Terms and Conditions

TERMS AND CONDITIONS FOR KO | WT (KO Welding Tables)

Introduction

These terms and conditions (the “Terms”) of KO | WT, expressly declare and outline the rules and regulations for the use of KO | WT Website (the “Website”), accessible at https://koweldingtables.com.au/. The Terms are conditions precedent for the use of the Website. By accessing/using/recommending/signing up/referring to someone/opening a link to the Website, we assume you accept these terms and conditions (the “Terms”), and you declare that you expressly accept the Terms of the Website without any force and coercion. You are hereby warned and made clear without any kind of ambiguity that if you do not accept these Terms you may not proceed further. You are also being made aware that if you sign up/move forward/access/recommend to someone without accepting the Terms, you would keep, Website, its owners/affiliates/employees and all person affiliated with Website, harmless and you waive off all your rights to sue the Website its owners and all affiliates. Do not continue to use Website if you do not agree to take all of the terms and conditions stated on this page. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Company in the user interface.

 

Your obligations

(a)          As a user, you agree to comply with the following:

(i)             you will use the Website only for purposes that are permitted by:

(A)           the Terms; and

(B)            any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii)            you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(iii)           any use of your registration information by any other  person, or  third parties, is strictly prohibited. You agree to  immediately notify Us of any unauthorised use of your password or email address or  any breach of security of which you have become aware;

(iv)           access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of Us providing the Services;

(v)            You declare that anything that is against the law is not permissible and make yourself bound by your act, and make responsible for the outcomes of the acts that are against the law.

(vi)           you acknowledge and agree that any automated use of the Website or its Services is prohibited.

 

Affirmation while placing order

 

When you place an order of a Product using the Website (the “Order”) you represent and warrant that:

  1. a) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
  2. b) you are authorised to use the debit or credit card you provide with your Order.
  3. c) Submitting an Order constitutes your intention and offer to enter into these terms where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

 

Account

 

Order can be placed by creating account or can also be placed as a guest by putting requisite information required on the order placing page.

 

  1. As part of registering an Account (the Account) and your continued use of the Website, you may be required to provide personal information, such as your email address, first and last name, username, a secure password, billing and postal addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
  2. You warrant that any information you give to us in the course of registering your Account is accurate, honest, correct and up-to-date.

iii.     You agree that you are solely responsible for:

(a)   maintaining the confidentiality and security of your Account information and your password; and

(b)   any activities that occur through your Account (including those of third parties), whether those activities have been authorised by you or not.

  1. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

 

Payment

 

All prices on our Website are:

  1. a) per unit (except where indicated);
  2. b) in Australian Dollars; and
  3. c) subject to change prior to you completing an Order without notice.

 

  1. (Payment obligations) You must pay for all Products at the time of placing an Order i.e. before the bag/Product is shipped to you.
  2. (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing you with a tax invoice under the A New Tax System (Goods and Services Tax) Act, 1999.

iii.         (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

  1. (Online payment partner) We may use third-party payment providers (Payment Providers). The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
  2. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
  3. (Additional fees) In the event we charge you additional fees under these terms (including Late Fees and Extension Fees), you agree that we can charge these fees to the payment method you provided at checkout.

 

 

Delivery Terms

 

  1. (Delivery Confirmation) Delivery of the Product to you will be confirmed at the time Startrack Express, Toll, TNT, DHL, FedEx, Australia Post, Main Freight., Big Post identifies the Product as being delivered.
  2. (Delivery Costs) Delivery costs will be added to after the submitting of your enquiry unless elsewise stated. The prices displayed at checkout are exclusive of delivery to the address chosen by you.
  3. (Delivery Details) Where prices are stated as inclusive of delivery:
  4. delivery is to the delivery address specifically accepted by us; and
  5. we will deliver the Products to you in accordance with the shipping information displayed on our Website.
  6. (Pick up and drop off) If you select the pick up and drop off delivery option at checkout, we will contact you after placing your Order to advise you of the pick up/ drop off address and arrange a pick up/ drop off time for your Order.
  7. (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to assist. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
  8. (Delivery Delays) If you do not receive the Product by the first day of your delivery date due to postal delays or reasons beyond our control, you acknowledge and agree that you are still required to return the Product to us on the Return Date.
  9. (Accepting delivery) You acknowledge and agree that we are not responsible for any delay in receiving your Order if you are not at the delivery address when your Order is attempted to be delivered and your Order is taken to a Startrack Express, Toll, TNT, DHL, FedEx, Australia Post, Main Freight., Big Post collection point. In some circumstances your Order may be taken to a collection point and will not be available for collection until the following business day. If you are not sure whether you will be available to receive delivery of your Order, we recommend using a parcel locker or work address to receive the Order.
  10. (International Orders) We only deliver in Australia.

 

 

Copyright and Intellectual Property

(a)          The Website, is subject to copyright under the Copyright Act, 1968 Cth. The material on the Website is protected by copyright laws and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by We or its contributors.

