Terms & Conditions

These Website Terms of Use apply to this website operated by KGK Ausdiam Pty Ltd(“KGKA”)under the domain name http://www.loveandpassion.com/ ("Website"). In these Terms of Use the terms “we”, “us”, “our” refer to KGKA and any of its related entities and its associates.

By proceeding beyond the homepage you agree to accept these Terms of Use.

We reserve the right to amend these Terms of Use at any time without notice and the amended Terms of Use will be effective from the time when it is posted to this Website. Your continued use of this Website after the amendment to these Terms of Use will be regarded as your acceptance of the amended Terms of Use.

Copyright and submitted material
All materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement ("Content") are licensed to or owned by a member of the us. Unless we otherwise indicate, you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior consent. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

Trade marks
Trade marks which appear on this Website are owned by the relevant owners. You must not use any trade marks that appear on this Website without the written consent of the relevant trade mark owner.

Links
We may provide links on this Website to the websites operated by third parties. You acknowledge and agree that we do not control nor monitor these third party websites. We do not make any representations about and cannot accept any liability for these websites operated by third parties. A link to a third party website on this Website does not imply that we in any way endorse the content of that third party website. Your access to third party websites may be governed by their own terms of use.
You may not create a link to this Website from another website or document without our prior written consent.

Privacy
The Privacy Statement applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed at here.

Your account and password
You may be assigned an account login (including a username and password) in respect of your use the Website. It is Your responsibility to ensure that the details provided to us are accurate and up to date.

You must at all times keep your username and password secure and confidential and not disclose them to any third party. You are solely responsible for any use of the website by any person using your username and password. You agree to release and indemnify us in relation to any claims, loss or liability arising out of the unauthorised use of your username or password.

You must notify us immediately if you become aware of any unauthorised use of your account.

Ordering and purchasing goods

You may only purchase goods on the Website if you are assigned an account login by us.

When you submit an order to purchase goods from us through the Website (by providing the relevant information in the online order form), that will constitute an offer from you to buy those goods in accordance with these terms. An agreement for the sale and purchase of goods shall be concluded between you and us only when your order is formally accepted by us, which will only occur by us sending to you a written notification of acceptance by email. We reserve the right to reject or cancel any order at any time due to the unavailability of any goods.

The price payable by you for orders accepted by us shall be the price quoted in Australian dollars on this Website (which unless otherwise stated will be exclusive of GST) for the relevant goods at the time your order is submitted, together with the applicable delivery fees.

We will use Australia Post or any other courier or carrier nominated by us to deliver such goods.

We retain ownership and title of the goods we supply to you until we have received the full price for the goods and the applicable delivery charges. Once your order has been accepted, you assume full responsibility for and risk in the goods.

Warranties in relation to goods sold

We make no representation whether express or implied as to the merchantability, condition, durability or fitness for the purpose for which the goods are to be used and any implied warranty as to latent defects is expressly excluded.

In no event whatsoever will we be responsible for any loss, damage, cost, charge or expense suffered, incurred or sustained by you whether consequential or otherwise of whatsoever nature and kind and howsoever arising including through our negligence.

These warranties will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods or services pursuant to the Conditions of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) (“CCA”) or by any other statute Act of any state or territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified.

To the extent permitted by the CCA our liability to you for a breach of a condition or warranty implied by a provision of the CCA will be limited to:

(a)           the replacement of the relevant goods or the resupply of equivalent goods;

(b)          the repair of the relevant goods;

(c)           the payment of the cost of replacing the relevant goods; or

(d)          the payment of the cost of having the relevant goods repaired;

and we in our absolute discretion will determine which of the foregoing limits will apply in any case.

 

User conduct
You are responsible for your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

In accessing this Website, you must not:

(a)           disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;

(b)          disrupt or interfere with any other user's enjoyment of this Website or linked websites;

(c)           use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;

(d)          take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;

(e)           reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;

(f)           use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;

(g)          engage in any kind of illegal, criminal or tortious activity through the use of the Website, including infringement of any third party intellectual property rights;

(h)           attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; or

(i)            post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity
You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.

Warranties and disclaimers
The Content and this Website are provided "as is" and “as available”. Images and diagrams depicted on this Website are intended to be a visual aid only and do not necessarily accurately reflect the object described. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it. You assume the entire cost of all necessary servicing, repair, or correction. We do not warrant or make any representations regarding the use or the results of the use of the Content or this Website in terms of their correctness, accuracy, reliability, or otherwise.

We reserve the right to make any change to the Content without notice. We may also make improvements or changes to the products and services described in the Content at any time without notice.

Your use of this Website including all Content or data distributed by, downloaded or accessed from or through this Website is solely at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

Limitation of liability
Subject to any responsibilities implied by law which cannot be excluded, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on us, or implied into these Terms of Use, under any law are hereby excluded.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the CCA or any other legislation which may not be excluded, restricted or modified by agreement.

Termination and suspension
We reserve our right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

Severability
If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not effect the validity and enforceability of the remaining provisions.

Waiver
No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Applicable law
These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Currency
A reference to "$" or "dollars" throughout this Website is a reference to Australian currency, unless stated otherwise.