TERMS & CONDITIONS
Please read these Terms and Conditions carefully before You use the Website/ App.
By using the Website / App, You indicate that they have, effective upon the date on which You have used the Website/ App, read, accepted and agreed to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, You should cease using the Website/ App immediately.
- Prices displayed on the Site or/and on the App in currencies other than Australian dollars are estimates only. You will be charged in Australian dollars.
- Dollar amounts specified in these T&Cs are in Australian dollars.
- Goods and services tax (GST) of 10% can be applied for orders which have to include GST and will be delivered to locations within Australia.
- GST will not apply to orders to be delivered to locations outside Australia.
- The prices displayed on the Site or/and on the App do not include any customs duties or taxes levied by jurisdictions outside Australia, clearance or handling charges, shipping, and any other fees and charges that may be incurred in connection with your order, which must be paid by you. If you require information about the duties and taxes in the jurisdiction in which you are located, you will need to contact the relevant authorities directly.
- To comply with Australian export requirements, we are required to declare the exact value of all items ordered and to mark them as dutiable merchandise. We are also prohibited by law from marking the order as a ‘gift’, even if the order is placed with the intention of it being delivered to a gift recipient.
- Pricing is subject to change without prior notice.
- Kelly’s does not offer retrospective price adjustments for an item purchased prior to a sale, deals, or promotional period, or purchased during a sale or promotional period but where the price of the item is subsequently reduced further.
- Kelly’s does not offer to match the price at which an item is available for purchase from other retailers.
1. All orders submitted through the Site or/and the App are subject to acceptance by Kelly’s.
2. Once you submit your order, you will receive an e-mail to confirm receipt of your order. This e-mail confirmation does not constitute an acceptance of the order or an offer to sell any item(s). Kelly’s reserves the right to:
a) refuse an order for any reason; and/or
b) correct inadvertent errors, omissions, or inaccuracies on the Site or the App in relation to price, item availability or item descriptions.
c) acceptance of all orders is subject to Kelly’s confirming availability and price for any item(s) ordered. If your order is rejected for any reason, you will be given a full refund for any amount paid for the order.
3. Kelly’s only accepts your offer and concludes the contract of sale for the item(s) ordered by you when we despatch the item(s) and send you an e-mail confirming that the item(s) have been despatched to your nominated shipping address.
4. Kelly’s may cancel your order (including orders accepted by Kelly’s) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or item description on the Site at the time of placing your order, or due to technical errors in processing your order. If we cancel your order for any reason, you will be given a full refund for any amount paid for the order.
3. USER ACCOUNT
If you sign up for a user account on the Site or/and the App (User Account), you:
- must keep your username and password confidential and secure; and
- accept all liability for any unauthorised use of your User Account, including any username or password.
When signing up for a user account, you must provide accurate, complete and up-to-date information as requested during the sign-up process. It is your responsibility to inform Kelly’ of any changes to that information. You may do this at any time by updating your details via your user account.
4. INTELLECTUAL PROPERTY RIGHTS
- All copyright in data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property on the Site (Content) is owned by, or licensed to, Kelly’s. Except for viewing the Content for your own personal non-commercial use or as otherwise agreed in writing, Kelly’s does not grant you any rights to use the Site, the App, or Content for any other purpose.
- All registered or unregistered trademarks used on the Site or/and the App belong to their respective owners.
5. USE OF THE SITE OR/AND THE APP
You must not:
- Access or attempt to access any part of the Site or/and the App which is not designated for access by your password (where applicable);
- Except as permitted under clause 4(a), by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Site, the App or any Content;
- Use the Site, the App or any Content in any way that is unlawful or breaches the rights of Kelly’s or any third party;
- Post, or transmit to the Site or/and the App any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
- Do anything that imposes an unreasonable or disproportionate workload on the Site, on the App or interferes or disrupts the Site, the App or any network or other website connected to the Site or/and to the App;
- Breach the security of the Site and/or the App, test or scan the vulnerability of the Site and/or the App, or make any unauthorised modifications to the Site and/or the App;
- Interfere with any other person’s use or enjoyment of the Site and/or the App;
- Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Site and/or, or to reproduce or separately store or use such content;
- Post or transmit any materials to the Site and which breach any laws relating to a person’s right to privacy or the export of personal data;
- Post or transmit any materials to the Site and on the App that are incorrect or misleading or
- Use the Site and the App in any way that otherwise breaches these T&Cs.