(b)          All trademarks, service marks and trade names are owned, registered and/or licensed by We, who grants to you a worldwide, non-exclusive, royalty- free, revocable license whilst you are registered to:

(i)             use the Website pursuant to the Terms;

(ii)            copy and store the Website and the material contained in the Website in your device’s cache memory; and

(iii)           print pages from the Website for your own personal and non-commercial use.

We does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Us.

(c)          We retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i)             business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or

(ii)            a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or

(iii)           A thing, system or process that is the subject of a patent, registered design  or copyright (or an adaptation or modification of such a thing, system or process), to you.

(d)          You may not, without the prior written permission of Us and the permission of any other relevant rights owners: broadcast, republish, Sell, rent or sub-license, reproduce, duplicate or copy, redistribute content, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

We takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Our Privacy Policy, which is available on the Website and can be viewed at this link koweldingtables.com.au/privacy-policy.

 

Cancellation by Us

 

We reserve the right to cancel your order for any reason and will notify you of this as soon as possible if we do. Where payment has already been debited, we will refund you the full amount paid back to your original method of payment.

 

Content Liability

 

We shall not in any manner whatsoever shall be held responsible for any content on the Website that seems offensive to you. We shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if We has been advised of the possibility of such damages. We/Website shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if We/Website has been advised of the possibility of such damages. We/Website shall not be liable for delay or failure in performance resulting from causes beyond Our reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.

Our services may be used by you to request and schedule transportation, goods or logistics services with third party providers, but you agree that We/Website has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms.

 

Cancellation by You

You may cancel your Order up until the time that we ship the Product to you. Once we ship the Product, your Order is binding and cannot be cancelled by you.

 

Refunds

  1. If Buyer change mind, as some products are custom and will be hard to resell, it shall be decided by Seller and shall be Seller’s discretion to offer 50% of your deposit refund back within 4 weeks of purchase.
  2. We will only provide a full refund of the price paid for a Product if we determine that:
  1. we cancelled your Order in accordance with these Terms and Conditions;
  2. a Product you ordered was not received by you solely due to failure by us;

iii.         a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

  1. a Product is deemed faulty in our sole discretion.
  1. For further details about the refunds, please see our Refund/Return Policy Page.

 

LIABILITY

 

  1. a) To the maximum extent permitted by applicable law, we completely exclude any liability or where liability cannot be excluded, we limit our liability to $100 to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any good (including the Products) or services provided by us.
  2. b) All other express or implied representations and warranties in relation to Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
  3. c) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010(Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
  4. d) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
        1. breach of any of these terms;
        2. use of the Website; or
        3. use of any Products or services provided by us.
  1. e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

 

  1. General Disclaimer

(a)        Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, or any liability under them which by law may not be limited or excluded.

(b)        Subject to this clause, and to the extent permitted by law:

(i)         all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii)        We will not be liable for any special, indirect or  consequential loss or damage (unless such loss or  damage  is  reasonably  foreseeable resulting from our failure to meet Consumer Guarantee), loss  of profit or opportunity, or damage to goodwill  arising  out  of  or  in connection with the Services or these Terms (including as a result of not  being able to use the Services or the late supply of the Services), whether     at common law, under contract, tort (including negligence), in equity,  pursuant to statute or otherwise.

(c)        All the information/links/profiles/pictures/information on the Website is published in good faith and for easement of people without providing any fundamental right of access and is for general information purpose only. Any action you take upon the information you find on this Website, is strictly at your own risk, We shall not be liable for any losses and/or damages in connection with the Website or We its affiliates, employees, agents, contributors and licensors.

(d)        Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of We make any express or implied representation or warranty about the Services or  any products or  Services (including the products or Services of We) referred to on the Website, includes (but is not restricted to) loss or damage you  might  suffer  as a  result  of any of the following:

(i)         failure of performance, error, omission, interruption, deletion, defect, failure  to correct defects, delay in operation or transmission, computer virus or  other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or  unauthorised access to records;

(ii)        the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii)       costs incurred as a result of you using the Website, the Services or any of the products of We; and

(iv)       the Services or operation in respect to links which are provided for your convenience.

 

Limitation of liability

 

Our total liability arising out of or in  connection  with  the  Services  or these Terms, however  arising, including under contract, tort (including negligence),  in equity, under statute  or  otherwise, will not exceed  the  resupply of the  Services to you.

 

You expressly understand and agree that We, Our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

GENERAL

 

  1. a) (Governing Law) This agreement is governed by the law applying in New South Wales, Australia.
  2. b) (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of (enter your state), Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum
  3. c) (Waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
  4. d) (Severance) Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
  5. e) (Entire Agreement) These terms embody the entire agreement between the parties and supersede any prior conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

 

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

 

Indemnity

(e)          You agree to indemnify the Website, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i)             all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(ii)            any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(iii)           any breach of the Terms.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (the ‘Dispute ‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (the ‘Notice‘) by that other party, the parties to the Terms (‘Parties ‘) must within 28 days of the Notice endeavour in good faith to resolve the Dispute.

 

Contact us

 

If you wish to speak to us about these Terms and Conditions please contact us at:

 

Call: (03) 7020 0234

International: +613 7020 0234

Email: sales@koweldingtables.com.au