KWSA Website Terms of Use
This website www.kwsa.org.au (Website) is owned and operated by Scope (Aust) Ltd (ABN 63 004 280 871) (referred to as “we” or “us”).
By using or accessing this Website or the services provided through the Website, you agree to be bound by these Terms of Use (Terms). These Terms should also be read in conjunction with our Privacy Policy, which is available at: www.scopeaust.org.au/privacy-policy/.
We reserve the right to update these Terms at any time. Your continued use or access constitutes acceptance of any changes. A copy of the most up to date version of these Terms is available at www.kwsa.org.au/terms-conditions/.
1. Changes and removal of information
We reserve the right at any time to modify or discontinue the Website (or any part of, or content on, the Website) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.
2. Your use of the website
In using or accessing the Website, you must not:
- reproduce or distribute any of the material contained on the Website in any material form, unless expressly permitted by us or as authorised by law (for example, by educational institutions under the Copyright Act 1968 (Cth);
- upload or repost the material to any other Website, unless expressly permitted by us;
- modify or copy the layout of the Website or any computer software or code contained in the Website; or
- use our products, services or the Website for any illegal or unauthorised purposes, to violate any laws in your jurisdiction or for any obscene or immoral purpose.
3. Links to or from other websites
This Website may contain links to sites owned and operated by third parties and which are not under our control. In relation to the third-party sites which are linked to on the Website, you acknowledge that:
- we provide the links as a convenience to you;
- the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
- we are not responsible for the material contained on those linked sites, nor for examining or evaluation the content or accuracy of that material.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made about any third-party websites.
4. Accuracy, completeness and currency of information
We are not responsible if the contents, information, data and images made available on the Website (Content) are not accurate, complete or current. The Content is provided for general information purposes only and should not be relied upon or used as the professional advice, including legal, accounting, financial or investment advice. You must make your own enquiries and obtain your own professional advice appropriate to your own circumstances, before acting or relying on the Content. Any reliance on the Content on this Website is at your own risk.
We reserve the right to modify the Content at any time, but we have no obligation to update any information on our Website. To the full extent permitted by law we disclaim all warranties, express or implied, regarding:
- the accuracy, reliability, currency or otherwise of any Content contained or referred to on the Website and of any linked sites; and
- merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and on any linked sites.
We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of you:
- acting, or failing to act, on any Content contained on or referred to on the Website or any of the linked sites; and
- using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
We take reasonable steps to protect the security of our Website, servers and your personal information. However, we do not warrant guarantee or make any representation that:
- the Website, or the server that makes the site available on the Internet are free of software viruses;
- the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
- errors and defects in the Website will be corrected.
5. Sale of products and services
We reserve the right 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 our sole discretion. We reserve the right to discontinue any product or service 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.
We reserve the right to refuse any order you place with us. We may, in 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.
We are not required to provide a refund or replacement if you change your mind. But you can choose a refund or exchange if an item has a major problem. This is when the item:
- has a problem that would have stopped someone from buying the item if they had known about it
- is unsafe
- is significantly different from the sample or description
- doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
Alternatively, you can choose to keep the item and we will compensate you for any drop in value. If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.
All refunds and replacements of physical products require the return of the item prior to a refund being issued.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online 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.
To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
- if the breach of an implied warranty or condition relates to services, the supply of the services again or the payment of the cost of having the services supplied again;
- if the breach of an implied warranty or condition relates to goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, or the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
If you are a consumer as defined in the Australian Consumer Law, then following applies:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
6. Your privacy
The policies and processes regarding our collection, use and storage of personal information via this Website are set out in our Privacy Policy (www.scopeaust.org.au/privacy-policy/).
7. Intellectual property rights
All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
8. Termination of access
We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
9. Limitation of liability
To the maximum extent permitted by law, we:
- makes no warranty of any kind, express or implied, with regard to the Contents, including without limitation, any implied warranties of merchantability or fitness for purpose or that use of the Website or the Contents will be uninterrupted or error-free; and
- (including its directors, officers, employees and contractors) will not be liable for any loss or damage including without limitation, direct, indirect or consequential loss or damage arising out of or in any way connected with the use or performance of this Website, or for the Contents included on this Website, whether based in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of damages.
We accept no liability for any interference with or damage to a user’s computer system, software or data as a result of connecting with this Website, including without limitation, arising from viruses or other harmful codes.
We endeavour to ensure that the Website is operational but accepts no responsibility or liability for the Website being temporarily unavailable for any reason.
10. General
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, 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).
If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
These Terms will be governed by and interpreted in accordance with the law of Victoria, Australia without giving effect to any principles of conflicts of laws. You agree to the exclusive jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of these Terms.