- Kelly’s may refuse you access to the Site or edit or delete material posted by you in contravention of these T&Cs.
- Kelly’s customers can use one specific promo code for one order:
- All promo, specials, deals, and discounts work for total carton prices without any fee and shipping prices;
- Kelly’s Distributors can change the period of promo, deals, offers, and discounts;
- All promo, deals, offers, and discounts can work for all Kelly’s sales channels, such as the website, APP or Rep’s work if it was mentioned in the promo description Or (and) only in one of the Sales Kelly’s channels.
6. THIRD-PARTY WEBSITE
- The Site may contain links to other websites controlled by third parties (Third Party Websites). Kelly’s is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third-Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third-Party Websites.
- Kelly’s makes no representations about the quality or accuracy of content available on Third Party Websites, or that such content does not infringe the intellectual property rights or other rights of a third party.
7. USE OF THE SITE
8. DISCLAIMERS AND LIMITATIONS
- While Kelly’s updates the Site or/and the App regularly, it makes no representation as to the accuracy, currency or completeness of any Content (including, but not limited to, images of items sold on the Site or/and on the App) or services on the Site or/and on the App. All Content and services are provided on the basis that you undertake the responsibility for assessing their accuracy and that you rely on the Content and services entirely at your own risk. You should seek independent advice before acting on any material or information contained on the Site or/and on the App, or any Third-Party Websites, and you must not provide any warranties to third parties in relation to the Content, the services or the performance of the Site.
- To the extent that you acquire goods or services from Kelly’s as a ‘consumer’ (as that term is defined in section 3 of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (ACL), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these T&Cs operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the ACL or any other statute where to do so would contravene that statute or cause any term of these T&Cs to be void (Non-excludable Obligations).
Subject to clause 8(2):
- all Content and services on the Site or/and on the App are provided on an ‘as is basis; and
- Kelly’s expressly excludes all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on Kelly’s; and
- Kelly’s does not warrant or guarantee in any way:
- the accuracy or completeness of any Content;
- that access to or operation of the Site will be uninterrupted or error-free;
- that any defects on the Site or/and on the App will be corrected immediately; or
- that the Site or/and the App will be free from viruses or other contamination.
- Kelly’s will not be liable to you for loss of profit or business revenue, reputation, goodwill, business or business contracts, use, anticipated savings, loss or corruption or destruction of data, loss arising from the transmission of viruses, or any indirect or consequential liability, loss or damage suffered by you (including any liability incurred to a third party) in connection with the Site, including as a result of any negligence of Kelly’s, and whether or not Kelly’s was advised in advance of the possibility of such liability, loss or damage.
You indemnify Kelly’s against all actions, claims, charges, costs (including legal costs on a full indemnity basis), expenses, losses, damages and other liability that Kelly’s may sustain or incur, directly or indirectly, as a result, or as a consequence of:
- your breach of these T&Cs;
- any negligent or fraudulent act, error or omission by you;
- your reliance on the Content or services on this Site or/and on the App; or
- the reliance of any third party to whom you disclose or otherwise make available any part of the Content.
10. SUSPENSION AND TERMINATION
- You may stop using the Site or/and the App anytime for any reason.
- Kelly’s reserves the right, in its sole discretion, to suspend or terminate your access to the Site or/and the App at any time without notice and for any (or no) reason, including, without limitation, due to:
- Upgrades or maintenance performed on the Website or/and the App; and
- Your breach of these T&Cs.
Any such suspension or termination will not affect either party’s rights or liabilities.
To the extent permitted by law:
- Kelly’s may disclose any information we may have about you in relation to an investigation or allegation that your use of the Site or/and the App is in breach of these T&Cs or any law; and
- Kelly’s reserves its right to identify or bring legal action against any person who is breaching these T&Cs, including obtaining injunctive relief.
If any provision of these T&Cs is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of these T&Cs, which will continue in full force and effect.
The invalidity, illegality, or unenforceability of any provision of these T&Cs will not constitute a failure of consideration.
Any failure by Kelly’s to act or enforce these T&Cs immediately will not be considered a waiver of Kelly’s right to take any such action.
These T&Cs are governed by the laws of the State of Queensland, Australia. By using the Site or/and the App, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia in relation to any dispute relating to the Site or/and the App.
You are responsible for your compliance with all laws and regulations applicable to your location.