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Terms and Conditions of Use
Welcome to the Kim Kat Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by the terms (the "Agreement"). Kim Kat recommends that children use the internet under adult supervision.
We may change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to our Site from time to time.
Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Kim Kat Website located at www.kimkat.com.au (the “Website”) and all associated Websites linked to the Website.
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, THEN KIM KATASKS YOU DO NOT USE THE WEBSITE.
Content
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Kim Kat collectively. The Site as a whole is protected by copyright. The Contents of our site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of our Site.
Your Use of the Website
While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Kim Kat reserves its right to bar individuals thought to be conducting such activity.
You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Kim Kat server, or to any other services offered on or through the Website by hacking or any other illegitimate means.
You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You may not trace or seek to trace any information of any user or customer of Kim Kat, including any Kim Kat account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or Kim Kat’s systems or networks, or any systems or networks connected to the Website or to Kim Kat.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Kim Kat on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kim Kat or others.
User Comments, Feedback, and other Submissions
We welcome your feedback on the Site. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Kim Kat on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Kim Kat's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Kim Kat of all worldwide rights, title and interests in all copyrights and other intellectual property in the Comments. Kim Kat will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Kim Kat is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any user Comments. You represent that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further represent that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Website and E-mail
We fully understand that when shoppers visit our website they may not wish to sign on as a member. We obviously respect this and leave membership fully optional, and have built the site to make it as easy as possible to be removed from any mailing lists on request.
We do not send any unsolicited emails and every email sent provides an opportunity to be removed from further emailing.
Delivery (within Australia)
Standard Delivery - We endeavour to deliver all orders within 7 working days of receipt.
Express Delivery - Orders will be delivered within 3 working days from receipt.
Standard Delivery $5.00
Express Delivery $10.00
Lost parcels
We must be informed of parcels not arriving as soon as possible, for Australia it must be within 14 working days. For international destinations we must be informed within 30 working days, failure to do this can affect our ability to trace the parcel and issue any refund due.
Returns & Exchanges
Returns and exchanges of current season online purchases can be made via mail or at one of our consultants within 14 days. Items purchased under our sale icon can only be replaced by returning to our mail order department.
RETURN VIA MAIL Just complete our Returns/Order Form (available online). Replacement orders and refunds will be despatched promptly.
Returns Address:
Kim Kat Clothing, 7 Orange Grove Camberwell VIC AUSTRALIA 3124
Order
To order on-line simply select your desired clothing collection from the icons appearing at the top of the screen - baby patch, kids patch, maternity and urban angel. Clothing for this range will appear as small images on the left hand side of your screen. Simply click on the desired image to view a larger version of that image and get detailed information relating to that image. If you would like to purchase an item just add it to your shopping list.
Alternatively, if you are shopping from our latest catalogue, use the Catalogue Quick Shop facility to add items to your online shopping bag. Simply enter the desired style number and letter and click go.
When you have all you need in your shopping bag, start the checkout process by clicking on the "checkout" or "go to checkout" button.
How do I change any info that I supplied when I registered with you?
It is easy! Just sign-in using your email address and password that you registered with. The registration page then appears with the information you supplied. At this time you can edit anything, including your email address. Don't forget to click on Update Details.
I get an error saying that my email address and password don't match
If you are sure you have entered your password correctly remember this field is case sensitive, then we will need to reset your password for you. Please email us by clicking on Contact Us at top of page. Enter RESET PASSWORD as the subject.
We will reply by email once this has been completed.
Order Confirmation
After submitting your order you will receive an email containing an order number, an estimated delivery date, order details, and contact details. Should it be necessary a customer care operator will contact you, for instance if an item you selected were unavailable.
Product Availability & Pricing
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Kim Kat shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Kim Kat shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kim Kat shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Product Display
We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any colour or texture or detail of actual merchandise will be accurate.
Care Instructions
Our pure cotton-knit garments are sized to allow for shrinkage - the fit should be comfortable allowing for growth. Expect cotton-knit garments to shrink approximately 5-8% in the first wash. Woven garments eg. jeans, dungarees, shirts, and most dresses will only shrink a couple of centimetres. Remember to wash dark colours separately! Hang out immediately, out of direct sunlight. (Do not leave coloured garments together when wet.)
Gift Vouchers
Let someone special choose just the right gift with a Kim Kat gift voucher. Please note that currently Gift Vouchers can only be purchased and redeemed within Australia. They are not redeemable for cash and are valid for 12 months.
Limits on Purchases
We do not authorise the purchase of our merchandise for resale purposes. To enforce this policy, we reserve the right to limit purchases to five (5) items per style, per colour, per customer and/or address (excluding "stock accessories"), regardless of size of the merchandise. Stock accessories include all hair accessories, jewellery, basic socks, sunglasses, basic tights and underwear; stock accessories do not include fashion tights, fashion socks and handbags. We also reserve the right to cancel multiple orders of merchandise purchased in violation of this policy. We may modify this policy at any time for any reason and we may make exceptions to this policy, as we deem appropriate.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Links to Other Web Sites and Services
To the extent that this Site contains links to outside services and resources, the availability and content of which Kim Kat does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Kim Kat makes no representation or warranty that any web site links contain suitable, appropriate materials.
