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Conditions of Use

WEBSITE TERMS OF USE

Welcome to our website.  This website is owned and operated by C Watkins trading as Party Kit ‘n Kaboodle (ABN 92 668 255 110), successors and assignees, (we or us).  It is available at: www.partykitnkaboodle.com.au (Site) and may be available through other addresses or channels.

These Terms of Use (Terms) govern your use of our Site and form a contract between you and us if you use the Site.  Please read these Terms carefully.  Please contact us if you have any questions, at contact@partykitnkaboodle.com.au. Your use of the Site indicates that you have had sufficient opportunity to access the Terms and that you have read and accept the Terms.  

  1. Information: The information, including statements, opinions and documents contained in this Site (Information) is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  Any reliance you place on the Information is at your own risk.  Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
  2. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments.  You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.
  3. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood the Terms, before using the Site.
  4. License to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without our prior written consent.
  5. Prohibited Conduct: You must not:
    1. Use the Site for any activities, or to post or transmit any material from the Site:
    2. unless you hold all necessary rights, licences and consents to do so;
    3. that infringes the intellectual property or other rights of any person;
    4. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    5. that defames, harasses, threatens, menaces, offends or restricts any person;
    6. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
    7. that would bring us, or the Site, into disrepute.
    8. Interfere with or inhibit any user from using the Site;
    9. Use the Site to send unsolicited email messages;
    10. Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
    11. Facilitate or assist another person to do any of the above acts.
  6. Copyright and Intellectual Property Rights:

Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site.  We own the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Site does not grant you a licence, or act as a right of use, any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach copyright or intellectual property rights, including but not limited to, that you must not:

  1. alter or modify any of the code or the material on the Site;
  2. cause any of the material on the Site to be framed or embedded in another website; 
  3. create derivative works from the content of the Site; or
  4. use our Site for commercial purposes.
  1. Republishing:

You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:

  1. you must make no alterations to the material;
  2. you must attribute the material to our Site, including linking back to our Site where possible; and
  3. you must not do so in way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.
  1. Privacy: We are committed to protecting your privacy.  Please read our Privacy Policy, available on our Site. By agreeing to the Terms, you agree to accept our Privacy Policy.
  2. Your content:  If you choose to add any content on the Site, you:
  1. warrant to us that you have all necessary rights to post the content;
  2. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
  3. you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
  1. Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information).  We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.  You should make your own investigations with respect to the suitability of Third Party Information for you. 
  2. Third Party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites).  We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites.  You should make your own investigations with respect to the suitability of Third Party Sites for you.
  3. Reservation of Rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion. 
  4. Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part.  We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
  5. Limitation of Liability:

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

  1. Disclaimer:

The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

  1. the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
  2. Third Party Information; or
  3. Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

  1. Indemnity: By using the Site, you agree to defend and indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
  1. your use of or access to the Site;
  2. any breach by you of these Terms; or
  3. any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

  1. Breach:  You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site.  By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.  If you do not think they are reasonable you must not use this Site. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal.  If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you.  If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you.  All rights not expressly granted in the Terms are reserved.
  2. Exclusion of Competitors:  You are prohibited from using our Site, including our information, in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use.  We reserve the right to exclude any person from using our Site and Information, in our sole discretion.
  3. Enforceability: If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction.  This will not affect the remainder of the Terms, which continue in full force and effect. 
  4. Termination: The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
  5. Disputes:  You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
  6. Jurisdiction: Your use of this Site and any dispute arising out of your use of it is subject to the laws of Queensland, Australia.  You irrevocably and unconditionally submit to the jurisdiction of the Courts of Queensland for determining any dispute concerning the Terms.
  7. General:  If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.  If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.  Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

For questions and notices, please contact us at:

C Watkins trading as Party Kit ‘n Kaboodle (ABN 92 668 255 10)

PO Box 3383, Hervey Bay  QLD 4655

contact@partykitnkaboodle.com.au

        Last update: 8 April 2014

 

SALES TERMS & CONDITIONS

In these Sale Terms & Conditions (Sale Terms), "we" or "us" or “Party Kit ‘n Kaboodle” means C Watkins trading as Party Kit ‘n Kaboodle (ABN 92 668 255 110), its successors and assignees. "You" means the person, organisation or entity that purchases products or related services from us. The Sale Terms apply to all sales made by us to consumers.

