Terms & Conditions

Terms of use

Welcome to KIND-LY. Please take some time to read the following conditions applicable to the use and enjoyment of goods and services provided on KIND-LY’s website www.kind-ly.com.au (the “Site”). The following terms and conditions along with Site policies such as our Privacy Policy and other customer service policies, govern your use of the Site, your purchase of goods and services and constitute the entire agreement between you and Kindly Co Pty Ltd trading as KIND-LY. By browsing the Site or placing an order, you agree to be bound by the conditions listed below as amended from time to time. If there is any uncertainty regarding these terms and conditions please contact KIND-LY before the completion of any purchase.

Purpose of the site

The purpose of the Site is to provide you with information about us, our products and stores, the campaigns that we support and the activities we undertake. In addition, you may be able to purchase products and services through the Site.

 Product and service availability

All orders placed are an offer of purchase and are subject to acceptance by KIND-LY. If an order is not accepted a full refund will occur at the earliest possible convenience. KIND-LY reserves the right to refuse an offer for any reason. KIND-LY is a retail service for consumers, and reserves the right to refuse any orders that it reasonably believes are for the purposes of resale. Reference to any good or service on the Site does not constitute an offer to sell or supply that good or service and does not mean that the good or service is available. KIND-LY does not warrant or represent that the materials on our Site are appropriate or available for use outside Australia. We cannot guarantee that a good listed as in stock will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item that is in stock in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by e-mail or telephone that your order will not be filled and your credit card will not be charged.

Colours

We try to display the colours of our products as accurately as possible. Nevertheless, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Product Orders

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES AND CHARGES AS LISTED ON THE SITE ARE  CHARGED IN AUSTRALIAN DOLLARS (AUD). In the event a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price. Risk of damage to or loss of any product or service ordered by you from us transfers to you with effect from the time of delivery. Notwithstanding delivery and the passing of risk in a product or service, title in said product or service does not pass to you until we have received in cleared funds payment in full of the price of the products being purchased. KIND-LY is under no obligation to ship any goods ordered until payment for those goods has been received. In the event of the requested goods being unavailable KIND-LY may cancel the transaction and will refund in full the paid purchase price. All prices listed are inclusive of any applicable Australian Goods and Services Tax.

Purpose of goods

Upon purchase of goods, you agree to use the products only for their intended purpose. Any other use will result in you assuming responsibility for any loss or damage arising out of such unintended use.

Advice and information

The advice and information contained within this website is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While we make every effort to ensure that the information contained within this website is correct, we take no responsibility for any loss or damage arising from any reliance upon or use of this information. 

Ownership of materials on the site

All content on the Site, including text, icons and graphics are the property of KIND-LY or its licensors and suppliers and is protected by Australian and International intellectual property laws. No part or portion of the Site may be copied, sold or used in any manner for any commercial purpose without written consent. Without limitation of the foregoing, we own a copyright in the Site as a collective work and/or compilation, and in the selection, co-ordination and arrangement of the information and content in the Site. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use licence set out in our copyright notice or as permitted by the Copyright Act 1968 (Cth). Except as expressly provided in these Terms of Use and the copyright notice, we grant no rights to you under any patents, copyrights, trademarks, trade secrets or any other proprietary rights. You may not without our prior written permission use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not: engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.

User comments, feedback and other submissions

Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, testimonials, reviews, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, testimonials, reviews, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, testimonials. reviews, information or other material submitted is provided on the basis that KIND-LY has unrestricted, worldwide rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted information and materials have been waived.

Trademarks

All brand, product and service names used in the Site are the trademarks, trade names or service marks of KIND-LY unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or service marks, or use any meta tags or any other "hidden text" utilising any such trademarks, trade names or service marks, without the express prior written permission of KIND-LY or the owner of such trade marks, trade names or service marks.

Registration and security

If you wish to purchase any goods or use certain services on the Site, you may open an account with KIND-LY should our website allow,  and provide the required information to us. By entering any information on the Site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the Site or any portion thereof, and you agree not to allow any other entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. You agree that KIND-LY will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorised use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.

Modification of the site and services

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason at all. These terms and conditions are subject to change from time to time without notice. Past terms and conditions can be accessed on request by written notice to KIND-LY. Each order or transaction will be governed by the terms and conditions in force upon the date of that transaction.

External links

KIND-LY maintains links to other web sites but makes no representations as to the accuracy of the material published on such websites and is not responsible for the content and conduct of these sites.

Disclaimer of warranties and liability

The Site, and any content available on the Site, is provided or offered for sale or supply on an "as-is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to all warranties of merchant-ability, fitness for a particular purpose, title and non-infringement. You expressly agree that use of the Site is at your sole risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site. Neither we nor any of our business partners represent or warrant that the Site will be uninterrupted or error-free, that defects, if any, will be corrected, or that the Site is free of viruses or other harmful components; nor do we or they make any representations or warranties about the accuracy, reliability, currency, quality, performance or suitability of the Site or any content available on the Site. In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the Site. All products and services listed or purchased on or through the Site are subject only to any applicable express warranties. To the fullest extent permissible by applicable law, we disclaim all other warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, with respect to products and services listed or purchased on or through the Site. We disclaim any and all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misapplication. Notwithstanding anything to the contrary.

Limitation of liability

To the fullest extent permitted by law, the sole remedy for any claim for damages arising out of or related to any product or service listed or purchased on or through the Site shall be limited to a refund of the purchase price paid for such product or service. Under no circumstances shall we or any of our business partners, or any of our or their respective officers, directors, shareholders, employees, agents or representatives, or any other party involved in creating, producing, transmitting or distributing the Site or any product sold through the Site, or any part thereof, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including any loss of profit) arising from or in connection with the Site or any content, products or services made available or listed on it, whether for breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you. In the event the foregoing limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the transaction that gave rise to the claim.

Amendment of the terms

We reserve the right to amend these Terms & Conditions without notice to you from time to time. If we decide to change these Terms & Conditions we will post those changes here. We encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Site.

Privacy policy

We encourage you to read our Privacy Policy, which is incorporated by reference into these Terms & Conditions. By using the Site, you agree to the Privacy Policy.

Applicable law

These Terms & Conditions are governed by and will be construed in accordance with the laws of Australia and the State of Victoria. Any disputes arising under or in connection with these Terms & Conditions, or your access or use of the Site shall be subject to the exclusive jurisdiction of the State and federal courts located in the State of Victoria.