1. This Agreement
1.1 Accepting this Agreement
(a) By using the Website, you agree to:
(i) comply with and be bound by the terms and conditions of this Agreement.
(ii) pay the amounts in relation to the transactions you perform on this site.
(b) If you do not agree to these terms, you have no right to obtain information, make purchases or otherwise continue using the Website.
(c) These terms are binding on any use of the Website and apply from the time you first access it.
(d) It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.
(e) We may amend this Agreement at any time by posting with 14 days’ notice the new terms and conditions on the Website.
(f) Any terms of this Agreement at the time you conclude the purchase of products via this Website is the version which will apply to that transaction.
1.2 Contacting us
Please email us at firstname.lastname@example.org if you have any questions relating to these terms and conditions.
2. Use of the Website
2.1 Website not locally available
You acknowledge and agree that the Website will only be accessible using the Internet (or other connection to our third party servers), and will not be available "locally" from your own servers.
2.2 Parts of the Website controlled by third parties
You acknowledge and agree that the Website is operated from servers owned and controlled by a third party. As such, you acknowledge that certain functions are out of our control, including data storage and backup.
2.3 We can change the Website at Discretion
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove products from, redesign, improve or otherwise alter the Website at our sole and absolute discretion.
2.4 Unintentional inaccessibility
From time to time, without notice, access to all or part of the Website may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the Website as soon as practicable.
2.5 Intentional inaccessibility
We reserve the right to make some or all of the Website inaccessible from time to time as is required for upgrades, maintenance and updates.
(a) You acknowledge and agree that there may be technical or administrative errors in the information on the Website, including but not limited to errors with respect to product description, pricing and availability.
(b) We reserve the right to do any of the following, at our absolute discretion, without notice:
(i) correct any errors in the Website; or
(ii) update the Website.
2.7 Security Responsibilities
We will take reasonable steps to ensure that the Website is secure from unauthorised access consistent with generally accepted industry standards including SSL encryption when passing payment details to the payment gateway provider.
3. Making Purchases
3.1 Making orders
(a) Prices for products presented on this website are provided as an invitation to treat.
(b) The final price of the products you purchase is calculated at checkout and may include additional costs such as taxes, delivery charges and insurance.
(c) The price shown at the time you enter your payment details is the total price of the order notwithstanding the individual products purchased may have been presented on the Website at a lower price.
(d) By entering your payment details you are making an offer to us on the terms and conditions set out in this Agreement.
(e) We are under no obligation to accept an offer.
(f) Acceptance of your offer is deemed once we confirm your shipment with our fulfilment centers.
(g) If you identify an error in the order you may contact us and if your shipment has not been confirmed, we will wherever possible amend the order.
(a) In purchasing products from us, you agree to abide by the terms and conditions imposed by your financial institution (including buy now pay later providers) and pay the amounts in relation to the transactions you authorise on this Website.
(b) While we use only reputable payment gateway providers, we are not liable for any act or omission of the payment gateway provider you select at checkout.
(c) You are responsible for the payment of any goods and services, or value added taxes which are presented to you at the time of making an order.
(a) We endeavor to deliver the products you purchase within the time specified when you make an order. However, delays may occur in our delivery and fulfillment services from time to time.
(b) Should you encounter a delay in delivery you should contact us via the email address set out above before we can investigate the reason for the delay in delivery.
(c) We reserve the right to dispatch the products you purchase in more than one delivery.
(d) Upon delivery if the courier considers it unsafe to leave the package it will be delivered to the collection point nearest the shipping address on your order.
3.4 Products may not be available
You acknowledge the products advertised via the Website may be unique or available in low stock volumes. If we are unable to fulfil an order, we will contact you and reimburse you for the cost of that product.
3.5 Gift cards and discount codes
(a) From time to time and at our sole discretion we may make available to you the use of discount codes and redeemable gift cards.
(b) Discount codes and gift cards are redeemable when you place your order an on the conditions upon which those discount codes and gift cards were offered.
(a) Once a transaction is concluded the products may not be returned other than in accordance with:
(i) our refunds policy (available on our Website); or
(ii) Consumer Protection Laws.
(b) Any defects purportedly present in the product must be reported to us in writing within 7 days of the product being delivered.
5. Intellectual Property
5.1 Our intellectual property
We own or have a licence to use all the Intellectual Property Rights in the Website.
5.2 Undertakings regarding intellectual property
You warrant that you will not do any of the following, or permit any person over whom you have effective control to do so:
(a) copy or reproduce, or create an adaptation or translation of, all or part of the Website in any way, except to the extent that reproduction occurs automatically through the ordinary use of the Website;
(b) incorporate all or part of the Website in any other webpage, site, application or other digital or non-digital format;
(c) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Website on any medium; or
(d) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the Website or any documentation associated with them.
(a) You warrant you:
(i) are over the age of 18;
(ii) have the requisite authority to enter into this Agreement; and
(iii) have authority to use the payment method you select.
