Website Terms & Conditions
Welcome to the website of King Island Pure Pty Ltd (ABN71 163 919 417) ("we", "us",
“King Island Pure” or the "Company"), King Island Pure is the direct to consumer ecommerce platform for the sale of King Island Pure Manuka Australian honey.
This website is located on the web via the domain https://kingislandpure.com.au and includes all of the files located in that domain ("Site"). Please carefully read the Terms and Conditions &
1. ACCESS AND USE OF THE SITE
1.1 You must only use the Site in accordance with these Terms and Conditions and any applicable
Conditions"). These Website Terms and Conditions constitute a binding agreement between you and
the Company and govern your use of this site.
1.2 You must not (or attempt to):
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or
networks that host the Site;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and
extraction tools on the Site; or
(c) interfere (or attempt to interfere) with security-related or other features of the Site.
1.3 To place Orders and access some features of the Site, you must register an Account with us. To
register an Account, you must:
(a) give us accurate and current personal information including your name, address, and a valid email address.
(b) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
1.4 You are solely responsible for the activity that occurs on your Account (including Orders placed
using your Account), and you must keep your Account password secure. We are not responsible for
any unauthorised activity on your Account if you fail to keep your Account login information secure.
We may refer fraudulent or abusive or illegal activity to the relevant authorities.
1.5 You must not use another person’s Account without our, and/or the other person’s, express
permission. If you suspect or become aware of any unauthorised use of your Account or that your
password is no longer secure, you must notify us immediately and take immediate steps to re-secure
your Account (including by changing your password).
1.6 We do not warrant that the Site will be available at all times and without disruption and we provide. no warranties in relation to the content of any other website linked to or from our Site.
1.7 You must not link to our Site or any part of our Site in a way that damages or takes advantage of
our reputation, including but not limited to
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or
approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.
As part of these Website Terms and Conditions, your use of this site is also subject to our Privacy
Policy (located at https://kingislandpure.com.au/pages/privacy-policy), which is incorporated by reference into these Website Terms and Conditions.
1.9 Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you
represent and warrant to the Company that you are over the age of 18 years. Should the Company
suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
2. REGISTRATION AND ACCOUNT SECURITY
2.1 Requirement for registration
The Company reserves the right to make any parts of this site accessible only to users who have
2.2 Username and password
Upon registration with this site, you will be issued with a username and password to access your
account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative. You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
2.3 User information
In order to register an account with this site, you must agree to these Website Terms and Conditions
and provide the Company with:
- a valid email address;
- accurate billing and contact information (including your street address and the name and
telephone number of your authorised billing contact and administrator); and
- any other information that may be required by the Company during the registration process. You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you,
including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
2.4 Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by "bots" or
other automated methods are not permitted.
2.5 Approval of registrations
The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
3. OBLIGATIONS OF CLIENTS & USERS
3.1 Clients and Users must not:
(a) Engage in gross misconduct or behave in a manner that is offensive or inappropriate, having
regard to local laws, customs and observances, including by acting in a hostile, abusive or aggressive manner towards King Island Pure or any of the Company's staff, partners or suppliers;
(b) Supply, or attempt to supply false or misleading information, or make a misrepresentation, to
King Island Pure, distribute or on-sell King Island Pure products, in whole or in part, without the written permission of King Island Pure, or attempt to do any of those things.
(c) As a general comment, Clients and Users must operate at all times in conformity with the law,
with the norms of polite behaviour and the requirements of good faith, employing all due diligence and abstaining from using the Site in any way that may impede, damage or adversely affect the normal operation of the Site, or the goods or rights of King Island Pure, of its suppliers, of other Users or in general of any third party. Specifically, and without this implying any limitation of any kind of provisions of the previous section, Clients and Users shall, during their use of the Site, accept the following obligations:
(i) To provide truthful information in terms of the data requested in the registration form or the order
form, and to keep the said data updated.
(ii) Not to introduce, store or propagate on or from the Site any information or material that is
defamatory, insulting, obscene, threatening or xenophobic, or is of a type likely to incite to violence or to discrimination for reasons of race, sex, ideology or religion, or that in any way offends against
morality, public order, fundamental rights or public liberties, or against the honour, privacy or image of third parties, or in general against regulations currently in force.
