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Welcome to Kiss the Toys, a supplier of Australian made soft toys and puppets. These terms and conditions are intended to assist and keep Kiss the Toys a safe place to trade. Kiss the Toys is an Australian business based in Brisbane, Australia.
Acceptance of terms and conditions:
The terms and conditions are the terms on which Kiss the Toys offers you access to the services and this web site. By registering as a member of the Kissthetoys.com.au web site you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.
Amendment of terms and conditions:
These terms and conditions may be amended in whole or in part by Kiss the Toys owners from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 6 March 2017.
In these terms and conditions, the following expressions have the meanings set out:
'item', or 'items' means goods that may be bought or sold through the Kiss the Toys online store process;
'customer' means a registered customer of the Kissthetoys.com.au web site, owned and operated by Kiss the Toys ;
'services' means any one or more of the offered by Kiss the Toys from time to time, including online store, message boards, and chat rooms and any other service that Kiss the Toys may offer;
'we', 'us' and 'our' are a reference to Kiss the Toys and this web site www.kissthetoys.com.au
'you' and 'your' are a reference to you;
'web site' means the Kissthetoys.com.au web site through which the services are offered;
The Kissthetoys.com.au web site provides a venue for customers who want to buy items.
You expressly understand and agree that:
you use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Kiss the Toys disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
Kiss the Toys does not warrant that (i) the services provided will be uninterrupted, timely, secure, or error free, or (ii) that any information (including feedback) provided on the web site is error-free or reliable;
no advice or information that is obtained by you from Kiss the Toys or anyone else shall create any warranty by Kiss the Toys that is not expressly stated in the terms and conditions; and
responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Kiss the Toys recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Kiss the Toys to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another customer's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Kiss the Toys liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction, your use of Kiss the Toys message boards and chat rooms, your purchase or attempted purchase of an item prohibited under clause 4.2(c), or arising out of any content or item you submit, post, transmit, or make available through the services.
Without limiting any other rights and remedies available to Kiss the Toys, we may limit your activities on the web site, warn other customers of your actions, issue a warning to you, suspend or terminate your status as a customer, or refuse to provide our services to you if you breach these terms and conditions or where Kiss the Toys considers it appropriate.
BECOMING A CUSTOMER
Becoming a Customer:
Becoming a customer is free. You may only register as a customer if you can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
You warrant that you have provided complete, accurate and current personal information when registering as a customer. You must maintain and update your personal information held by Kiss the Toys to ensure it is kept current at all times. You must not register as a customer under multiple identities or personas (whether false or not). Kiss the Toys may phone, mail or email you to verify these details.
Termination of customer status:
Kiss the Toys reserves the right to decline to register or to terminate your customer status without entering into further discussions with you. Without limiting the foregoing, Kiss the Toys may terminate your customer status if a serious complaint or multiple complaints are received about you from other customers, you breach these terms and conditions, you impersonate another customer, or we, at our sole discretion, deem your behavior to be unacceptable. Customers who have registered under multiple aliases will have all of their aliases disabled.
Security of your login information:
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: not to permit any other person to use your user name or customer status; and not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your customer status.
All sales made through Kiss the Toys shall be made in good faith. You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.
You shall not list your email address, phone number or any other contact detail within the Kiss the Toys message boards.
You must not use the services or the web site to promote items for sale outside the services.
Kiss the Toys will use its reasonable endeavors to ensure the availability of the Kiss the Toys web site and services, subject to any downtime required for maintenance. However, Kiss the Toys takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, Kiss the Toys assumes no responsibility for the corruption of any data or information held by us.
the Toys message boards and chat rooms:
Kiss the Toys may provide Message Boards and Chat Rooms for the use of Kiss the Toys customers. The Message Boards and Chat Rooms may not be used to promote auctions, web sites or any commercial or business activity. Kiss the Toys is not responsible for any of the opinions expressed in the Message Boards and Chat Rooms. By posting a message to the message board or chat room you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
Without prejudice to clause 2.3(a), Kiss the Toys has no liability for any lack of performance, unavailability or failure of the services or the Kissthetoys.com.au website or for any failure of Kiss the Toys to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of us.
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
These terms and conditions are governed by the laws of the State of Queensland, Australia. You submit to the non-exclusive jurisdiction of the Courts of Queensland.
Intellectual Property Rights:
Kiss the Toys (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:
Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
Commercialize, copy, or on-sell any information, or items obtained from any part of this web site.
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
Kiss the Toys collects personal information about you through your use of the services and the web site, including: your registration details; and information relating to your use of the web site and the content you access.