TERMS OF USE

1. TERMS

(1) Welcome to KAPOWDER (the ‘Website’). This Terms of Use apply to all orders placed by the products once accepted by us and govern your use of the Website.

(2) Your use of the Website is also governed by our Privacy Policy. By placing an order or using this Website you accept this Privacy Policy and the Terms of Use.

(3) You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(4) You represent that you are the age of majority in the jurisdiction in which you reside or are not a person barred from accessing this Website under the laws of Australia or other applicable jurisdiction.

(5) We may amend or update this Terms of Use from time to time. Any changes will be effective from the date of publication on our Website.

2. YOUR USE OF THE WEBSITE

(1) All content on this Website or made available through this Website is our property or the property of third parties.

(2) You may use the content only for legitimate and non-commercial purposes. Except as permitted by this Website, you may not publish, reproduce, modify, transmit, download distribute or otherwise commercially exploit or communicate to the public any of the content or on this Website whether in hardcopy form, electronic form or any other form.

(3) You may not use the content on this Website in a manner that suggests an association with any of our products, services or brands.

(4) You shall not post or transmit on or through the Website any material that is unlawful or threatening, abusive, defamatory, invasive or privacy rights, vulgar, obscene or profane or any material that contains advertising or any solicitation with respect to products or services.

(5) The content on this Website is provided in good faith and updated regularly but we do not make any representations as to its accuracy and cannot guarantee the completeness and correctness of all the information displayed.

(6) We make every effort to ensure the Website is free from malicious or unwanted software but we make no representation that the Website is free from any disabling features. We cannot accept responsibility for any damage or otherwise to your data or computer system which may occur whilst using or accessing content derived from the Website.

(7) The supply and delivery from any third party advertisers or merchants on this Website is at your sole risk including in relation to any advertising or marketing promotions made by these suppliers.

(8) We are not responsible or liable for any opinions, advice, statements, services, offers, or other information or content expressed or made available on this Website.

3. PRICE

All prices are in Australian dollars.

4. YOUR ACCOUNT

(1) You are responsible for maintaining the confidentiality of your account and password if any and you agree to accept responsibility for all activities that occur under your account or password.

(2) You agree that by not complying with these Terms of Use that we can immediately without notice and without liability to you terminate your access or any part of it and your user account if any.

5. PRODUCT DESCRIPTIONS

We do not warrant that any product description is accurate, complete, reliable, current or erroneous-free. If a product offered by us is not as described, your sole remedy is to return it to us in unused condition.

6. RETURNS

We do not accept any returns unless the products are delivered or transmitted back to us within 30 days of dispatch. At our discretion, our liability is limited to replacing the products or a refund may be issued.

7. RISK

All risk for and title to the products passes to you or any person acting on behalf of you on physical or electronic delivery of the products.

8. INTELLECTUAL PROPERTY

We respect the intellectual property rights of others and ask that you do the same. The copyright or trade marks for this Website is our property or licensed by us and is protected by Australian and international intellectual property laws. You may not use the Website to infringe any intellectual property or moral rights or use the

Website to cause unlawful distribution of copyrighted content. Except as specifically allowed on this Website, you may not use, copy, reproduce, download, post, modify, adapt, distribute, transmit or communicate to the public or otherwise use any content on this Website without our prior written consent or the owner of the relevant intellectual property rights.

9. DISCLAIMER

(1) The use of the Website and any content, products or services made available on the Website is at your sole risk and is provided on an “as is” basis. We make no representations or warranties of any kind whether express or implied. Neither us, our affiliates, or any of their employees, agents, third party content providers or licensors warrant that any content on this Website will be accurate.

(2) Without limitation we do not warrant, do not make any representation that and disclaim any and all liability for:

(a) warranties of any kind whether express or implied including but not limited to

(b) any functions contained in any content on the Website or your access to the merchantability and fitness for a particular purpose; Website will uninterrupted or error free, that any defects will be corrected or that the Website or server which stores and transmits material to you is free of viruses or other harmful components; and correctness, accuracy, completeness, reliability or otherwise.

(c) regarding access to or the results of access to the Website including its

(3) Any product on this Website are designed to give information and inspiration to our readers. It is not intended to replace medical advice or be a substitute for a physician or diagnosis for any health problem. The reader should regularly consult a physician in relation to any medical conditions. No warranties or guarantees are express or implied in the content of the information provided.

(4) The authors and the publisher expressly disclaim responsibility for any adverse effects arising from following the advice given in any product on this Website without appropriate medical supervision. You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this Website and any information or material available from it. To the maximum permitted by the law, the authors exclude all liability to any person arising directly or indirectly from using this eBook and any information or material available from the Website.

10. LIMITATION OF LIABILITY

(1) We shall have no liability to you for any failure to deliver any goods or services you have ordered or any delay in doing so or for any damage or defect that is caused by an event or circumstances beyond our reasonable control.

(2) We shall have no liability to you for any consequential loss including but not limited to loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise.

(3) To the maximum extent permitted by law and any statutory consumer guarantees provided in Australia, we limit our liability to issuing a refund or replacing a product.

11. INDEMNITY

You agree to defend, indemnify and hold harmless us and our affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees) arising directly or indirectly out of your use of the Website or any of its products or services.

12. TAXES

You shall be responsible for all sales taxes, value added taxes, GST, use taxes and any other similar taxes imposed by any federal, state or local governmental entity on the transaction contemplated by this Website.

13. DISPUTES

(1) Please contact us to resolve any complaints in relation to the Website or any of its products or services.

(2) Any dispute or claim relating to your use of our products or services or to the sale of any of our products or services must be resolved through negotiation in good faith on a commercially realistic basis rather than in court.

(3) Any dispute which cannot be settled within a reasonable time must be referred for determination by a mediator agreed on by the parties. If the parties are unable to agree on a mediator, a mediator nominated by the then current Chairman of LEADR (Lawyers Engaged in Alternative Dispute Resolution) or the Chairman’s nominee. The parties will share equally the cost of the mediator’s fee.

(4) A party to the dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 business days after commencement of the mediation.

14. APPLICABLE LAW

By using our Website, products or services, your agree that these terms and that any dispute is governed by and shall be construed in accordance with the laws in the State of Victoria, Australia and you agree to submit to the jurisdiction of the courts in that State.

15. INVALIDITY

If any part of these Terms of Use is unenforceable the enforceability of any other part of these terms will not be affected and the remaining terms will continue in force.

Terms of Use last updated 01.01.2022