizmo does not assume a duty of care to users of the website or users of the services.
1.11 You will at all times indemnify and keep indemnified Kizmo and its respective officers, employees and agents (referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you or the use of the website or use of our services or products.
1.13 Any failure on our part to enforce any provision of these Terms is our right and shall not constitute a waiver of our right to enforce that or any other provision.
1.14 Should any provision of these Terms be unlawful, void, or otherwise legally unenforceable, the rest of the Agreement shall remain enforce as though the unenforceable provision had not been a part of this Agreement.
2. Website Users & Purchasers of Products on the Website
2.1 You acknowledge that the website is a platform that allows buyers to purchase Glass and silicone products.
2.2 All purchases on the website must be paid for at the time of purchase by credit card via our payment service providers. You must fill out all relevant particulars listed on the order form on the website when you make a purchase order.
2.3 Delivery costs and taxes for goods purchased on the website are payable as detailed on the website.
2.4 You acknowledge that any description or goods or prices for goods listed on the website may be listed in error and Kizmo does not warrant that any information listed in the website is accurate or error free.
2.6 Kizmo may use any information provided by you on the website www.kizmo.com.au to engage in direct marketing to you in any medium.
3. Returns Policy
You may not cancel or return your order because you have changed your mind. We only provide refunds for damaged products and if your purchase arrives damaged, we request that you take a photo of the damaged item(s) and email the photo to [email protected] and include you name, address and order
particulars. Refunds will only be payable by us for goods damaged and notified to us within 7 days of receipt by you. We reserve the right to refuse repayments if damaged goods if you cannot demonstrate to us that the goods were damaged in transit to you.
4. Shipping Policy
4.1 Your order will be delivered to the address specified by you when you placed the order. If one or more of the items you have ordered are unavailable at the time of order, we will not be able to process your request and will complete a full refund. We will inform you by email if this should be the case.
4.2 We send products with regular Australia post.
4.3 All orders sent will come from Australia. Orders are processed and sent during regular business hours on the date of order if received by 2pm or the next day if received after 2pm (unless otherwise stated). We do not sent deliveries on public holidays where the business is registered or on weekends.
4.4 For all orders sent within the Australia, standard delivery time is 5-8 business days.
4.5 For all orders sent outside Australia, your order may take 2-3 weeks to arrive.
4.6 We only track registered post paid orders and if your order is delayed or does not arrive, please contact us at [email protected]
5. Customer Support & Complaints Policy
Kizmo will attempt to resolve any customer complaints and answer any questions within 2 business days of the first contact made by a customer by email to: [email protected]
6. Governing Terms
6.1 You agree that Terms, and any purchases made via the website, shall be governed solely by the laws applicable to New South Wales, Australia.
6.2 For the avoidance of doubt, you agree to the jurisdiction of the courts of New South Wales determine any dispute arising out of these Terms, your use of the website or your purchases of our products.
7. Disclaimer of Liabilities
7.1 Kizmo do not warrant, guarantee or make any representation that:
- the website is free of software viruses;
- the functions contained in any software contained on the website will operate uninterrupted or are error-free; and
- errors and defects in the website will be corrected.
7.2 Kizmo is not liable to you for:
- errors or omissions in the website;
- delays to, interruptions of or cessation of the website; and
- offensive or illegal conduct of any user of the website or our services, whether caused through our negligence, our employees or independent contractors, or through any other cause.
- You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the website.
- You agree to indemnify and hold harmless Kizmo and all its related parties, associates and authorised representatives from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with the use of the website or our services.
8. Intellectual Property
8.1 The brand names, slogans, trademarks, service marks, designs, and logos used on the website, including without limitation the Kizmo business name and logo, are the trademarks of Kizmo.
8.2 You further agree not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the trademarks without our prior written consent.
8.3 All information and materials published, transmitted, or otherwise available on the website or through the provision of our services are protected by copyright or trademarked (as applicable), and owned or controlled by Kizmo, its licensors, or affiliated companies.
8.4 You shall abide by all copyright and trademark notices, limitations, and restrictions applicable to Kizmo. Without limiting the foregoing, no content owned by us may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the website or the provision of our services in accordance with its intended use.
8.5 The software, hardware, and other technologies which Kizmo uses to deliver the services contain confidential and proprietary information, trade secrets, and other property rights belonging to Kizmo and its licensors, and all rights to the Kizmo technologies and all property rights related to its services shall remain exclusively with Kizmo and its applicable licensors.
9. Force Majeure
You agree not to hold us liable for any disruption of our service or failure to deliver our product for any reason beyond our control, including, but not limited to, natural disasters, war, insurrection, terrorism, riots, criminal acts, labour shortages, labour strikes (both lawful and unlawful), postal service or courier service disruption, infrastructure disruption, communication failure, material shortages, or any other circumstance that may be beyond our control.
10. Technical Difficulties
If you experience technical difficulties in relation to this website, please email [email protected]