Terms of service
Welcome to KOOLETÉ ACTIVE. These Terms of Service ("Terms") apply to your access to and use of the KOOLETÉ ACTIVE website, online store, products and related services (collectively, the "Services").
In these Terms, "KOOLETÉ ACTIVE", "we", "us" and "our" means KOOLETÉ ACTIVE, the business operating this website and selling products through the Services.
Our online store is powered by Shopify, which provides the technology and infrastructure that enables us to operate our online store.
By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you should not use the Services.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other applicable law where those rights cannot lawfully be excluded, restricted or modified.
SECTION 1 — ELIGIBILITY AND ACCOUNT
By using the Services, you represent that you are legally capable of entering into a binding agreement under applicable law.
If you are under the age required to enter into contracts in your jurisdiction, you may only use the Services with the involvement and permission of a parent or legal guardian where required by law.
When you place an order or create an account, you may be required to provide information including your name, email address, billing information, payment information and shipping address.
You agree that all information you provide to us is accurate, current and complete and that you have the right to provide that information.
You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account.
You must notify us promptly if you believe your account or account credentials have been accessed or used without your authorisation.
We reserve the right to suspend or terminate an account where we reasonably believe that the account has been used unlawfully, fraudulently or in breach of these Terms.
SECTION 2 — OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, photographs, colours, sizing information and other product information displayed through the Services are accurate and current.
However, colours displayed on your device may vary depending on your device, screen settings and other technical factors.
Minor variations in colour, texture, finish or appearance may occur between product images and the product you receive.
Nothing in this section limits your rights under the Australian Consumer Law.
We reserve the right to update product descriptions, discontinue products and change product availability from time to time.
Where a product is unavailable after you have placed an order, we will contact you and, where appropriate, provide a refund or other remedy in accordance with applicable law.
SECTION 3 — ORDERS AND ACCEPTANCE
When you place an order through the Services, you are making an offer to purchase the products selected by you.
After you submit an order, you will generally receive an order confirmation email acknowledging that we have received your order. This confirmation does not necessarily mean that your order has been accepted.
An order is accepted when we confirm acceptance of the order or otherwise begin processing the order for fulfilment.
We reserve the right to decline or cancel an order where permitted by law, including where:
- a product is unavailable;
- there is an obvious pricing or product-description error;
- we reasonably suspect fraudulent or unlawful activity;
- we are unable to verify payment; or
- we are unable to fulfil the order for another legitimate reason.
If we cancel an order after payment has been received, we will refund the amount paid for the cancelled order.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
You agree that products purchased through the Services are for personal or household use and not for unauthorised resale or commercial distribution.
SECTION 4 — PRICES AND PAYMENT
All prices displayed through the Services are in Australian dollars unless otherwise stated.
Prices may change from time to time. The price applicable to your order will generally be the price displayed at the time you place your order.
Where applicable, prices will include GST in accordance with Australian tax law.
Shipping charges and other applicable charges will be displayed during checkout where reasonably practicable.
We may offer discounts, promotional codes and other promotions from time to time. Additional terms may apply to particular promotions.
Promotional terms will apply to the extent that they are inconsistent with these Terms.
You agree to provide accurate and current payment and billing information.
You represent that you are authorised to use the payment method provided for your purchase.
If a payment is declined or cannot be processed, we may delay or cancel the order until payment has been successfully processed, subject to your rights under applicable law.
SECTION 5 — SHIPPING AND DELIVERY
We will provide available shipping options and estimated delivery timeframes during checkout or through our shipping information.
Delivery timeframes are estimates only and may vary due to circumstances including carrier delays, weather, customs processing, public holidays, incorrect delivery information or other circumstances outside our reasonable control.
We will take reasonable steps to assist you where an order is delayed or lost in transit.
If a product you have paid for is not delivered within a reasonable time, you may have rights under the Australian Consumer Law. We will work with you to provide an appropriate remedy where required by law.
You are responsible for providing an accurate delivery address.
If you provide an incorrect or incomplete address and the carrier is unable to deliver the order as a result, you may be responsible for reasonable additional delivery costs, to the extent permitted by law.
Nothing in this section limits your rights under the Australian Consumer Law.
SECTION 6 — RETURNS, REFUNDS AND CONSUMER GUARANTEES
Our returns and refunds process is described in our Refund and Returns Policy.
Our Refund and Returns Policy does not replace or limit your rights under the Australian Consumer Law.
Australian Consumer Law consumer guarantees apply automatically to eligible purchases. These guarantees include requirements relating to acceptable quality, fitness for purpose, matching description and other statutory rights.