(iii) Not to introduce, store or propagate through the Site any program, data, virus, or code, or any
other electronic or physical equipment that is likely to cause damage to the Site, to any of its services, or to any of the equipment, systems or networks of King Island Pure, of any other User, of King Island Pure suppliers, or in general of any third party.
(iv) Not engage in advertising activities or any form of commercial exploitation of the Site, and not to
use the contents and information contained on the Site to transmit advertising, or to send messages
with any other commercial purpose in mind, or to collect or store the personal data of third parties.
(v) Not to use false identities, or to supplant the identity of others when using the Site or any of its
services, including the use if required of passwords or access codes belonging to third parties, or in
any other way.
(vi) Not to destroy, alter, use for the User’s own purposes, render unusable or damage the data,
information, programs or electronic documents belonging to King Island Pure, to our suppliers or to third
(vii) Act in any other way which breaches these Terms and Conditions. If an existing Client or User commit a material breach of any of the Terms and Conditions, or has failed to pay an account, King Island Pure may terminate any further relations, services with the Client or User. If King Island intends to take action the Company will notify the said person of its intention and the
reason for that action. The Client or User will then have 21 days to respond to this notice by rectifying the breach (where possible) and providing any reasons why King Island should not take action. King Island Pure will review the response and advise the said person of its position.
3.2 Prohibited conduct
Your use of this site is subject to the rules set out in Schedule 1 below.
3.3 Violations of these Website Terms and Conditions
Without limiting any other remedies available to the Company at law or in equity, the Company
reserves the right to, without notice temporarily or indefinitely suspend, or terminate, your access to
this site or refuse to provide products or services to you if:
- you breach any provision of these Website Terms and Conditions;
- the Company is unable to verify or authenticate any information that you provide to us; or
- the Company believes that your actions may cause damage and/or legal liability to the
Company, any of its customers or suppliers or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that the
Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these WebsiteTerms and Conditions.
4. ORDER AND FORMATION OF CONTRACT
When making an Order, you must follow the instructions on the Site as to how to make your Order
and for making changes to your Order before you submit it.
Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any
other charges, unless otherwise stated all charges are in Australian Dollars. You must pay for the Order in full at the time of ordering by one of the payment methods we provide
on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.
If you discover that you have made a mistake with your Order after you have submitted it to the Site,
please contact King Island Pure immediately, via the Site form on the Contact page of this Site. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will
only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(a) unavailability of stock or we may offer you an alternative product (in which case we may require
you to re-submit Your Order); or
(b) we suspect that you might on sell our Products to other consumers.
Until the time when we accept your Order, we reserve the right to refuse to process your Order and
you have the right to cancel your Order. If we or you have cancelled your Order before it has been
accepted, we will promptly refund any payment already made by you to your original payment
4.1 Order constitutes offer
By placing an order through this site, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Website Terms and Conditions.
Information contained in this site constitutes an invitation to treat only. No information in this site
constitutes an offer by us to supply any products/services to you – however, the Company will
endeavour to supply your selected products/services to you.
We will not commence processing any order made through this site unless and until:
- payment for the order has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to
verify the bona fides of each order for the purpose of preventing credit card and other fraud.
- We reserve the right at our discretion to:
- at any time prior to your order being accepted in accordance with these Website Terms and
Conditions, cancel all or part of your order; and
- at any time:
* refuse to provide products or services to you;
* terminate your access to this site; and/or
o remove or edit any content on this site.
4.2 Acceptance of orders
Acceptance of each order will take place if and when the Company:
- in the case of physical items, sends the requested items to you, at the time at which the items
are despatched by the Company, and title to, and risk in, the items will pass from the Company to you at that time. After the items have been sent, we will send you an email
confirming that shipment has taken place; or
- in the case of services, either:
* provides the services to you, at the time at which the Company commences providing
the services; or
* notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.
5. PAYMENT METHODS
Payment for orders placed through this site may be made by credit card processed online, using the
secure PayPal payment gateway or using a PayPal account.