These Sale Terms form the agreement under which we will supply products and services to you. Please read the Sale Terms of Use carefully.  Please contact us if you have any questions, before you purchase or related services from us.  You can contact us at contact@partykitnkaboodle.com.au.

Your purchase from us indicates that you have had sufficient opportunity to access the Sale Terms and contact us, that you have read, accepted and will comply with the Sale Terms, and that you are eighteen (18) years or older.  You must not order products or services from us if you are under eighteen (18) years of age. If you do not agree to the Sale Terms, do not purchase from us. 

Our Terms of Use set out terms and conditions for using our website www.partykitnkaboodle.com.au (Site). Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on our Site. 

 

1. Registration: We will provide a confirmation of account registration when you register on our Site.  It is your responsibility to keep your account details confidential.  You are liable for all activity on your account, including purchases made using your account details.

2. Amendment: These Terms may be amended from time to time, without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Sale Terms, before purchase.  Our agents, employees and third parties do not have authority to change the Sale Terms.

3. Orders:

a. You may order with us as set out on the Site.  We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment for the products.

b. It is your responsibility to check the order details, including product and pricing, before you complete your order on our Site.

c. After successful processing of your order, we will send you an order confirmation email.

d. A binding agreement comes into existence between you and us, once we have sent you a confirmation email. Subject to clause 2, no changes to the Sale Terms will be effective unless we both agree to the changes in writing.

e. In the event that an ordered item is not available or we are unable to fulfil your order we will notify you within two (2) business days to arrange an agreeable alternative item, a backorder or full refund.

4.Payments:

(a) You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product, plus any applicable delivery and insurance charges based on the delivery options selected by you.  All amounts are stated in Australian dollars.  All purchase prices include Australian GST (where applicable). Delivery and any insurance charges will be separately shown.

(b) You may pay for the product by PayPal, MasterCard or Visa credit card, or direct deposit. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

5. Availability, Cancellation and Substitution:

(a) All purchases made with Party Kit ‘n Kaboodle are subject to availability. We do our best to keep in stock most products that are advertised by us, and to keep our Site up to date with availability of products, however, at times of great demand, some items may be temporarily unavailable, and we will contact you with an estimated restock date

(b) If certain products are out of stock or discontinued, Party Kit ‘n Kaboodle will make all efforts to contact you to arrange to substitute a product with another product of similar appearance, value and size, and whereby the substituted product will be of equal, but more often of greater value to that of the original – at all times still keeping with the theme intended. If you do not wish to substitute, we can offer a full refund for that product.

(c) In the event that you indicated that an order is urgent and we are unable to contact you, we will arrange for a substitute product to be delivered. If you are unsatisfied with the item, you may return the item to us and we will provide a refund for that product; however, return postage not being refundable.

(d) Items which are out of stock may sometimes be ordered as backorder. For backorders, future prices cannot be guaranteed and once it is received back in stock, prices are subject to change without notice. Prior to placing the order with our supplier, we will contact you and provide you with an updated price, and if the price is agreed, we will require you to pay either a 50% deposit or payment upfront.

(e) Any orders placed online by you, which include incorrect or insufficient information as described in the ordering information section of our website, will result in delay of the dispatch of your order until such time that correct or further information is supplied. If this information is not supplied your order may be cancelled.  

(f) If there is a considerable delay, on our end, in dispatching your order, or if for any reason, we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order.  You can choose a refund, store credit, or to put your order on backorder as agreed with you.  If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

6.Delivery:

a. Location and cost: Please refer to Shipping information on our Site.  Timing: We will normally dispatch the product either on the same or next business day unless otherwise noted on the Site. Standard delivery timeframes within Australia are between 3-10 business days. We will deliver the product to the place of delivery you specify when making your order. Title to and risk in the product will pass to you, when the product is delivered to this place of delivery.

b. Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.

c. Method: We may deliver the products via a range of delivery methods depending on the weight and volume of your order. eParcel deliveries must be signed for unless you  request that your parcel can be left without a signature. If signing is required and neither you nor your authorised representative is at the delivery address to take delivery, you will be notified, generally by the delivery company leaving a card to arrange alternate delivery or pick-up arrangements. If contact is not made within a couple of days, your order will be returned to us. You will be responsible for all re-delivery fees.  

d. Title: Title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

7. Discount Codes and Promotions: We may from time to time offer promotional discount codes, which may be applicable to goods on the Site, and must be entered at the time of submitting your Order. The conditions of use relating to any discount code will be specified at the time that it is issued.