If a product does not meet a consumer guarantee, you may be entitled to a remedy such as a repair, replacement, refund, cancellation or compensation, depending on the circumstances and applicable law.
Our voluntary change-of-mind return policy, if any, is separate from your statutory consumer guarantee rights.
We may require reasonable information from you to assess a product issue, including proof of purchase, photographs or information about the problem.
Nothing in these Terms requires you to waive any rights or remedies that cannot legally be waived.
SECTION 7 — INTELLECTUAL PROPERTY
The Services and their contents, including our name, logo, trademarks, product designs, photographs, graphics, text, videos, audio, layouts, product descriptions and other materials, are owned by or licensed to KOOLETÉ ACTIVE or its relevant licensors.
You may access and use the Services for your personal, non-commercial purposes.
Unless permitted by law or with our prior written permission, you must not:
- reproduce substantial portions of the Services;
- copy or commercially exploit our content;
- modify or create derivative works from our content;
- reproduce our product photographs or other creative materials for commercial purposes;
- remove copyright, trademark or other proprietary notices; or
- use our trademarks or branding without permission.
All rights not expressly granted to you are reserved.
Nothing in these Terms grants you ownership of any KOOLETÉ ACTIVE intellectual property.
SECTION 8 — THIRD-PARTY SERVICES AND LINKS
The Services may contain links to or integrations with third-party websites, applications, payment providers, social media platforms and other services.
Third-party services may have their own terms and privacy policies.
We do not control third-party services and, to the extent permitted by law, are not responsible for their content, availability, policies or practices.
Where you use a third-party service, you do so subject to the terms applicable to that service.
Nothing in this section limits any rights you may have under applicable Australian law.
SECTION 9 — SHOPIFY
Our online store is powered by Shopify.
Shopify provides the technology and infrastructure that enables us to operate the Services. However, purchases made through our online store are transactions between you and KOOLETÉ ACTIVE.
Shopify is not the seller of the products offered through our online store.
Your purchase, including any applicable consumer rights, refunds, returns or product issues, is governed by your agreement with KOOLETÉ ACTIVE and applicable law.
SECTION 10 — PRIVACY
Your use of the Services is also subject to our Privacy Policy.
Our Privacy Policy explains how we collect, use, store and disclose personal information.
By using the Services, you acknowledge that you have read our Privacy Policy.
Because our store is operated using Shopify and may use other third-party service providers, personal information may be processed by those providers as necessary to operate the Services.
Further information about how your personal information is handled is available in our Privacy Policy.
SECTION 11 — CUSTOMER FEEDBACK AND USER CONTENT
If you submit reviews, comments, photographs, suggestions, ideas or other content to us ("User Content"), you grant KOOLETÉ ACTIVE a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, publish and distribute that User Content for purposes connected with operating, promoting and improving our business and Services.
You retain ownership of your User Content.
You represent that you have the necessary rights to submit the User Content and that your submission does not infringe another person's rights or breach applicable law.
You must not submit content that is unlawful, misleading, defamatory, abusive, obscene, discriminatory, fraudulent or infringing.
We may remove or refuse to publish User Content where we reasonably consider that it breaches these Terms or applicable law.
We do not guarantee that User Content will be maintained or published.
SECTION 12 — ERRORS AND OMISSIONS
We make reasonable efforts to ensure that information on the Services is accurate.
However, there may occasionally be typographical errors, inaccuracies or omissions relating to product descriptions, prices, availability, promotions, shipping information or other content.
Where permitted by law, we may correct errors and update information.
If an error affects an order you have placed, we will notify you where reasonably practicable and provide any remedy required by applicable law.
We will not rely on this section to avoid our obligations under the Australian Consumer Law.
SECTION 13 — PROHIBITED USE
You must use the Services lawfully and in accordance with these Terms.
You must not use the Services:
- for unlawful, fraudulent or malicious purposes;
- to infringe the rights of KOOLETÉ ACTIVE or another person;
- to interfere with the operation or security of the Services;
- to introduce viruses, malware or other harmful code;
- to attempt to gain unauthorised access to systems or accounts;
- to impersonate another person or entity;
- to submit false or misleading information;
- to interfere with another person's use of the Services;
- to conduct unauthorised scraping, data extraction or automated collection;
- to circumvent security measures or access restrictions; or
- for any purpose that is prohibited by applicable law.
We may restrict or terminate access to the Services where reasonably necessary because of unlawful, fraudulent, abusive or security-related activity.
