Terms and conditions

Last updated - 1st August 2019

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

1. About this website
   www.wearekittyhawk.com.au (‘’Site”) is a website owned and operated by We are Kittyhawk (“Kittyhawk, we, us or our”) ABN 49 800 954 926.
   
   
2. About these terms and conditions
   These website terms and conditions (“Terms and Conditions or Terms”) and the associated Conditions of Sale, Hire Terms, Shipping + Returns Policy and Privacy Policy detail the terms for accessing or using, purchasing and hiring from the Site.
   
   
3. Acceptance of Terms
   By using or accessing our site, you indicate that you have read, understood and accept these Terms and Conditions, together with our Conditions of Sale, Hire Terms, Shipping + Returns Policy and Privacy Policy and that you agree to abide by them.
   
   If you are not eligible (see section 4 below) or do not agree to the Terms and Conditions, together with our Conditions of Sale, Hire Terms, Shipping + Returns Policy and Privacy Policy then you do not have our permission to use the Site or purchase and/or hire products through the Site. Your use of the Site, and our provision of the Site to you, constitutes an agreement by Kittyhawk and by you to be bound by these Terms.
   
   
4. Eligibility
   You must be at least 18 years old to use the Site, purchase or hire anything from the Site. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years old; (ii) you have not previously been suspended or removed from the Site; and (iii) your registration and your use of the Site is in compliance with any and all applicable laws and regulations.
   
   
5. Modifications to the Terms
   You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes.
   Your continued use of or access to our Site or products purchased and/or hired following the posting of any changes to these Terms constitutes acceptance of those changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. If you do not agree with any modification to these Terms, you must cease using the site.
   
   
6. Errors, inaccuracies and omissions
   Kittyhawk does not warrant the accuracy, adequacy or completeness of material on this Site.
   Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site is inaccurate at any time without prior notice (including after you have submitted your order).
   
   We undertake no obligation to update, amend or clarify information in the Site, including without limitation, pricing information, except as required by law. 
   
   We attempt to be as accurate as possible when we describe products and services on our Site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, information or other content available or offered on our Site are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our site.
   
   Commentary and other materials posted on, or via, our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials, and any services provided therefrom, by any visitor to our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials will not infringe intellectual property rights of any third parties.
   
   
7. Modification to the Site
   All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Kittyhawk.
   
   We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
   
   Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
   
   We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
   
   We will not be liable to you or any other third party by reason of our withdrawing any product from our site, whether it has been sold or not, removing or editing any materials or contents on our site or for refusing to process or accept an order.
   
   
8. Accessing our site
   Access to our site is permitted on a temporary basis. We reserve the right to modify, discontinue, or restrict access to parts or all of our entire Site at any time (including by limiting or discontinuing certain products or services of the Site), temporarily or permanently, without notice to you. To the extent permitted by applicable law, Kittyhawk will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. We will not be liable if for any reason our site is unavailable at any time or for any period.
   
   
9. Prices
   All prices displayed on the Site are quoted in Australian dollars and are inclusive of GST (where applicable). We reserve the right to make changes to pricing and specifications without prior notice and without incurring any obligations. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service.
   
   In the event that an item lists an incorrect price, either due to typographical or other error, Kittyhawk will have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if a credit card has already been charged for the purchase and the order is cancelled, Kittyhawk will promptly credit the credit card account in the amount of the incorrect price charged
   
   
10. Orders
    Once you have placed an order, you will receive an automatic email acknowledging the details of your order. This is not an acceptance of your order, just a confirmation that we have received it. Your order is subject to acceptance by us. We reserve the right to refuse products and services to anyone for any reason at any time at our sole discretion. We reserve the right to limit the number of items ordered and to refuse products and services to any customer without prior notification.
    
    
11. Ownership; Proprietary Rights
    The visual interfaces, graphics, design, icons, compilation, information, data, products, services, and all other elements of the Site (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Site are the property of Kittyhawk and its third-party licensors. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Kittyhawk. We reserves all rights to the Materials not granted expressly in these Terms.
    
    All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Kittyhawk.
    
    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the website through which the service is provided, without express written permission by us.
    
    
12. Personal information - Privacy policy
    Our Privacy Policy (linked here) is a part of these Terms. Please read it carefully for information relating to our collection, use, storage, disclosure of your personal information.
    Please be aware that our website is hosted by Shopify, and we are bound also by their Privacy and data policy, which you can read here.
    
    
13. User comments, feedback and other submissions
    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    
    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    
    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
    
    
14. Outbound links
    The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by us. We makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site.
    
    
15. Third-party links
    

    Certain content, products and services available via our Site may include materials from third-parties.
    
    Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    
    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 in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

16. Jurisdiction
    These Terms are governed by the laws of the state of New South Wales Australia, without regard to conflict of law principles. You and Kittyhawk submit to the personal and exclusive jurisdiction of the courts located within New South Wales Australia for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from New South Wales Australia, and we make no representation that Materials included in the Site are appropriate or available for use in other locations.
    Our Site is created and controlled by us in the state of New South Wales, Australia. As such, the laws of the state of New South Wales will govern these Terms (and the purchase or hiring  of any products via our Site).
    Our Site is available only to people who can form legally binding contracts under applicable law.
    
    
17. Disclaimer of Warranties
    Kittyhawk makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the Site and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. 
    
    KITTYHAWK DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND Kittyhawk DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    
    TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR KITTYHAWK OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITE AND ANY ASSOCIATED SITES OR SITES, AT YOUR OWN DISCRETION AND RISK, AND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT.
    
    Notwithstanding the forgoing Kittyhawk does not disclaim any warranty or other right that Kittyhawk is prohibited from disclaiming under applicable law.
    
    

    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

    You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

    In no case shall Kittyhawk, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products or services procured using the Site, or for any other claim related in any way to your use of any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18. Limitation of Liability
    The material, content, product descriptions, standard, quality and specifications displayed on our site, and any links and in relation to the products or services contained therein are provided “as is” and without any guarantees, conditions or warranties as to its accuracy, completeness, reliability, currency or fitness for purpose. To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:
    
    

    All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

    Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site, products or services or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

    Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

    Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred dollars (AUD$100.00). You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our site, or any other products or services accessed via our site.
    
    
19. Questions
    Questions about our Terms should be sent to us at hello@wearekittyhawk.com.au