KINCROME AUSTRALIA PTY LTD WEBSITE TERMS & CONDITIONS

This web site and its contents ("Web Site") are owned and operated by Kincrome Australia Pty Ltd of 3 Lakeview Drive Scoresby, VIC. 3179 AUSTRALIA ("Kincrome"). The use of this Web Site is governed by the following terms and conditions, as amended from time to time (the "Terms and Conditions").

By using this Web Site you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions (including any amendments to them) you should immediately cease using the Web Site. The Web Site may be updated from time to time, including these Terms and Conditions. Kincrome encourages you to check this document regularly. By continuing to use this Web Site after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.

Intellectual property and restrictions on use of content

The Web Site and the materials on this Web Site are subject to copyright. Unless otherwise indicated, the copyright is owned by Kincrome or a related company, which reserve all rights. Except for the direct purpose of viewing, printing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without Kincrome’s consent.

The Web Site also includes registered and unregistered trade marks, which are owned by Kincrome or a related company. Except to the extent that it is expressly indicated to the contrary, your access to or use of this Web Site does not constitute or create a licence or any other right to use the name, trade dress, trade marks, copyrights or any other intellectual property which appears on the Web Site. Kincrome reserves the right to revise the content of, amend links from or withdraw access to the Web Site at any time without notice and without liability to you or any other person.

Links to Third Party Sites and Third Party Advertisements

Kincrome assumes no responsibility and accepts no liability for the condition or content of third party web sites which may be linked to or accessed from the Web Site. Except as Kincrome may specifically direct otherwise, Kincrome does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of Kincrome for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Software and other digital materials available for download

From time to time certain software and related digital materials may be expressly made available by Kincrome for downloading from the Web Site. Unless those software or materials are expressed to be pursuant to specific conditions (in which case those conditions will apply), Kincrome grants to you a personal, non-transferable, and non-exclusive licence to use the relevant software or materials for your own private use, provided that you do not copy, communicate to the public, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them, and provided also that you ensure that all copies of such software and materials retain any copyright or other intellectual property notices. Except as otherwise provided for in the terms of any express licence agreement, Kincrome gives no warranties (either express or implied) as to the completeness, accuracy or reliability of such software or materials, and they are downloaded and used by you entirely at your own risk.

Content and other information provided by you and others

Certain parts of the Web Site may allow you to post messages or otherwise submit materials for publication on the Web Site. It is a condition of your use of, and continued access to, the Web Site that you do not restrict of inhibit any other user from using or enjoying the Web Site (or part of it) and do not post any material which is obscene, offensive, pornographic, defamatory, racist, discriminatory, in breach of third party rights (including intellectual property rights) or otherwise in breach of the law.

Kincrome may monitor or review the contents of messages and materials posted on the Web Site and reserves the right to edit, refuse to post, or remove any message and materials from the Web Site as it sees fit and without liability. However, Kincrome is under no obligation to perform these activities and does not warrant that it will do so. The information and opinions expressed by users of the Web Site are those of the relevant individuals who post them, and Kincrome is not responsible for them.

You grant to Kincrome a non-exclusive perpetual royalty free licence to copy, adapt, communicate to the public and otherwise use all or any part of the materials, information, ideas, concepts, know-how or techniques provided directly or indirectly by you through the Web Site or your use of the Web Site (including without limitation information gained from the fact that you have accessed the Web Site and information, goods or services you have sought from the Web Site ("Information"). You warrant that you have the ability to grant such rights to Kincrome, and agree to indemnify Kincrome if any third party takes action against Kincrome in relation to Information you provide. All Information and other materials received from you shall be deemed to be non-confidential.

Personal information

Kincrome may collect, use and disclose personal information about you obtained by Kincrome from your use of the Web Site. Kincrome’s management of this information is governed by the Privacy Policy.

Competitions and promotions

Certain parts of the Web Site may contain competitions or promotions from Kincrome or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Kincrome specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you. All competitions and promotions are only open to persons located in Australia who are over 18 years of age, and prizes will not be awarded to people who do not meet this requirement at the time of entry.

Disclaimer and Limitation of Liability

The Web Site and its entire contents are provided on an "as is" basis. Kincrome, related companies of Kincrome, and their directors, officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Web Site or its contents nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the contents of this Web Site. You should be aware that information current to a particular time or date as placed on the Web Site does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Web Site is updated.

Kincrome, related companies of Kincrome, and their directors, officers, employees, agents and contractors are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non use of the Web Site (including the downloading of any materials or the purchase or attempted purchase of any products), or your reliance upon information contained upon it (whether arising from Kincrome or any other person’s negligence or otherwise). Where any Act of Parliament implies any term, condition, representation or warranty into the contents of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the Act, Kincrome’s liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as Kincrome may choose.

Indemnity

You agree to indemnify and keep indemnified Kincrome, related companies of Kincrome and their directors, officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which Kincrome, related companies of Kincrome and their directors, officers, employees, agents and contractors may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the Web Site (or any part of it) or your breach of these Terms and Conditions.

Termination

Kincrome reserves the right to revise the content of, amend links from, or withdraw access to the Web Site at any time without notice and liability to you. Your membership of the Web Site, your ability to participate in all or certain parts of the Web Site, or your ability to access the Web Site may be terminated at any time without notice, and without any liability to you. Any indemnities given by you and limitations on Kincrome’s liability will survive such termination.

MISCELLANEOUS

A right relating to these Terms and Conditions may only be waived by Kincrome in writing. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. By using the web site you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect. Kincrome’s failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Kincrome in writing.

Every effort is made to ensure advertised stock is available, however due to factors beyond the control of Kincrome Australia Pty. Ltd. Not all products advertised may be available. Where pricing is included, pricing for the products are recommended retail only. Regular prices vary from store to store, web site pricing is calculated in good faith as the average sale price at the time of preparation. Prices shown are displayed in Australian Dollars (AUD) only.

Kincrome Australia Pty. Ltd. Reserve the right to correct printing errors. All sizes shown are approximate only. Accessories shown do not come with the product unless otherwise specified. Content including text and images on this web site are presented ‘as is.’ Kincrome Australia Pty. Ltd. maintains our web site regularly and will do everything possible, within reason to maintain content but cannot be responsible for unforeseen shortfalls. Kincrome will amend web site content at its discretion without notification. Due to electronic processes, colours may vary slightly to actual item. Kincrome Australia Pty. Ltd. will do everything possible, within reason to maintain stocks of products advertised but cannot be responsible for unforeseen shortfalls beyond their control. E. & O. E. © Copyright 2017.

Issue Date: 28 February 2013
Revised: 15 December 2016