5.1 Secure payment gateway
The Company uses Shopify as a payment gateway and may use third party websites and other
payment gateways for its secure online payment transactions. Payments made through Shopify and
Unless you expressly consent otherwise, we do not see or have access to any personal information
that you may provide to Shopify, or third party websites, other than information that is required in
order to process your order and deliver your purchased items to you (eg, your name, email address
and billing/postal address).
We are not responsible for examining or evaluating the content or accuracy and we do not warrant
and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them
before you engage in any transaction. complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
5.2 Credit and debit card payments
It is not necessary to have a PayPal account in order to make a purchase on this site. PayPal accepts
all major credit and debit cards. Please note that we may be unable to accept credit cards issued by
banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit
card, in which case the additional charges will be specified at checkout.
5.3 Refunds and other remedies
Except as expressly provided otherwise in these Website Terms and Conditions, all amounts paid
through this site are non-refundable. Further information on the steps that the Company will take to
remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms and Conditions below. For more information
about obtaining refunds from third party suppliers, see the paragraphs headed "Refunds from
suppliers" in these Website Terms and Conditions below.
While PayPal and our website hosting providers employ secure technology for transactions with our
customers, we will not be responsible for any damages, including consequential losses (whether
direct or indirect), that may be suffered by a customer whose credit or debit card or bank account
information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or
other identification documentation, as part of our internal validation procedures. These procedures
help protect bank and credit card account holders from online fraud. Until your order has passed our
internal fraud prevention checks, your order will remain on pending status. If further information is
requested and you do not provide the requested information within such time as the Company
considers appropriate at its discretion, your order will be cancelled and, if your payment has been
received, it will be refunded back to you.
We aim to deliver the finished product to you at the place of delivery requested by you within 2-8
(standard delivery) days from the date of payment in Australia (excludes WA). At the time of your Order, we will provide you with an estimated delivery time but we cannot guarantee any firm delivery dates. King Island Pure guarantees delivery except in situations, events or circumstances that are beyond our control (customer is not available,
adverse weather conditions, errors in shipping information, local custom procedures, public holidays, etc.).
We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the
extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges
or expenses arising out of late delivery.
Shipping is free for orders over a total value of AUD $250.00 in Australia (excludes WA) and AUD$650 for international orders outside of Australia. For orders below this value standard shipping costs will be displayed at time of check-out.
We ship DDU (Delivery Duty Unpaid) to destinations outside Australia. As the recipient, you are liable
for all import duties, customs and local sales taxes levied by the country you are shipping to; payment
of these is necessary to release your order from customs on arrival. We are unable to advise or predict this amount. You alone shall be responsible for payment of any such import duties and taxes.
Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are
destined. We will not be liable or responsible if you break any such law.
You may grant us an 'authority to leave' when placing your Order. If you do, you understand and
agree that this authority to leave gives us and/or our couriers permission to leave the Order in
question unattended by the front door – or, where applicable, at the reception or concierge's desk, or
as per your instructions – of the delivery address without obtaining a signature confirming delivery at
the delivery location. In these circumstances, you understand and agree that by granting us authority
to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and
left unattended, and that this responsibility and liability transfer to you on delivery.
You must ensure that you are able to take delivery of the product without undue delay and at any time
reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on
either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(b) no longer make the product available for delivery or collection and notify you that we are
cancelling the applicable Contract, in which case we will refund to you or your credit or debit card
company as applicable any money paid to us, less our reasonable administration charges and less
any sunk costs for fabrics, materials and labour for creating a custom tailored garment (including for
attempting to deliver and then returning the product, and any storage fees as provided for above).
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will
inform you using the contact details that you provide to us when you make your Order and arrange for
cancellation of the Order or delivery to an alternative delivery address. Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is
delayed, risk shall pass at the date when delivery would have occurred. From the time when risk
passes to you, we will not be liable for loss or destruction of the product.
You must take care when opening the product so as not to damage it, particularly when using any
The Company reserves the right to change the prices for products/services displayed in this site at any time before you place an order.
