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Terms & Conditions

TERMS AND CONDITIONS OF SALE

 

OVERVIEW

This website is operated by Kus Culture® (ABN 55 929 515 826). Throughout the Site, the terms “we”, “us” “our” refer to Kus Culture®. Kus Culture® offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the following Terms and Conditions (“terms & conditions”, “terms”), including those additional Terms and Conditions and Policies referenced herein and/or available by hyperlink. These terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. If these terms are considered an offer, acceptance is expressly limited to these terms.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our online store is hosted on Shopify Inc.

They provide us with the online e-commerce platform that allows us to sell our products to you.

Information provided on our website is not professional advice and is for the purpose of general knowledge only.

These Terms & Conditions and Your use of our website are governed by the laws of Queensland.

We reserve the right to vary these Terms and Conditions from time to time. Such variations will become effective immediately upon publishing the new Terms and Conditions on the website. By continuing to access or use the website You will be deemed to accept all such variations.

kusculture.com website is copyright ©2017-2022 All rights reserved. 

 

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”, “terms”). The use of our website constitutes your agreement to comply with, and be bound by, these Terms and Conditions and your consent to the Privacy Policy (“Privacy Policy”).

We may update these Terms and Conditions 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.

 

ONLINE STORE TERMS

By agreeing to these terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of your services. 

Orders may be made on our website by consumers purchasing goods other than for resale.

The resale or distribution of our products purchased on kusculture.com website is prohibited.

 

GENERAL CONDITIONS

Kus Culture® reserves the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.  

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Kus Culture® is not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the service.

 

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear online, but we cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

ERRORS, INACCURACIES AND OMMISSIONS

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

 

PRODUCT AVAILABILITY

The offer of products and prices are valid as at the date they are displayed on the website but are subject to availability. Instructions concerning the availability of the products will be given at the time of order. In some circumstances errors as to the availability of products may arise especially in case of simultaneous orders of the same product by several customers. In the event that a product is not available after the placement of an order, you will be informed of its unavailability by email, and another product shown on the website may be suggested as a substitute or you may wish to wait for your orders availability or cancel your order.

If you choose to cancel your order, you will be promptly refunded the purchase price via payment method used.

We accept no liability for any claims or damages whatsoever, in the event of stock outage or unavailability of products.

We reserve the right to change at any time, and without any previous notice, the products displayed on the website.

 

THIRD PARTY LINKS & TOOLS 

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.

For further details refer to our Privacy Policy

 

SECURITY AND PERSONAL INFORMATION

The Kus Culture® Privacy Policy governs the use of any personal information that you agree to provide to us.

For full details refer to our Privacy Policy.

 

USER PARTICIPATION: COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

PLEASE READ: USER PARTICIPATION

 

Users of Kus Culture® platforms may at various times submit, post, upload, display, distribute, transmit, publish or provide to us (whether through our website or another third party site, software, application or other means) (“Submit”) ratings, reviews, questions, comments, information, photographs, ideas, know-how, techniques, suggestions, text, photographs, images, audio clips, video clips and other content or materials (excluding credit card information), deemed “User Participation”.
All such User Participation you submit are and will be treated as non-confidential and non-proprietary. By submitting any User Participation, you grant us the royalty-free, worldwide, perpetual, irrevocable and transferable license (including a full waiver of any moral rights) to use, copy, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, edit, reverse-engineer, disassemble, decompile, delete in its entirety and create derivative works from (by any means and any form) such User Participation, for any reason (including marketing and promotions) and across any channel (including emails, social media and the website). This license will survive the termination of these Terms and your use of the platforms.

You represent and warrant that you own or otherwise control all the rights to any User Participation that you submit and that use of your User Participation by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any User Participation.

You are solely responsible for the content, accuracy, and lawfulness of any User Participation that you submit. You shall not submit any User Participation that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, offensive or could give rise to any civil or criminal liability under any applicable law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or (d) does not comply with any relevant consumer or advertising law, including in relation to disclosure of incentives in exchange for providing the User Participation.

We do not guarantee the content, accuracy or lawfulness of any User Participation. Where a User Participation violates these Terms or other relevant terms, we may (but shall not be obligated to) remove or edit the User Participation. In some circumstances, we will have no control over the removal or editing of the User Participation, for example where it is submitted through a third party application, site, software or other means.

Under no circumstances will we be responsible or liable to you or any third party in any way for any User Participation.

We have the right to fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone submitting a User Participation and you waive and hold us harmless from and against any claim in connection with such disclosure.