(b) We warrant the products are:
(i) free from material defects;
(ii) fit for their intended purpose;
(iii) of merchantable quality;
(iv) meet the description of the product as set out on the website; and
(v) delivered free of liens or encumbrances.
(c) We make no warranties or guarantees:
(i) the Website is of acceptable quality and fitness for a particular purpose;
(ii) regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
(d) Subject to the Non-Excludable Conditions, all other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded, and no guarantee, other than that expressly contained in this Agreement, applies to the product.
7.1 Exclusion of liability
Subject to the Non-Excludable Condition and to the maximum extent permissible by law, we exclude all other liability for any costs, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
(a) the Website being inaccessible for any reason;
(b) the use of the product for a purpose it was not intended to be used;
(c) incorrect or corrupt data, lost data, or any inputs or outputs of the Website;
(d) computer virus, trojan and other malware in connection with the Website;
(e) security vulnerabilities in the Website or any breach of security that results in unauthorised access to, or corruption of data;
(f) any negligent act performed by you connected with the Website or the product;
(g) any unauthorised activity in relation to the Website;
(h) your breach of this Agreement; or
(i) any act or omission by you, your personnel or any related body corporate under or in relation to this Agreement.
7.2 Limitation of liability
Where a Non-Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:
(a) in the case of goods:
(i) the re-supply of the goods or payment of the cost of the re-supply of the goods; or
(ii) the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
(b) in the case of services:
(i) the resupply of the services; or
(ii) the payment of the cost of having the services resupplied.
You indemnify us, including our directors, employees, contractors, agents, subsidiaries and related bodies corporate against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with this agreement or your use of the Website, including any costs arising from:
(a) your breach of this Agreement;
(b) you or any authorised user infringement of any third party Intellectual Property Rights while using the Website;
(c) any harm to, claim or action by a third party arising directly or indirectly from your use of the Website; or
(d) your breach of any privacy laws.
9. Dispute Resolution
(e) If a dispute arises between the parties in relation to this Agreement, either party may give the other party a written notice that they intend to arrange mediation.
(f) The parties must refer the dispute to an independent mediator within 21 days of the written notice.
(g) If the parties cannot agree on a suitable mediator, either party may contact the Queensland Law Society and request they provide a mediator.
(h) The costs of the mediation must be paid by the parties in equal shares.
9.2 Legal Proceedings
No party may commence court proceedings unless the dispute remains unresolved for 14 days from the date of the mediation anticipated in clause 9.1.
9.3 Dispute resolution not to apply to debts
The Dispute resolution procedure set out in this clause 9 will not apply in any instance where we seek to enforce a debt in connection with this Agreement.
We may end this Agreement immediately if in our reasonable opinion you are in breach of this Agreement.
11. General and interpretation
We may assign, encumber, declare a trust over or otherwise create an interest in our rights under this document without your consent, and may disclose to any potential holder of the right or interest any information relating to this document or any party to it.
The laws of Queensland, Australia govern this Agreement. The parties submit to the non‑exclusive jurisdiction of courts exercising jurisdiction there.
If the terms of this Agreement are inconsistent with any other document, policy or agreement between the parties, these terms prevail to the extent of the inconsistency.
(a) These terms contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these terms and has no further effect.
(b) Any provision of these terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of these terms.
11.5 Unforeseen Event
(a) The obligations of the parties under this Agreement are suspended to the extent that occurrences or conditions beyond its control, including but not limited to acts of terrorism, hacking, acts of God, war, strikes, civil disorder, disasters, earthquake, fire, flood, lockout, embargo, failure of suppliers, equipment failures or changes to government regulations (Unforeseen Event) which affects them, as long as the Unforeseen Event continues. However, if an Unforeseen Event continues for more than 40 Business Days, we may terminate this Agreement by notice in writing to the you of not less than 10 Business Days.
(b) The occurrence of an Unforeseen Event does not suspend your obligation to pay any money under this Agreement.
(c) A party claiming an Unforeseen Event must use their best endeavors to remove, overcome or minimise the effects of that Unforeseen Event as quickly as possible.
This Agreement may only be varied in writing by agreement between the parties.
12. Definitions and interpretation
Unless the terms and conditions of the Agreement explicitly state otherwise, expressions used in the Agreement have the following meanings:
Agreement means this document and any additional policies available on the Website.
Consumer Protection Laws mean the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and other consumer protections laws we are required to comply with.
Intellectual Property Right means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-Excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth) and other Consumer Protection Laws), which cannot by law be excluded.
Privacy Law means:
(a) the Privacy Act 1988 (Cth); and
(b) any code registered under the Privacy Act or Australian Privacy Principles.
You means a person or entity using the Website.
Us, we or our means PKU Pty Ltd ACN 624 700 483.
Website means the website located at https://kuku.com.au
Unless the terms and conditions of the Agreement explicitly state otherwise, the Agreement will be interpreted as follows: