terms & conditions
USE OF THE SITE
The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.
You agree that no joint venture, partnership, employment, or agency relationship exists between KS Australia and you as a result of this Agreement or your use of the Site.
Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of KS Australia.
USE OF INFORMATION SUBMITTED BY YOU
If you respond to KS Australia with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of KS Australia, and your submission of information shall constitute an assignment to KS Australia of all worldwide rights, titles and interests in such information. KS Australia will not be liable for any use or disclosure of such information. KS Australia will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. KS Australia will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
PRODUCT AND PRICING INFORMATION
The information on this Site does not constitute a binding offer to sell products described on the Site. KS Australia reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Subject to the foregoing, the prices displayed are quoted in Australian dollars and are effective only for Australia purchases. Although KS Australia has made every effort to display the products and their colors as accurately as possible, the DISPLAYED colors of the products will depend upon the monitor of the user and KS Australia cannot guarantee that the user's monitor will accurately portray the ACTUAL colors of the products. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
While KS Australia attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. KS Australia reserves the right to make corrections and changes to the Site at any time without notice. KS Australia does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.
KS Australia makes no warranties of any kind regarding any non-KS Australia websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and KS Australia makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-KS Australia sites.
- resupplying goods or services to you or supplying equivalent goods;
- repairing the goods; or
- paying to have the goods or services resupplied or goods repaired.
SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW OR ANY OTHER LAWS THAT CANNOT BE EXCLUDED BY VIRTUE OF AUSTRALIAN LEGISLATION, IN NO EVENT SHALL KS AUSTRALIA, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
GIFT CARD DISCLAIMER
KS Australia reserves the right to refuse to send or transmit gift cards, including e-gift cards that contain vulgar, obscene, abusive, profane or otherwise offensive language.
IN NO EVENT SHALL KS AUSTRALIA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
Access to and use of the Site is targeted at people who can form legally binding agreements under applicable law. Persons under the age of 18 accessing the Site should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Site, you will be solely responsible for: (i) the online conduct of the Minor; (ii) monitoring the access to and use of the Site by the Minor; and (iii) the consequences of any use of the Site by the Minor.
KS Australia may from time to time, make available to you offers and discounts in the form of a promotional code or special pricing. Such promotions are subject to terms and conditions communicated to you when the promotion is offered.
ENTIRE AGREEMENT AND ADMISSIBILITY