Privacy
Any personal information that you submit on this site will be protected by our secure server. Personal
details provided to Kez's in the process of facilitating an order will
be used solely for the purpose of processing and dispatching the order
and for the purpose of maintaining sales records. If you provide your
personal details when subscribing as a member of the site, we might, on
occasions, use this information to notify you of any important changes
to our site or any special promotions that may be of interest to you.
However, Kez's Kitchen guarantees not to sell or trade your personal
information to any third party organisations or individuals. If any
changes to these policies should occur, we will notify our customers by
updating this section of our web site.
Kez's Kitchen
does not sell, trade, or rent your personal information to others.
Kez's Kitchen does not transfer this personal information overseas.
Kez's Kitchen may provide aggregate statistics about our customers,
sales, traffic patterns, and related site information to reputable
third-party vendors, but these statistics will include no personally
identifying information. Kez's Kitchen may release account information
when we believe, in good faith, that such release is reasonably
necessary to (i) comply with law, (ii) enforce or apply the terms of
any of our legal agreements or (iii) protect the rights, property or
safety of Kez's Kitchen, our users, or others. If any changes to these
policies occur, we will notify our customers by updating this section
of our web site.
Should an individual wish to make a complaint or inquiry about our
privacy policies, he/she should do either in writing or by phone or
email to info@kezs.com.au
Acknowledgment And Acceptance Of Terms And Conditions
The Kez's Kitchen Web site is owned and operated by Diamond Dell Pty Ltd ("Kez's Kitchen"). By
accessing, browsing or using this Web site, you agree to these terms,
conditions and disclaimers as amended from time to time ("Terms &
Conditions") and acknowledge and agree that you have read and
understood these Terms and Conditions.
Kez's Kitchen
may amend these Terms and Conditions from time to time. Any amendment
will be effective immediately upon notice by e-mail, conventional mail
service, or any other means of communication, including notification in
this section of this Web site. Your continued use of this Web site
after any amendment becomes effective constitutes an agreement by you
to abide by and be bound by these Terms and Conditions, as so amended.
Ordering Goods
Any order placed by you in the manner described in this Web Site is an
offer by you to purchase a particular product or service for the price
(including the delivery and other charges) specified in this Web Site
at the time you place your order. Kez's
Kitchen reserves the right to accept or reject your offer for any
reason, including, without limitation, the unavailability of any
product, an error in the price or the product description posted on
this Web Site, or an error in your order. There may be reason why Kez's
Kitchen cannot fulfil your order. Therefore, your contract with Kez's
Kitchen only comes into existence when Kez's Kitchen advises you that
it has accepted your order and receipt of your payment has been
confirmed.
Prices of products and services and
delivery and other charges displayed on this Web Site are current at
the time of issue, but may change at any time and are subject to
availability. The availability of products and services may change from
time to time.
Kez's Kitchen will retain title to the products you order until you have made payment in full for those products.
You are responsible for any taxes, duties or other liabilities imposed
by any governmental agency, including without limitation, any customs
duty, goods and services taxes or any value added tax imposed on any
products or services acquired or ordered by you from this Web Site.
User And Other Information Provided By You
You agree to:
· provide certain current, complete, and accurate information about yourself as prompted to do so by this Web site; and
· maintain and update this information as required to keep it current, complete and accurate.
Any order placed by you with this Web site must contain your name,
email address, mailing address, credit card name and number and the
expiry date of your credit card so that Kez's Kitchen can process your
order.
All information provided by you when you sign up to become a Member or
which you provide when placing an order is referred to in these Terms
and Conditions as "User Information". You grant to Kez's Kitchen the
right to disclose to third parties certain aspects of your User
Information, provided that such disclosures do not include your name,
mailing address, email address, account number or phone number, unless
you expressly direct Kez's Kitchen to disclose such information.
When you provide any User Information you are representing and
warranting that all of the information provided is true and correct and
are agreeing to indemnify Kez's Kitchen for any losses, costs, expenses
or damages that Kez's Kitchen may suffer if any of this information is
not correct.
You must not transmit or attempt to transmit any material of any kind
to this Web site which contains a virus, malicious computer code or
other harmful component or otherwise attempt to alter any of the
content on this Web site.
