Terms and Conditions
Please read these Terms and Conditions on entering and before using this website.
This website is owned and operated by KimoYES ABN: 25 160 154 903 (“KimoYES”).
The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (“Terms”). References to “us” mean KimoYES and references to "you" mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.
Copyright in website material
All information including text and photographs remains the copyright of KimoYES and is intended for private, non-commercial use. The information may not be copied, used or reproduced for any purpose other than private domestic use.
Accounts and profiles
We will endeavour to keep private any information held in your account or profile (apart from that which you choose to make public), however, we can and will not be held responsible for any unforseen privacy breaches (such as by hacking, for example). Therefore, we ask you to consider carefully any information you publish to your account or profile, include names, addresses, email address, and photos. You must also agree to only publish information and photos to which you have the copyright.
KimoYES is the owner or authorised user of all intellectual property in and associated with the website and any improvements and modifications thereto. KimoYES is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.
Nothing contained in the website should be construed as giving you any right in or license to any of the intellectual property, trade marks, logos, names or designs, whether registered or unregistered, associated with the website.
Third party sites
This website may contain links to third party websites. These links are not recommendations or endorsements by KimoYES and KimoYES does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.
If KimoYES gives you a password to access the website or any other part of the website, you should keep that password confidential and not disclose it to any other person. Nor should you permit any other person to use that password.
Purchasing KimoYES Products Online
Goods advertised on the KimoYES website are available for purchase online.
Payments to KimoYES may be made by KimoYES gift voucher, KimoYES Credit Note, Visa, Bankcard, Mastercard, Australian Bank cheque, Australian Money Order, direct deposit or Personal Cheque.
Placement of an order is an offer to purchase KimoYES goods. KimoYES may accept your order by processing your payment and organizing delivery of the goods to your delivery address or may, for any reason (including circumstances where KimoYES has insufficient goods to complete the order or where the goods ordered have been discontinued), decline to accept your order or any part of your order. If KimoYES declines to accept your order, KimoYES will attempt to notify you using the email address provided by you.
You are responsible for any costs associated with accessing the KimoYES website including any internet service provider fees and telephone call charges.
Risk in the goods passes to you at the time the goods are delivered to the delivery address provided by you.
Products can be returned within 30 days for a full refund. If the product is not as described, shipping costs will be borne by kimoYES. Otherwise, the customer will bear the return shipping charges.
If you are unhappy with your kimoYES purchases, you should contact KimoYES as soon as possible.
Processing of Orders
KimoYES will make all reasonable efforts to ship orders within two business days of receipt of payment.
We do not represent or warrant that this website and any other information or material contained in, downloaded or accessible from this website, is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
This website is provided to you by KimoYES “as is”. To the fullest extent permitted by law, KimoYES excludes any and all warranties (whether express or implied) relating to the website including, but not limited to, warranties concerning:
a. merchantability and fitness of purpose;
b. the website meeting your particular interests and requirements;
c. the material on the website being accurate, complete or reliable;
d. the website and the server being available and free of defects;
e. the website and the server being free of technical problems or viruses; and
f. the confidentiality of information transmitted to or from the website.
Limitation of liability
To the fullest extent permitted by law, KimoYES excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:
a. your use or misuse of the website or any material on the website;
b. your inability to access or use the website or any material on the website;
c. the loss or modification of information or material transmitted to or from the website;
d. the loss of confidentiality in any information or material transmitted to or from the website;
e. any defect, technical problem or virus attached to or arising from the website or the server;
f. the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
g. any injury or illness you or any other person sustains as a result of the use of the website; and
h. the goods displayed on the website being unavailable at any time.
If KimoYES breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of KimoYES for a breach of the applicable term, condition or warranty is limited to, at the election of KimoYES:
1. the re-supply of the relevant product;
2. the supply of a substitute product which will be of a value equal to or greater than the original product ordered; or
3. the payment to you of the cost of having the relevant product supplied again.
You indemnify KimoYES against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
Changes to the website and your access
Without prior notice to you and in its absolute discretion, KimoYES reserves the right to:
1. vary or discontinue the website or any page of the website at any time; and/or
2. terminate your access to part or all of the website at any time,
and KimoYES is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.
Changes to the Terms
KimoYES reserves the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the Terms.
These Terms will be governed by and construed in accordance with the courts of the Australian Capital Territory, Australia. You submit to the non-exclusive jurisdiction of the courts of Australian Capital Territory.
Severance of clauses
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
All references to $ and dollars on the website are to Australian currency. All prices were current at the time of publication on the website.