Terms of Service

TERMS OF SERVICE OVERVIEW

This website is owned and operated by Better Marketing Results Pty Ltd Trading as Australian Kava Co, which is also known as Australian Kava Co. Throughout the site, the terms we, our, and ‘us’ refer to Better Marketing Results Pty Ltd Trading as Australian Kava Co. This website is offered to you conditioned on your acceptance of all terms, conditions, policies and notices stated here. Australian Kava also refers to Australian Kava Co trading as Better Marketing Results Pty Ltd

You agree to these Terms of Service by using our site and/ or making a purchase. You are agreeing to be bound by the following terms and conditions (Terms), as well as any additional terms and conditions and policies referenced herein that are accessible via links. These Terms of Service apply to everyone who visits the site, including customers, merchants, vendors, browsers, and  contributors of any content.

Before using or accessing our website, please read the following Terms of Service carefully. By visiting or utilizing any part of the site, you agree to be bound by these Terms of Service. You may not access the website or use any services if you do not agree to all of the terms and conditions of this agreement. If these Terms of Services are considered an offer, acceptance is limited to these Terms of Service alone.

The Terms of Service apply to any new features or tools that are added to the current store. You may access the most up-to-date version of the Terms of Service at any moment on this page. We have the right to modify, alter, or replace any aspect of these Terms of Service by posting updates and/or modifications to our website at any time. It is your duty to keep an eye on this page for changes so that you are aware of them. Following the publication of any changes, your continued usage or access to the website indicates your acceptance thereof.

PART 1 – CHANGES TO TERMS OF SERVICE

The most up-to-date version of the Terms of Service may be found at this location. We have the right, at our sole discretion, to edit, modify or replace any part of these Terms of Service by posting updates and changes to our website. It is your duty to check our website on a regular basis for changes. Following the publication of any modifications to these Terms of Service, you will be deemed to have accepted them.

PART 2 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

PART 3 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control and minimal influence. You agree that we give access to such tools “as is” and “as available” without warranties, representations or conditions of any kind, and without any recommendation. We shall not be liable for anything arising out of or connected with your use of optional third-party tools.

You are solely responsible for any use of optional tools offered on the site and should make sure you are aware of and agree with the terms governing third-party provider(s) tools.

We may also, in the future, make available new services and/or features through the website (including the introduction of new tools and resources). These Terms of Service shall also apply to any such additional functions and/or services.

PART 4 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

PART 5 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies or omissions that may relate to information about Kava, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PART 6 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

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. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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.

PART 7 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

PART 8 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Better Marketing Results Pty Ltd Trading as Australian Kava Co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

PART 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to reject any order you place with us. We may, in our sole discretion, restrict or cancel quantity purchases per person, per household, or per order. Orders placed under the same customer account, using the same credit card, and/or shipping address are examples of these restrictions.

We may try to notify you by phone or email if we make a change or cancel an order, as long as the e-mail and/or billing address/phone number provided when the purchase was made are correct. We have the right to limit or prohibit orders that, in our opinion, appear to be dealer, reseller, or distributional.

You agree to provide up-to-date, accurate purchase and account information for all purchases you make at our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and get in touch with you as needed. For further information, please see our Return Policy.

PART 10 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

PART 11 – ENTIRE AGREEMENT

The failure of you or any other user to exercise any right or provision under these Terms of Service shall not constitute a waiver of that right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in connection with the service shall be the entire agreement between you and us, superseding all prior and contemporaneous agreements, communications, and proposals (including but not limited to any previous versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

PART 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 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 service is at your sole risk. The service 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 Better Marketing Results Pty Ltd Trading as Australian Kava Co, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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.

PART 13 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

PART 14 – REFUND AND EXCHANGES

If you have mistakenly purchased the wrong Better Marketing Results Pty Ltd Trading as Australian Kava Co product on the australiankava.com.au website, we will gladly give you a full refund within 10 days of purchase upon receipt of returned product. Please contact our customer service team via the contact us page for details on how to return the product.

Unfortunately, we are unable to provide refunds for products that have been opened. The client is responsible for any shipping fees if goods are returned as a result of a mistake made by Better Marketing Results Pty Ltd Trading as Australian Kava Co (australiankava.com.au). Better Marketing Results Pty Ltd Trading as Australian Kava Co takes care in packaging all orders securely, however, occasionally product boxes may be damaged whilst in transit, therefore we do not offer refunds on products if its box is damaged. Please contact Customer Service on email or phone via the Contact Us page to obtain details on how to make a claim for refund or exchange.

All claims are individually assessed and all approved returns are credited back to the original credit card used to make the purchase.

Better Marketing Results Pty Ltd Trading as Australian Kava Co reserves the right to:

Assess the condition and age of returned goods prior to providing a repair, exchange or refund. This may result in a repair, exchange or refund being refused.