You warrant and represent to us that you have all necessary rights, power, and authority to agree to these terms and perform your obligations hereunder, and nothing contained in this agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of User Participation shall be subject to this agreement unless explicitly stated otherwise in writing. We reserve the right to change this agreement from time to time. Any updates to this agreement shall be communicated to you. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes. By continuing to participate after any such changes, you accept this agreement, as modified.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. we reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

 

INTELLECTUAL PROPERTY

All material on the website (including but not limited to Our Brands, all trademarks, drawings, designs, illustrations, photographs, soundtracks, written text and logos) is the exclusive property of Kus Culture®. 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 ‘Kus Culture®’ trademark and all other Kus Culture® related 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 Kus Culture®. 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 Kus Culture®. 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.

 

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 Kus Culture® 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, for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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.

In no case shall Kus Culture®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kus Culture® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.

These terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).  

Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.

 

APPLICABLE LAW

These Terms and Conditions and any separate agreements whereby we provide you service, shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. By using this site, you submit to the jurisdiction of the courts of Queensland and Australia and agree that any legal action will only be commenced in these forums.
If you access the website from outside Australia, you do so on your own responsibility and are responsible for ensuring compliancy with all the laws in the place where you are located.

 

ORDERING ONLINE

At the end of the ordering process, you are invited to click on the ‘Check Out’ button, which will confirm your order. 

Please be mindful that if you have an active discount code it needs to be entered and applied correctly to your cart.

Discount codes are not transferable or redeemable for cash or credit. Only one discount code is permitted per order. If a code is applied incorrectly, Kus Culture® will not refund the discounted amount once an order has processed. Kus Culture® will also not be held responsible for a customer failing to input a discount code during any online order/and or promotion, no refund will be offered after the fact if this is the case.

Discount codes will not be valid after the expiry date/ time and are stipulated as per terms and conditions of each discount code / sale.

Once your order has been transmitted to us, you will receive, by return email, an order confirmation.

The data registered by our website in respect of an order will be conclusive proof of the whole of the transactions conducted between us and you. In the event of a dispute between us about an order made on the website, the data registered by our website will be conclusive proof of the details of the transaction. If you do not receive a confirmation email within 24 hours of placing your order, please contact info@kusculture.com.

When your order has been dispatched, you will receive another email with your tracking number to follow your delivery.

 

Please see “Shipping & Returns” for further delivery details.

  

GIFT CARDS

  • At the checkout, choose whether you would like the gift voucher code sent to you or the recipient. Gift vouchers will be emailed to the provided email address. If you can’t find your voucher, please check your spam/junk mailbox.
  • Please allow 1 business day for your voucher to be emailed.
  • All gift vouchers are valid for a period of 3 years (36 months) from the date of purchase and cannot not be extended.
  • All gift vouchers are non-refundable. Treat your gift voucher like cash, as we are unable to refund or replace vouchers if lost.
  • When it comes time for the recipient to use their voucher, they must simply choose the product they want then add the voucher code in the checkout.
  • If they don’t use the whole voucher, the remaining amount can be used for another purchase.
  • If the total amount of their order is greater than the amount of the voucher, they will be required to pay the remaining amount via one of our online payment methods.

 

PROMOTIONS

We may, from time to time, run promotions where certain products, or a combination of products, are offered for sale at a discounted price or free of charge. All such promotional items are subject to availability while stocks last and are not valid for refund when received by you free of charge, or where the discount, if applicable, was 20% or greater. Any products purchased outside of the advertised time frame set out by Kus Culture® will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on Kus Culture® platforms.  

At this current time, our giveaways and promotions will only be valid for Australian and New Zealand residents.

For current promotions refer to our Promotions, Giveaways & Sale T&C’s page

 

PAYMENT AND PRICING

All prices of our products are indicated in Australian Dollars $AUD, inclusive of GST and excluding delivery costs.

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 accept payment by PAYPAL, Apple Pay, Google Pay, Shop Pay, After Pay, JCB or Credit card (Amex, Visa, Mastercard).

All orders are payable in Australian Dollars $AUD.

Your nominated payment method will only be processed when your order is dispatched.

Your order will be dispatched once we have verified your payment method and received authorisation to process your payment.

If any of the products in your order are unavailable, we will only charge you the prices, taxes, and delivery costs for the products available.

 

CONTACT INFORMATION

Questions about these Terms and Conditions can be sent to info@kusculture.com.

Or by mail to PO Box 703, Edge Hill QLD 4870.

 

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