Terms & Conditions
Subject to satisfying the Eligibility Criteria, you may apply for a “user account” to access the Services provided via the Website (User Account). By applying for a User Account you warrant and represent that you satisfy the Eligibility Criteria. If at any time you cease to satisfy the Eligibility Criteria you must cease accessing and using the Services and kite.site may terminate your User Account. If kite.site, at its absolute discretion, grants you a User Account, your use of that account is subject to and conditional on your compliance with these Terms. If you choose, or you are provided with, a username, user identification code, password or any other piece of information as part of our security procedures (Security Information), you must treat such information as confidential. You must not disclose it to any third party. You are responsible for the safekeeping of the Security Information, and liable if your account is misused by an unauthorised person. We have the right to disable any of the Security Information, whether chosen by you or allocate by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows any of your Security Information, you must promptly notify us by emailing email@example.com. Notwithstanding any clause to the contrary, we reserve the right to refuse to set up a User Account or provide a Service to anyone for any reason at any time. Services This clause 5 only applies to the services, such as ability to upload information, documents and images, create lists, participate in group online chats, and offer items for sale and purchase items, in the User Account section of the Website (Services). The Services may not all be available at all times, availability is subject to and at the discretion of kite.site. You may be notified from time to time of additional terms and conditions that apply to a Service, such additional terms and conditions are in addition to those set out in this document, and the additional terms and conditions will form part of these Terms. Certain products or services may be available exclusively online through our website. These products or services may: (1) be subject to additional terms and conditions; (2) have limited quantities; and, (3) may be subject to a return policy (if applicable). We have made every effort to display as accurately as possible the colours and images of our products (kite.site Products) that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right to and may, in our sole discretion, limit, or cancel, the sale of a Service to any person, geographic region, jurisdiction or quantity. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Service that we offer. All descriptions or pricing of Services are subject to change at anytime without notice, in our sole discretion. We reserve the right to refuse any order you place with us for any Service (for any reason). The restrictions noted above may include orders placed by or under the same User 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. 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. Modifications to the Service and Prices Prices for the Services are subject to change without notice. Prior to purchasing any Service you will be notified of the price payable for that Service at that time. For the avoidance of doubt, the price for a Service will be the price as advised immediately prior to you placing your order for that Service, we may increase the price for that Service after you have placed your order but we will not increase the price you pay for the Services the subject of that order. We reserve the right at any time to modify or discontinue a Service (or any part or content thereof) without notice. Notwithstanding any other term to the contrary, if you have paid for a Service and it is discontinued during the “term” of that Service, we will provide you with at least 30 days’ notice of its modification or discontinuance and, if the Service is a “paid” service, we will refund you part (to take into account services that may have already been rendered) or all of the purchase price.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. Banking Merchant You acknowledge that payments are processed by a third party banking merchant (Banking Merchant) and agree that the Banking Merchant and kite.site may exchange information about you as is necessary for the purpose of this Agreement. You acknowledge that use of the Banking Merchant gateway is subject to the terms and conditions of use of the Banking Merchant. If you choose to save your credit/debit card details via the Banking Merchant’s gateway (which you are directed to from our website for the purposes of processing payment only), you acknowledge that your card details are saved at your risk and that kite.site is not liable for any loss you may suffer (including but not limited to any claim, liability, damage, judgement, award, loss, cost, expense, demand, or fee (including reasonable solicitors’ fees)) due to the storing of those card details. For the avoidance of doubt, kite.site does not store any card details, and if such details are collected for the purpose of providing a refund those card details are destroyed immediately after use. Accuracy of billing and account information You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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. User create, connect, communicate, discover and share If, at our request or without a request, you send certain specific submissions (for example contest entries) creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, or post in an online chat or forum (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. You agree that the comments made by you, and any uploaded images/documents that you or someone on your behalf provided in connection with the Website (Your Content) will not violate any rights or entitlements of any person, including copyright, trademark, privacy, personality or other personal or proprietary right, including intellectual property rights. You further agree that Your Content 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, the Website 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 Your Content and its accuracy. We take no responsibility and assume no liability for any of Your Content provided or made available by you or any third-party. In our absolute discretion, we may terminate your User Account immediately and without notice if you breach or are alleged to have breached a term of this Section 9. Without limitation, You acknowledge that any images and/or descriptions of products (other than kite.site Products) made available for sale and purchase on the Website are provided to kite.site by the manufacturers, distributors or seller of those products and, to the maximum extent permitted by law, kite.site cannot guarantee the accuracy of the image and/or description of the product for sale. Permission to use User Content In order for us to provide the Services you are required to upload Your Content and other information, documentation and/or images to the Website (User Content). You grant us the Licence to use, in any manner we see fit but subject to these Terms, the User Content for the purpose of providing the Services. Ownership of the User Content remains with you and does not transfer for any reason to us. For clarity you are free to share your content with anyone else, wherever you choose. When you share, post or upload content that is covered by intellectual property rights (such as photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence (Licence) to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of the User Content. Prohibited uses You may use the Website and the Content only for lawful purposes and in accordance with these Terms. You agree not to use the Website and the Content: in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