8. Consumer Guarantees, Return, Refund and Exchange Policy

(a) Seller’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).  Nothing in the Sale Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.

(b) If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."

(c) We do not provide exchange or refunds on any of our sale, discount code promotions, clearance or reduced price items.

(d)  We do not give refunds if you change your mind or make a wrong decision, but in exceptional cases if it is deemed appropriate by Party Kit 'n Kaboodle, returns of this nature will be subject to a 25% restocking fee.  Where goods are faulty or have been wrongfully described, you will be given either a refund, exchange or credit.

(e) If your item has a manufacturing defect, we will refund or replace (subject to availability) the item. If you wish to seek repair, replacement or a refund for a product, you need to report to us within two (2) days of the receipt of your order and we will explain the requirements to you.  This may include having you return the item for assessment, and it must be returned in the original sealed packaging.

(f) We accept no liability for goods which are damaged in transit  but please do notify us. For orders delivered via Australia Post, please contact them directly regarding any transit damage.

(g) If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under the Sale Terms.  Any refund we make will be by the same payment method used to purchase the product.

(h) Subject to this clause, we will not accept for return any product that has been used, connected, installed, attempted to be connected or installed, or if your product is custom-made or is a special buy product. For hygiene reasons, we will not accept for return any hats, masks, jewellery or any article which can be worn, or any food utensil or vessel.

(i) You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. All original items including packaging must also be returned.

(j) You have a duty of care for the product while it is in your possession.  If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition.  In these circumstances, where a repair is not economically viable, no refund will be made.

9. Disclaimer and Limitation of Liability:

(a) While the information and material contained on the Site is believed to be accurate and current, it is provided by Party Kit ‘n Kaboodle in good faith on an "as is" basis, and Party Kit ‘n Kaboodle and the directors, officers and employees of Party Kit ‘n Kaboodle accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.

(b) Certain legislation including the ACL, Consumer and Competition Act 2010 (Cth), similar State or Territory legislation in Australia and similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified (Rights).

(c) Use discretion when choosing products for use by children; age recommendations are to be used as a guide only as each child’s developmental age varies. A number of products sold by Party Kit 'n Kaboodle have age recommendations, these age recommendations are contained on the products packaging. Some small items may pose a choking hazard for young children. We recommend that children be supervised by an adult when playing with products purchased from Party Kit 'n Kaboodle. Generally, items are not recommended for children under 3.

Product warnings include but are not limited to the following:

WARNING: CHOKING HAZARD Keep children away from plastic bags

WARNING: CHOKING HAZARD This toy is a small ball. Not for children under 3 years.

WARNING: CHOKING HAZARD Toy contains a small ball. Not for children under 3 Years. Ball may contain latex which is known to cause allergic reactions in some people.

WARNING: CHOKING HAZARD Small parts. Not for children under 3 years.

WARNING: CHOKING HAZARD Children under 8 years can choke or suffocate on uninflated or broken balloons. Adult supervision required. Keep uninflated balloons from children. Discard broken balloons at once. Item contains latex which is known to cause allergic reactions in some people. Use with caution

WARNING: CHOKING HAZARD Item contains a functional sharp pin. Not recommended for children under 4

PLASTIC DRINKWARE/TABLEWARE Wash thoroughly before and after each use

WARNING: CHOKING HAZARD Small parts. Not for children under 3 years. CRAFT KITS/FOAM SHAPES Containing many pieces of all shapes and sizes and made from a variety of different sturdy materials, some of which include sharp edges or points, including glass beads, ceramics or metals. Activity may require weaving, beadwork, knotting or special glue.

WARNING: CHOKING HAZARD Small parts. Not for children under 3 years. STAMPERS Safe and non-toxic. Possibility of items staining clothing and other surfaces. Use under adult supervision.

(d) We accept no liability or responsibility for any loss, injury or damage to persons or property caused by age recommendations, discretion or supervision not being adhered to. Products available from Party Kit 'n Kaboodle are to be used only for their intended use and we accept no responsibility or liability for any misuse of products that cause any damage, injury or loss to persons or property.

(e) We reserve the right to alter, add or delete products from our current range without notice.