Please note:

The original emailed Australian Kava purchase receipt is the most convincing form of evidence of purchase.

If you paid with your credit card, we’ll issue a refund using the same method as your original purchase.

PART 15 – 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, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You hereby represent and warrant that your comments will not infringe on any third party’s rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your postings will not include libellous or otherwise unlawful, abusive or obscene material; nor may they contain any virus or other malware that might affect the Service’s operation.

Users are not permitted to use a false e-mail address, pretend to be someone else, or otherwise deceive us or third parties about their origin when commenting. You are solely responsible for the content of your comments and their accuracy. We will not be held responsible nor liable for any comments posted by you or by any third party.

PART 16 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our goods are subject to change without notice. We have the right at any time to modify or discontinue the Service (or any part thereof) without prior notice. We will not be responsible for any price changes, suspension, or discontinuance of the Service.

PART 17 – THIRD-PARTY LINKS

Third-party content, products, and services may be included in our Service. You may be directed to a third-party website not affiliated with us if you click on a third-party link on this site. We are not responsible for examining or evaluating the materials or accuracy of any third-party material or sites, nor do we warrant or guarantee that they are free of viruses or other harmful components.

We are not responsible for any damage or loss resulting from your purchase or use of goods, services, resources, content, or any other transactions conducted in connection with a third-party website. Please familiarize yourself thoroughly with the policies and practices of the third party before engaging in any transaction. Any concerns, claims, complaints, or questions regarding a third-party’s goods should be addressed to the manufacturer.

PART 18 – GENERAL CONDITIONS

We reserve the liberty to refuse service to anyone for any cause at any time. You understand that your material (excluding payment card information), may be transmitted over various networks, and that it will be changed in order to conform and adapt to technical requirements of connecting networks or devices. Every time you move money over networks, your credit card information is always secure. You agree not to duplicate, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission from us. These Terms and Conditions are organized in accordance with basic English syntax and grammar rules so that they are easier to read and understand. The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

PART 19 – DELIVERY

You pay $9.50 AUD to any location in Australia for delivery. Depending on the size and dead weight factors of your orders, delivery fees may be greater than regular postage charges in some cases. Free shipping is occasionally included as a part of a special deal on our Australian website. We are unable to deliver to countries outside of Australia when ordering through our Australian website at the moment.

Australia Post is the only carrier that delivers our products. We offer delivery throughout Australia, except for remote areas, for which we recommend allowing up to ten days. If your package does not arrive within this period, please contact us through the contact us page and provide your contact information (name, address, and phone number). To deliver your purchase, we will utilize the information you supplied to us (name, address, and phone number), as provided by you.

All deliveries will be made to the given address and require a signature upon delivery. If no one is at home to receive the package, a card will be left with information about the nearest Australia Post outlet where it may be picked up during regular business hours. You will be emailed if there are any delays in obtaining any items on your order. During peak periods such as Christmas, Valentine’s Day, Mother’s Day, Father’s Day, and certain catalogue discounts, order processing and delivery times might vary considerably. For additional information, contact us.

If a customer fails to receive an item from us, he or she has 30 days from the date of delivery to submit a claim.

PART 20 – ONLINE STORE TERMS

You agree to these Terms of Service if you are at least the age of majority in your state or province of residence, or if you are the age of majority in your state or province of residence and have given us consent to allow any of your minor dependents to use this site.

We may terminate, suspend, or modify your access to our Services at any time if you are in violation of these Terms. You may not use our products for illegal or unauthorised purposes, nor may you violate any laws in your jurisdiction while using the Service. You must not transmit worms, viruses, or code that is harmful to computer systems. If you breach or violate any of the Terms, your services will be terminated right away.

We do not permit the act of driving while under the influence of our products, under any circumstances and ask you to use your best judgement and follow relevant laws in regards to actions you undertake while under the effects of any of our products.

PART 21 – PRODUCTS OR SERVICES (if applicable)

Certain items or services may be only accessible via the website. These goods or services have limited quantities and are subject to return or exchange only under our Return Policy. We made every effort to display as accurately as possible the colors and pictures of our products that appear at the store. We cannot promise that any color displayed on your computer screen is accurate. We retain the right, but are not required, to restrict sales of our products or Services to anyone, anywhere in the world.

We may choose to exercise our right on a case-by-case basis. We maintain the right to limit the quantities of any goods or services we provide. All product descriptions and pricing are at the discretion of us, and they may be altered without notice at any time.

We have the authority to stop selling any goods at any time. Any offer for a product or service on this site is void in jurisdictions where it is prohibited. We disclaim all warranties with regard to the quality of any items, services, information, or other material purchased or obtained by you.