Terms and Conditions
These Terms and Conditions apply to the services offered by KEASE International (“Company”).
(A) Customer means the party engaging the services of Kease.
(B) Kease/we/us/our means Kease Pty Ltd ABN 38 631 503 476.
(C) Terms means these terms and conditions of trade and terms and conditions of the use of the Website.
(D) Website means www.kease.com.au.
2. WEBSITE TERMS AND CONDITIONS OF USE
(i) The Website is provided by Kease.
(ii) In these Terms, an individual visitor to the Website is referred to as ‘you’ irrespective of whether the visitor becomes a Customer.
(iii) By proceeding to use the Website, you agree to be bound by these Terms, in their current form and as they may be amended by us from time to time. If you do not accept these Terms, you must discontinue your use of the Website immediately.
(iv) These Terms are governed by the laws of Australia and the Australian courts have exclusive jurisdiction in any dispute arising out of or in connection with your use of the Website.
(v) If you have any queries or complaints regarding the Website or these Terms, please contact us at firstname.lastname@example.org.
(B) CHANGES TO THESE TERMS AND THE WEBSITE
(ii) We may update the Website from time to time and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
(C) INFORMATION PUBLISHED ON THE WEBSITE
(i) We take reasonable precautions to ensure that information published on the Website is accurate, but we do not guarantee its accuracy. You should take appropriate steps to verify information displayed on the Website before relying on it. Downloading material from the Website is done at your own risk and any materials provided via the Website are provided on an “as is” basis.
(D) ONLINE STORE
(i) Any statements made about the use of the products or literature sold by Kease are made generally and may not be applicable to all circumstances. The limitation of liability provided with the services of Kease in these Terms applies to the content of its Sleep Products.
(ii) Kease may alter the contents of any literature or products sold on its Website without notice. The Customer acknowledges that they are purchasing the literature at a point in time, and the contents will only be updated as the sole discretion of Kease.
(iii) In purchasing literature or products from Kease, the Customer agreed that they shall not duplicate the contents or otherwise modify of the literature or product in the same or any other format save for that required for their own personal enjoyment of the contents therein. The reservation of rights in relation to copyright and intellectual property provided in these Terms applies to the content in any literature.
(iv) Given the nature of the literature and products sold on the Website, no refunds shall be offered, subject to the application of the Australian Consumer Law.
(v) The Customer may require certain software to be installed on their device in order to properly open the literature. The Customer warrants that they have installed this software and have considered the terms and conditions of use of the software provider. Kease accepts no liability for any damage suffered in the use of the third-party software required to open the literature and extends any waiver of liability in relation to the use of third-party products in these Terms to this condition.
(vi) Kease may provide the literature to the Customer in an electronic format within one (1) business day of receiving payment for the literature in full.
(vii) If a product sold is faulty, we will either refund you or, provide you with an identical replacement should that product be available. Prior to providing a refund or exchange, under Australian Consumer Law, Kease is entitled to take into account how much time has passed since the Customer purchased the product, considering the following factors:
- The type of product;
- How the Customer is likely to have used the product;
- The length of time for which it is reasonable for the product to be used; and
- The amount of use the product could reasonably be expected to tolerate before the failure becomes noticeable.
(viii) If the product is faulty, Kease will be liable for any associated shipping costs.
(ix) Please contact us at email@example.com in relation to enquires about our refund policy.
(x) Kease delivers products Australia wide and internationally. Deliveries outside the free shipping price range are charged at the market rate. International Customers are liable for payment of any taxes or customs when the products arrive in their country.
(xi) Unless expressly stated or arranged separately between Kease and the Customer, we will use its discretion in utilising a variety of delivery methods to transport product to Customers once sold.
(xii) Whilst every effort is made to ensure delivery occurs within the prearranged time schedule, some delay may occur beyond the control of Kease. For this reason, we do not guarantee delivery dates and a late delivery does not constitute a breach of this agreement.
(xiii) Subject to Australian Consumer Law, Kease is not obliged to offer a refund or discount in the event that courier or postage service provider loses or otherwise damages the product. If the Customer would like to insure against damage incurred during the delivery process, that is a matter for the Customer and such costs will not be borne by us. This also applies to parcels where the customer has entered their postage details incorrectly.
(E) SECURITY FOR ONLINE TRANSACTIONS
(i) Any online transactions completed with Kease are completed using SSL technology, which provides high level encryption for online transactions.
(ii) The Customer’s credit card information is taken by us for the purposes of making a credit card transaction to purchase a package or service. This information is retained by third party providers including, but not necessarily limited to, Stripe. We do not retain your financial information.
(iii) Any online payment is transacted via third party providers and subject to the terms and conditions imposed by those providers. Kease encourages customers to consider the terms and conditions of these providers before electing that particular payment method.
(i) We do not guarantee that the Website will be secure or free from bugs or viruses.
(ii) You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
(iii) You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and the Criminal Code Act 1995 (Cth). We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
(i) We provide the Website without warranty of any kind. We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
(ii) Nothing in these Terms excludes or limits our liability regarding subject matter or a cause of action that cannot be excluded or limited by Australian law.
(iii) We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site. If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation. We will not be liable for any indirect or consequential loss or damage.
(iv) We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
(v) We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(vi) We do not guarantee that the Website will always be available or be uninterrupted and reserve the right to suspend access to the Website without notice.
(H) INTELLECTUAL PROPERTY RIGHTS
(i) We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these Terms operates to transfer, assign or grant any of those rights to you. You must not reproduce or use literature, content, images, trademarks or names displayed on the Website other than for your personal use without written permission of the owner.
(ii) Unless specifically prohibited by a notice published on any page, you may make a print copy of any parts of the Website or the material on the Website that you require for your own personal use, provided that in doing so you do not remove or alter any trade mark, copyright or other proprietary notices contained in that part of the Website. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors, if any.
(I) THIRD PARTY WEBSITES
(i) We assume no responsibility for the content of any websites linked on our Website or websites from which you have accessed our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(J) DATA AND PRIVACY