7.1 Shipping costs
Shipping costs will depend upon the location for delivery and the items purchased and are shown
separately during checkout.
GST is not payable for orders delivered within Australia for this product.
We may terminate a Contract if the product is not available for any reason. We will notify you if this is
the case and return any payment that you have made. We will usually refund any money received
from you using the same method originally used by you to pay for the product. Please note,
depending on the payment method used, refunds may take up to 10 business days to be received
back into your account.
If you wish to cancel your order, please contact King Island Pure
via https://kingislandpure.com.au/pages/contact-us within 24 hours of the date of purchase. No
cancellation fees will apply. After 24 hours we cannot cancel the order as its production has begun
and costs incurred, including: cut/trim of fabrics and tailoring time.
9. OVERSEAS TAXES, GST, CUSTOMS CHARGES AND DUTIES
As our Site is based in Australia, we charge you for your order in Australian dollars. The actual price
charged to Overseas clients will be subject to the exchange rate applied by the client's credit or debit card company. Please note orders which are shipped to countries outside of Australia may incur GST, customs charges and duties charged by the local Customs Service once the parcel reaches its destination port and must be paid by the recipient directly to the local Customs Service or its authorised service provider. We are not responsible for and will not reimburse any of these GST, charges or duties. For the purposes of overseas Client purchases' Taxes are not included. Our product costs are exclusive of any taxes, duties or other local governmental levies or
any financial charges. You agree to pay and be responsible for any taxes, duties, levies or charges
For Australian residents please note this product is not subject to GST in Australia.
10. AFTER-SALES POLICY & REFUNDS.
King Island Pure Pty Ltd ensures that the product leaves our facility in sale worthy condition, with an intact induction seal, tamper proof lid and unmarked gift box.
King Island Pure does not accept claims that the products MGO level expressed in milligrams per kilogram is not that which is stated on the label.
Manuka Honey is a creamed product. At times a thin layer of foam may appear on top of the honey. This is normal and is not a basis for return.
11. FAULTY PRODUCT RETURNS
Should the product and package arrive damaged, please take photographic evidence immediately of the damage and email these photographs to firstname.lastname@example.org.
Repack the damaged item in suitable packaging and return to the following address:
King Island Pure Pty Ltd, Unit 32, 14 Loyalty Road, North Rocks 2151 NSW Australia.
Should King Island Pure validate the damage claims, we undertake to replace the goods within 2 weeks of receipt of the returned product.
12. CHANGE OF MIND RETURNS
We do not offer change of mind returns.
13. INTELLECTUAL PROPERTY
In these Website Terms and Conditions, the term "Proprietary Content" means:
- this site;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by the Company in connection
with the products and services offered through this site (whether hosted on the same server
as this site or otherwise).
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms and Conditions or with the prior written consent of the Company or other copyright
owner (as applicable).
You may download and print out content from this site only for your own personal and non-
commercial use and provided that you do not remove or modify any copyright, trademark or other
The Company’s logo is a trademark of the Company. The look and feel of this site (including all button
icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
13.3 User Content
In these Website Terms and Conditions, the term "User Content" means any and all content that is
submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat
room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. The
Company reserves the right to display, refuse to display, remove and/or amend all or any part of any
User Content at its absolute discretion. In respect of any User Content that you upload, you:
- represent and warranty to the Company that your sharing of that User Content does not
infringe any copyright or other legal right of any other person; and
- grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-
licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare
derivative works of, publicly display, publicly perform and otherwise exploit all or any part of
that User Content in any way at the Company’s absolute discretion.
13.4 Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or
control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged
infringement to us in writing.
Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material.
If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable.
If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party.
If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
14. DISCLAIMER AND LIABILITY
To the maximum extent permitted by law, the company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this site and any products and/or services purchased or obtained through this site, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement. This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth,
availability, accuracy or completeness of this site or any of its content, and in particular do not
represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted or error-free or operate in combination
with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable,
accurate, complete or up-to-date;
- the quality of any products, services, information or other material purchased or obtained
through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.
15.1 Exclusion of liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any
loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or
otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive,
exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill)
arising directly or indirectly out of, or in connection with, these Website Terms and Conditions or the
use of this site by you or any other person.