Disclaimer
KIM KAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KIM KAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, KIM KAT DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM KIM KAT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIM KAT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST KIM KAT FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to, but is not limited to, any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Kim Kat reserves the right to do the following, at any time, without notice:
1. Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
2. Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
3. To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Indemnity
You must indemnify and hold harmless Kim Kat or its employee’s contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
a) any breach by you of these Terms; or
b) reliance by you on any information obtained through the Kim Kat Website.
Applicable Law
The Website (excluding any linked third party Websites) is controlled by Kim Kat. By accessing this Website, you accept that any disputes about this Website or the Content are to be determined by the Courts having jurisdiction in Australia in accordance with the laws in force in Australia (subject to the application of any principal of conflict of laws inconsistent with this requirement).
Although this Website can be accessed throughout Australia and overseas, Kim Kat does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
Termination
Kim Kat may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Kim Kat's sole discretion you fail to comply with any term or provision of this Agreement.
This Document Comprises our Privacy Policy
Kim Kat understands that you care how your personal information is used and shared. Whilst we appreciate you trust we will do so carefully and sensibly, Kim Katis also obliged to comply with the requirements of the Federal Government’s National Privacy Policy, in accordance with the Privacy Act 1988 (“the Act”).
This Privacy Policy incorporates information on how Kim Katcollects, uses, discloses and keeps secure your personal information.
1. Kim Kat is proud of our on-going commitment to responsibly manage and treat with the utmost respect and confidentiality any individual information collected during the course of our dealings with our customers. We value the trust our customers have placed in us in providing any personal information, and limit the collection and use to maintain a superior level of service to our customers.
Purpose of this Policy
This policy outlines:
- what personal information we collect and how it is collected during the course of running our business;
- what we do with any personal information received; and,
- how we ensure that this information is treated in accordance with the requirements of the Privacy Act.
Information Collected
At all times there is no obligation for our customers to provide us with personal information – unless it is a necessary requirement to fulfil an order or to provide another customer service function. Customer delivery and contact details are stored and purchase history details may also be collected.
This information may be collected at our retail stores; when placing an order with our customer service department; or, from our website. Information may also be collected when contacting our head office.
Use of Information Collected
All information Kim Kat collects through the course of normal business dealings remains confidential.
Kim Kat does not disclose personal information to any other organisations – unless the owner of that information has given their consent.
We only use the information for processing orders or for internal marketing purposes – which may include:
- fulfilment of orders;
- statistical analysis of customer shopping habits, interests, and preferences;
- analysis of relevance of our special offers and promotions and sending information about these promotions and products including sending information by e-mail providing the customers consent has been given for this service.
Security of Information Collected
Kim Kat takes all reasonable precautions to ensure that any personal information received is kept confidential.
For sending information and for delivery of orders placed through our customer service centre or via our websites, it is necessary to disclose some personal information to third parties such as delivery contractors.
Kim Kat takes appropriate steps, however, to ensure our suppliers and contractors only use the information provided to them for the relevant purpose and ensures that all contracts with third parties include a clause that any personal information is only to be used for the intended purpose.
No personal information will be disclosed to any other third party without your consent.
Consent
Customers who do not wish to have their personal information used for marketing by Kim Kat are most welcome to indicate their desire at the time of purchase, in correspondence, at interview or any other point of contact with a representative of our company.
Access to personal information
Customers may request details of their personal information by sending a signed written request to info@kimkat.com.au (To verify that the personal information requested belongs to the customer it is necessary that the request be in writing and signed).
Kim Kat will endeavour to respond within fourteen (14) days provided the information requested meets the requirements under the Privacy Act, and we can verify the individual. If, in the unlikely instance, the request does not meet the requirements the customer will be advised accordingly.
Any personal information provided may be corrected or brought up to date at any time.
For privacy and accuracy reasons Kim Kat relies on the customer to provide any changes or updates to individual information.
Information Security
Any personal information held on the Kim Kat computer network has stringent security measures to protect it from unauthorised third party access and there are levels of security in place to ensure information of a sensitive nature is only accessible by authorised staff members.
Cookies
The Kim Kat website uses “cookies” which are small amounts of information stored on the user’s computer by our web site server.
These “cookies” identify the user’s browser but they do not identify the user personally and no sensitive information is stored within the Kim Kat website “cookies”. While “cookies” can be disabled by the user by going to the preferences or options menus in their browser, we recommend that you don’t disable “cookies” to allow for a better and faster experience at Kim Kat Online.
Our websites use SSL (Secure Sockets Layer) technology, with credit card details and other information scrambled (encrypted) to minimise possible misuse by third parties.
A padlock/key is displayed on the lower right hand corner of the user's screen when the SSL technology is in action - indicating a secure site. By "double-clicking" on the padlock it is possible to confirm our certificate of authenticity.
We do not encourage (and in fact advise against) sending any sensitive information by email, as information sent by email is not encrypted and therefore not a secure mode of transmission.
Changes to Policy
It may be necessary for us to make alterations to this policy from time to time to address any changes in legislation and to continue to responsibly manage and protect personal information.
Feedback
We welcome feedback on this policy – or on any matters relating to Kim Kat. If you have any comments, suggestions, or questions, please contact us at any time by sending an email to info@kimkat.com.au. |