Third party websites The Website may contain links to other web sites (including banner advertisements and sponsored links) controlled by third parties and resources provided by third parties (Third Party Website and Resources), these links are provided for your information only. Such links should not be interpreted as approved by us of those linked websites or information you may obtain from them. kite.site is not responsible for any content on, or in, Third Party Website and Resources. If you choose to visit, or use, a Third Party Website and Resources you do so at your own risk and subject to the terms and conditions of use of the Third Part Website and Resources. You should make your own enquiries before relying on any content contained on, or in, a Third Party Website and Resources. kite.site makes no representations or warranties, whether express or implied, about the quality or accuracy of material available on, or in, a Third Party Website and Resources, or that such material does not infringe the intellectual property rights of a third party. Intellectual property kite.site is the owner or licensee of all intellectual property rights in the Website, and in the material published on it (including but not limited to all data, text, software, images, graphics, trademarks, logos, interfaces, photographs) (Content). The Website and the Content are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to the Website or Content posted on the Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the Website and Content must always be acknowledged. You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the Website or the Content in breach of these Terms, your right to use the Website and the Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features. You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from the Website. You warrant and represent to kite.site that you are the owner of, or have a licence to use, Your Content and any and all images/documents that you upload to the Website (User Images). You indemnify and keep harmless kite.site against any and all claims for loss, cost, liability or damage that kite.site may incur either directly or indirectly as a result of the use or publication of Your Content or of any uploaded image. Trade Marks The trade marks and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors (whether or not registered). You must not use such marks without our prior written permission unless they are part of material you are using as per clause 14.2. Other names, logos, product and service names, designs and slogans on the Website are the trade marks of their respective owners and are used by us under licence. Do not rely on information on the Website
The Website and the Content is provided on an “as is” and “as available” basis, and to the extent permitted by law we make no guarantee, representations or warranties, express or implied, regarding the operations or availability of the Website or the Content (including but not limited to uninterrupted, timely, secure, or error-free use). You acknowledge that any comments/information provided by kite.site in relation to any good, product or service that the User (by the Website or otherwise), including but not limited to value and disposal requirements (kite.site Guidance), is general information only, and to the extent permitted by law, kite.site makes no guarantee, representations, warranties, express or implies, regarding the accuracy and reliability of the kite.site Guidance. The Content and the kite.site Guidance 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 Content and/or the kite.site Guidance is at your own risk. The Website may contain certain historical information, which of its own nature, is not current and is provided for your reference only. We reserve the right to modify the Contents and the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website. Although we make reasonable efforts to update the Website and the Content, to the extent permitted by law we make no representations, warranties or guarantees, whether express or implied, that the Website, the Content or the kite.site Guidance is accurate, complete or up-to-date. All new, or updated, features or tools to the Website are subject to these Terms as soon as that new, or updated, feature or tool is available for access. Termination of use You may stop using the Website at any time for any reason. kite.site reserves the right in its absolute discretion to suspend or terminate at any time your access to the Website or your User Account without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities. kite.site may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website or the Content is in breach of these Terms, or is in breach of law or other regulation. kite.site reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief. Suspension or Withdrawal of Website The Website and the Content are made available free of charge. kite.site does not guarantee that the Website, or any Content, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them. Variation to the Term and Website kite.site may amend, vary or modify these Terms from time to time. It is your responsibility to review the Terms each and every time you wish to use the Website to ensure that you understand the Terms that apply at that time. Your continued use of or access of the Website or Services following the posting of any changes to these Terms constitutes acceptance of those changes. For the avoidance of doubt, kite.site will not notify you of these any amendments, variations or modifications to the Terms. kite.site may update and change the Website from time to time to reflect changes to our products, services, our users’ needs, changes in law and our business priorities. We will try to give you reasonable notice of any major changes. Limitation of liability To the extent permitted by law, kite.site, its associated entities (as that term is defined in the Corporations Act 2001 (Cth)), licensors, service providers and each of their respective officers, employees, contractors, agents, licensors, suppliers, successors and assigns (Affiliates) are not liable for damages of any kind, under any law, arising out of or in connection with your use, or inability to use, the Website, any website linked to it, the Content or such other websites content or any services or items obtained through the Website, including the kite.site Guidance, or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. kite.site and its Affiliates do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where kite.site and its Affiliates’ liability cannot be excluded, their liability is limit to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold kite.site and its Affiliates, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable solicitors’ fees) arising out of or relating to your breach of the Terms or your use of the Website, including, but not limited to your use of any information obtained from the Website and any use of the Content, services and products other than as expressly authorised in these Terms and the User Images. Governing law These Terms are governed by the laws of Western Australia in Australia, and any dispute in relation to these Terms or your access or use of the Website and the Content will be subject to the exclusive jurisdiction of the Courts of Western Australia. Miscellaneous If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force. Any failure by kite.site to act or enforce these Terms immediately will not be considered a waiver of kite.site’s right to take any such action. The headings used in this document are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Contact us If you have any questions or queries in relation to these Terms, please contact us by emailing firstname.lastname@example.org.