Terms of use

Last updated: 25th of October 2015

The following Terms and Conditions of Use (the "Terms of Use") apply to the Kind is Kind website ("the Site") and the services available on or at the Site (taken together with the Site, the "Service"), located at https://kindiskind.com. The Site is the property of Cut x Sew. The Service is offered subject to your ("User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Kind is Kind – including, without limitation, Returns Policy, Privacy Policy and others.

Please read these Terms of Service carefully before accessing or using our website. By using the Site, you are deemed to have read and agreed to these terms of use; if you do not agree, do not use the Site.

Kind is Kind reserves the right, at its sole discretion, to change modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Kind is Kind grants you personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All content and all intellectual property which included text, graphics, user interfaces, visual interfaces, photographs, trademarks (registered or unregistered), logos, icons and computer code (collectively "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Kind is Kind, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

All Kind is Kind content displayed on the Website whether past, present or future may not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Kind is Kind’s express prior written consent. Your right to use Kind is Kind Content is limited only to those rights expressly set out in the Terms of Use.

Use of the Website

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, have full and due capacity, or have consent from a legal guardian. Any legal guardian authorising the use of the Website by a minor agrees to be bound by these Terms of Use and liable for the conduct of the minor and payment for any Order placed. If we determine that an order has been placed by a minor without consent we may, in our sole discretion, cancel that order, contact the customer for authorisation to proceed or refuse to fulfil the order.

You are solely responsible for all activity that occurs using your payment details and solely responsible to keep access to those details and any passwords secure. You agree to indemnify and keep indemnified Kind is Kind against any claims or loss arising because of the unauthorised access to your payment details or passwords.

You may not use the Site, any Content or our products for any illegal, unauthorized or purpose prohibited by the Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Kind is Kind, and all applicable laws in your jurisdiction.

You must not transmit any worms or viruses or any code of a destructive nature.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Kind is Kind server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Kind is Kind, including any Kind is Kind Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Kind is Kind systems or networks, or any systems or networks connected to the Site or to Kind is Kind.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Purchases

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Kind is Kind’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Kind is Kind may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Kind is Kind makes no commitment to update the materials on the Site with respect to such products and services. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Shipping & Returns

Once you have clicked on the "confirm" button, it is not possible edit or cancel your order. If you want to change some parameters, please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member's account for Products claimed as damaged or not received are subject to Kind is Kind investigation and discretion.

Kind is Kind will review replacement/return requests, if there will be missing or damaged Products, or an error if it is Kind is Kind’s fault. Kind is Kind is not responsible for incorrectly provided Customer details, therefore the extra payment will be applied.

Description of Products

We always try to represent each design as accurately as possible, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate. We reserve the right to amend the specifications of, but not limited to, Products, their price and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.

Customer Care

We strive to offer the best customer service for all of our users. Please feel free to contact us at support@kindiskind.com with any questions or concerns and we will be happy to help!

Online Accounts, Passwords & Security

Certain features or services offered on or through the Site may require you to open an Account (including setting up an Kind is Kind username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Kind is Kind immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Kind is Kind or any other user of or visitor to the Site due to someone else using your Kind is Kind username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's Kind is Kind username, password or account at any time without the express permission and consent of the holder of that Kind is Kind ID, password or account. Kind is Kind cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Accuracy, Completeness & 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.

Privacy Statement

Your privacy and the protection of your data is very important to us and is governed by our Privacy Policy. By continuing to use the Site you acknowledge that you have read in full and agree with the terms of the Privacy Policy and consent to the collection, use, retention and disclosure of personal information as well as other matters outlined in the Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Third Party Sites

The Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Kind is Kind’s control, and Kind is Kind is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Errors, Inaccuracies & Omissions

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

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. 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.

Disclaimers

Kind is Kind does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. Kind is Kind cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Kind is Kind disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Kind is Kind disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Kind is Kind services. You assume total responsibility for your use of the site and any linked sites. your sole remedy against Kind is Kind for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties. Kind is Kind reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to modify or change the Site, or any portion of the Site, and any applicable policies or terms; to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Kind is Kind be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Kind is Kind has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold Kind is Kind, its officers, presidents, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Kind is Kind by any third party due to or arising out of or in connection with your use of the Site.

Violations of These Terms of Use

Kind is Kind may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Kind is Kind’s rights or property, or the rights or property of visitors to or users of the Site, including Kind is Kind’s customers. Kind is Kind reserves the right at all times to disclose any information that Kind is Kind deems necessary to comply with any applicable law, regulation, legal process or governmental request. Kind is Kind also may disclose your information when Kind is Kind determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Kind is Kind may preserve any transmittal or communication by you with Kind is Kind through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Kind is Kind determines that such preservation or disclosure is reasonably necessary to

  1. comply with legal process
  2. enforce these Terms of Use
  3. respond to claims that any such data violates the rights of others
  4. protect the rights, property or personal safety of Kind is Kind, its employees, users of or visitors to the Site, and the public

You agree that Kind is Kind may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Kind is Kind, for which monetary damages would be inadequate, and you consent to Kind is Kind obtaining any injunctive or equitable relief that Kind is Kind deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Kind is Kind may have at law or in equity. You agree that Kind is Kind may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to)

  1. requests by law enforcement or other government agencies
  2. a request by you (self-initiated account deletions)
  3. discontinuance or material modification of the Site or any service offered on or through the Site
  4. unexpected technical issues or problems

If Kind is Kind does take any legal action against you as a result of your violation of these Terms of Use, Kind is Kind will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Kind is Kind. You agree that Kind is Kind will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law & Dispute Resolution

If a dispute arises between you and Kind is Kind, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the state of Victoria, Australia. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.

Void Where Prohibited

Kind is Kind administers and operates the www.kindiskind.com Site from its location in Australia; other Kind is Kind sites may be administered and operated from various locations outside of Australia. Kind is Kind reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside of Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Kind is Kind with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Kind is Kind with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Kind is Kind, Kind is Kind will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Kind is Kind’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Kind is Kind of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Kind is Kind and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback & Questions

Any feedback you provide at this site shall be deemed to be non-confidential. Kind is Kind shall be free to use such information on an unrestricted basis.

If you have any feedback or questions please send us an email on info@kindiskind.com