(f) We exclude all implied conditions and warranties except for your Rights, to the extent permitted by law, including but not limited to:

i. Party Kit ‘n Kaboodle expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Sale Terms;

ii. Party Kit ‘n Kaboodle does not warrant that the Site or your access to the Site will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;

iii. Party Kit ‘n Kaboodle expressly disclaims that it operates any website other than this website. This website may contain links to third party websites. Party Kit ‘n Kaboodle does not make any representations as to the contents of any third party websites, is not responsible for, and will not be liable for the content of any third party websites;

iv. Party Kit ‘n Kaboodle takes no responsibility for, and will not be liable for, the Site or the products being unavailable; and

v. Party Kit ‘n Kaboodle  will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or the Sale Terms, even if Party Kit ‘n Kaboodle was expressly advised of the likelihood of such loss or damage.

(g)              Our total liability arising out of or in connection with the products, the services or the Sale Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under the Sale Terms.

10. Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Sale Terms.

11.General:

(a) Copyright: The Party Kit ‘n Kaboodle logo is subject to copyright and may not be copied or reproduced in any way, nor may you copy, store, alter or reproduce any information or material contained on this website without written permission from us.

(b) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

(c) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.

(d) Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Sale Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.

(e) Notice: Any notice in connection with the Sale Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

(f) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Sale Terms will not be taken to be a waiver of any existing or future rights in relation to the provision.  No waiver by us of any of the Sale Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

(g) Assignment: You must not assign any rights and obligations under the Sale Terms whether in whole or in part without our prior written consent.

(h) Severability: If any of the Sale Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(i) Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of Queensland. These Terms will be governed by the laws of Queensland, Australia and subject to the exclusive jurisdiction of the Queensland courts. The Site may be accessed throughout Australia and overseas. Party Kit ‘n Kaboodle makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

(j) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and Party Kit ‘n Kaboodle and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

Contact details:

For questions or notices, please contact us at:

C Watkins trading as

Party Kit ‘n Kaboodle (ABN 92 668 255 110)

PO Box 3383 Hervey Bay QLD 4655

 contact@partykitnkaboodle.com.au

Last update: 11 April 2014

 

 

Privacy Notice

WEBSITE PRIVACY POLICY

Party Kit 'n Kaboodle

This privacy policy sets out how Party Kit 'n Kaboodle uses, discloses and protects any personal information that you provide or that we collect, when you use this website or that we collect directly from you.

We are committed to ensuring that your personal information is protected. If we ask you to provide certain information by which you can be identified when using this website, it will only be used in accordance with this privacy policy and the Australian Privacy Principles. If you do not wish to provide personal information to us then you do not have to do so, but it may affect your use of this website or the products and services offered on it.

We may change this policy from time to time by updating this page. You should check this page regularly to ensure that you are at all times aware of the current policy. This policy is effective from 12 March 2014.

If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this website or any products and services offered on it.

Collection of personal information

We may ask you to provide the following information:

  • name;
  • job title;
  • contact information, including email address;
  • demographic information such as address, postcode, preferences and interests; and
  • other information relevant to customer surveys and/or promotions.

We do not collect sensitive information about visitors to our website.

As with most online businesses, we may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.

If we receive your personal information from third parties, we will protect it as set out in this Policy.

Use of personal information

We collect and use the personal information for purposes including:

  • to better understand your needs, enabling us to improve our products and services;
  • for internal record keeping;
  • to circulate promotional emails about new products, special offers or other information which we think you may find interesting;
  • direct marketing;
  • to contact you (by telephone, email, fax or mail) for market research purposes; and
  • to customise the website according to your interests.

Disclosure of personal information

We may disclose personal information:

  • for the purpose of providing services to customers;
  • to credit reporting agencies and courts, tribunals, regulatory authorities where customers fail to pay for goods or services provided by us to them;
  • to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
  • to third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located outside of Australia.

Where we disclose your personal information to third parties for these purposes, the third party will be obligated to use that personal information in accordance with this Privacy Policy.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used for direct marketing purposes; and
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at privacy@partykitnkaboodle.com.au.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you please write to Po Box 3383, Hervey Bay, Queensland, 4655, Australia or email us at contact@partykitnkaboodle.com.au. We will respond within a reasonable time. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at privacy@partykitnkaboodle.com.au. We will respond to any request within a reasonable time and will endeavour to promptly correct any personal information found to be incorrect so that the personal information is accurate, up to date, complete, relevant and not misleading.

Complaints

If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach then please email us at contact@partykitnkaboodle.com.au setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

Storage and Security

We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies & Web Beacons

We may use cookies on this Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie.

We may use web beacons on this Site from time to time. Web beacons or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

Links to other websites

Our website may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by this Privacy Policy.

Amendments to this policy

This policy may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.