15.2 Remedies limited
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion) in the case of goods, to any of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
You agree that your use of this site is at your own discretion and risk. You agree to release the
Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website
Terms and Conditions or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
15.4 Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website
Terms and Conditions, the Company excludes liability for any delay in performing any of its obligations under these Website Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
15.5 Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian
Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with
the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
You indemnify and hold harmless the Company and its officers, employees, agents, consultants,
licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising
out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available
through this site;
- your use of, or connection to, this site; or
- your negligence or misconduct, breach of these Website Terms and Conditions or violation of
any law or the rights of any person.
17. MEDIATION AND DISPUTE RESOLUTION
In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good
faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation
in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and
18.1 Entire agreement
These Terms and Conditions contain all the terms agreed between the parties regarding its subject
matter and supersedes and excludes any prior agreement, understanding or arrangement between
the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms and Conditions except as expressly stated in these Terms and Conditions. However,
the service and products are provided to you under our operating rules, policies, and procedures as
published from time to time on the Site.
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under
these Terms and Conditions. We shall have the right to assign or otherwise delegate all or any of our
rights or obligations under these Terms and Conditions to any person
18.3 No waiver
No waiver by us of any default of yours under these Terms and Conditions shall operate or be
construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.
Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall
be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
18.5 Third party rights
All provisions of these Terms and Conditions apply equally to and are for the benefit of King Island Pure, its subsidiaries, any holding companies of King Island Pure, its (or their)
affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms and Conditions may be varied or rescinded without the consent of those parties).
The provisions of clauses that either are expressed to survive its expiry or termination or from their
nature or context it is contemplated that they are to survive such.
If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that
provision shall be deemed severed and where capable the validity and enforceability of the remaining
provisions of these Terms and Conditions shall not be affected.
18.8 Governing law
These Terms and Conditions (and all non-contractual relationships between you and us) shall be
governed by and construed in accordance with the law of New South Wales and both parties hereby
submit to the jurisdiction of the courts of New South Wales, Australia.
18.9 Change of the Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these
Terms and Conditions will be posted online. However, continued use of the Site will be deemed to
constitute acceptance of the new Terms and Conditions.
19. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions unless the contrary intention appears:
Account means the account that you will need to register for on the Site if you would like to submit an Order on the Site in accordance with clauses 1 to 4 of these Terms and Conditions;
Confirmation of Order means our email to you, in which we accept your Order;
Contract means the sale of goods agreement between you and us for the supply of products you
have ordered in accordance with these Terms and Conditions;
Delivery means the process of delivery set out in these Terms and Conditions;
Delivery Fee means any charges you are liable to have the products delivered to the address
provided by you; GST means the Goods and Services Tax;
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or
any other cause of action whatsoever relating to or arising under or in connection with these Terms
and Conditions, including, without limitation, liability expressly provided for under these Terms and
Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and
Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract);
Order means the order submitted by you to the Site to purchase products from us.
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of
these Terms and Conditions.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender
shall include every gender and references to persons shall include an individual, company,
corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships,
bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.
(e) Currencies in this document are ($AUD) are a reference to Australian Dollars unless otherwise
SCHEDULE 1 PROHIBITED CONDUCT
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the
proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this site for use in constructing or populating
any database that is searchable online or for the purpose of soliciting or sharing reviews; interfere with the display of any advertisements appearing on or in connection with this site; reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company's prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
* abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
* libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
* infringing upon or violating any copyright, trademark, patent or other intellectual
property or proprietary right;
* in breach of any duty of confidentiality by which you are bound, whether by way
of a fiduciary or contractual relationship;
* in breach of any person’s privacy or publicity rights;
* a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
* in violation of any applicable law, statute, ordinance or regulation, or
encouraging of others to do so;
* containing any political campaigning material, advertisements or solicitations; or
* likely to bring the Company or any of its staff into disrepute.
END OF KING ISLAND PURE PTY LTD TERMS & CONDITIONS AS AT 23 OCTOBER 2023.