SECTION 14 — AUTOMATED SYSTEMS AND AGENTS
You must not use automated systems, bots, crawlers, scraping tools or autonomous or semi-autonomous software to access or interact with the Services in a manner that:
- places an unreasonable burden on our systems;
- bypasses technical restrictions or security measures;
- collects information for unauthorised commercial purposes;
- interferes with the Services;
- impersonates a human user; or
- breaches applicable law.
We may use technical measures to limit or restrict automated access.
Nothing in this section prevents ordinary use of search engines or other automated services that access publicly available website content in accordance with applicable technical standards and our published access restrictions.
Where we expressly authorise an automated agent to access the Services, additional requirements may apply.
SECTION 15 — SUSPENSION AND TERMINATION
We may suspend or terminate your access to the Services where reasonably necessary, including where you materially breach these Terms, engage in unlawful or fraudulent activity, or create a security risk.
Where reasonably practicable, we will provide notice before terminating access, except where immediate action is reasonably necessary.
Termination does not affect rights or obligations that arose before termination.
Provisions that by their nature are intended to survive termination will continue to apply.
Nothing in this section limits any rights you may have under applicable law.
SECTION 16 — DISCLAIMERS
To the maximum extent permitted by law, information provided through the Services is provided for general information purposes.
We do not guarantee that the Services will always be available, uninterrupted or error-free.
However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, condition, right or remedy that cannot legally be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
Where a statutory guarantee or right applies, that guarantee or right prevails over any inconsistent provision of these Terms.
SECTION 17 — LIABILITY
To the maximum extent permitted by law, KOOLETÉ ACTIVE will not be liable for loss or damage arising from your use of the Services to the extent that the loss or damage was caused by circumstances outside our reasonable control.
Nothing in these Terms excludes, restricts or modifies liability where doing so would be unlawful.
In particular, nothing in these Terms excludes, restricts or modifies rights or remedies available under the Australian Consumer Law where those rights or remedies cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, we are not responsible for indirect or consequential loss arising from your use of third-party websites or services that we do not control.
SECTION 18 — YOUR RESPONSIBILITIES
You are responsible for your use of the Services and for complying with these Terms and applicable law.
You agree not to use the Services in a manner that causes unlawful harm to KOOLETÉ ACTIVE or another person.
Nothing in this section requires you to indemnify KOOLETÉ ACTIVE for matters arising from our own breach of law, negligence or other conduct to the extent that such liability cannot lawfully be transferred to you.
Where permitted by law, you may be responsible for reasonable losses directly caused by your unlawful use of the Services or your deliberate or fraudulent breach of these Terms.
SECTION 19 — SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.
Nothing in this section requires a provision to be enforced to the extent that doing so would breach applicable law.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
Our failure to enforce a provision of these Terms does not constitute a waiver of that provision.
These Terms, together with our Privacy Policy, Refund and Returns Policy and any other policies expressly incorporated into these Terms, form the agreement between you and KOOLETÉ ACTIVE regarding your use of the Services, subject to applicable law.
If there is an inconsistency between these Terms and a mandatory legal right, the mandatory legal right will prevail.
SECTION 21 — ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where permitted by law.
We may assign or transfer our rights and obligations under these Terms as part of a business sale, restructuring, merger or other legitimate business transaction, provided that doing so does not unlawfully affect your rights.
SECTION 22 — GOVERNING LAW
These Terms of Service and any separate agreements under which we provide the Services are governed by the laws of Western Australia and the applicable laws of Australia.
To the extent permitted by law, you agree that courts located in Western Australia will have jurisdiction over disputes arising from or relating to these Terms or the Services.
Nothing in these Terms is intended to exclude, restrict or modify any rights, guarantees, warranties, remedies or protections available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
SECTION 23 — HEADINGS
The headings used in these Terms are for convenience only and do not affect the interpretation of these Terms.
SECTION 24 — CHANGES TO THESE TERMS
We may update these Terms from time to time.
The most current version will be published on our website.
Where we make material changes, we will take reasonable steps to notify you where required by law.
Changes will generally apply from the date they are published or from another date specified in the notice.
Changes to these Terms will not retrospectively remove or reduce rights you have already acquired under applicable law.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 25 — CONTACT INFORMATION
If you have questions, concerns or complaints about these Terms or the Services, please contact us using the details below.
KOOLETÉ ACTIVE
Email: hello@kooleteactive.store
Business address: PERTH WESTERN AUSTRALIA 6112
Phone:+61 08 6491 9397
ABN: 64 419 901 585
If you have a complaint regarding a product or order, please contact us first so that we can try to resolve the matter directly.
Nothing in this section limits your right to contact a relevant Australian consumer protection authority or exercise any rights available under applicable law.
KOOLETÉ ACTIVE
Western Australia, Australia