If any user information provided by you is incomplete or inaccurate or
you attempt to transmit any material of any kind to this web site which
contains a virus, malicious computer code or other harmful component or
you otherwise attempt to alter any of the content of this web site, or
you are otherwise in breach of these terms and conditions,
Kez's Kitchen retains the right to terminate your rights to use this
web site and to prosecute you to the fullest extent of the law. You
consent and agree to the disclosure by Kez's Kitchen to any law
enforcement agency in any jurisdiction that is investigating any breach
or suspected breach of any law in any jurisdiction of your identity or
other information provided by you to this Web site, upon being
requested to do so by that law enforcement agency.
Termination
Your ability to purchase products and services from this the Web site
may be terminated at any time by Kez's Kitchen without notice. All
restrictions, licenses and the like granted by you and all disclaimers
and limitations of liability by Kez's Kitchen will survive termination.
Should you object to any of these Terms and Conditions (including any
subsequent amendments), you must immediately discontinue use of this
Web site.
Alcohol
Alcohol is not permitted for sale or delivery to persons under the age
of 18 years. Your offer to purchase a hamper that contains alcohol is
an express acknowledgement by you that you are over the age of 18 years.
Security
Under accepted codes of conduct operating within the banking industry,
your bank cannot hold you liable for more than $50.00 of fraudulent
charges, unless your actions have contributed to the unauthorised use
of your credit card. In
the event of unauthorised use of your credit card, you must notify your
credit card provider in accordance with its reporting rules and
procedures.
Copyright
Unless otherwise indicated, copyright in the information on this Web Site is owned by Kez's Kitchen.
All rights reserved. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, re-sold or otherwise exploited
for any commercial purpose that is not expressly permitted by Kez's
Kitchen. You may download a single copy of the information on this Web
Site and, where necessary for its use as a reference, keep a temporary
copy in your computer's cache and make a single hard copy of that
information. Except as permitted under the Copyright Act 1968 (Cth) or
other applicable laws, no part of the information contained on this Web
Site may be otherwise reproduced, adapted, performed in public or
transmitted in any form by any process (graphic, electronic or
mechanical, including further copying, recording, taping or by a
storage and information retrieval system) without the specific prior
written consent of Kez's Kitchen.
Links To Other Websites
This site may contain links to Web sites maintained by other companies and organisations. Kez's
Kitchen does not make any representation as to the accuracy of
information contained on those Web sites and will not accept any
responsibility for the accuracy, ownership or any other aspect of the information contained on those other Web sites.
This Web site may also contain third party advertisements (including
banner ads and referral buttons) which contain embedded hyperlinks to
Web sites operated by third parties. All third party advertising is
paid for by the relevant third party advertisers and the placement of
third party advertisements on this Web site does not constitute a
recommendation or endorsement by Kez's Kitchen of the products or
services advertised. The third party advertiser is solely responsible
to you for any representations or offers made by it and for the
delivery of any goods or services you agree to purchase from any third
party Web site.
Third Party Copyright And Trademarks
Third party names, logos and icons identifying third party products and
services referenced herein are trademarks or registered trademarks of
their respective owners. All other product and/or brand or company names mentioned herein are copyrights and/or trademarks of their respective owners.
Virus Warning
Kez's Kitchen does not represent that any information (including any
file) obtained from or through this Web Site is free from computer
viruses or other faults or defects.
It is your responsibility to scan any such information for computer
viruses. Kez's Kitchen will not be liable to you or to any other person
for any loss or damage (whether direct, indirect, consequential or
economic), however caused and whether by negligence or otherwise, which
may result directly or indirectly from any such information. To the
extent that any applicable law that cannot be excluded imposes any
liability on Kez's Kitchen, that liability shall be limited to the cost
of re-supplying that information.
Release And Indemnity
You hereby waive, release, forgive, discharge and relinquish any and
all claims that you now have or may have against Kez's Kitchen, its
related bodies corporate, directors, employee, agents and
representatives which are connected with, arise out of, relate to or
are incidental to any transaction.
You hereby agree to indemnify, defend and hold Kez's Kitchen, its
related bodies corporate, directors, employees, agents and
representatives harmless from and against any and all claims, loss,
damage, tax, liability and/or expense that may be incurred by Kez's
Kitchen, its related bodies corporate, directors, employees, agents and
representatives arising out of or in connection with the performance of
its duties as described in these Terms and Conditions including the
legal costs, fees and expenses of defending itself against any claim by
any or all of the parties to any transaction and/or by any other person
and/or as a result of you taking any action or refraining from taking
any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Kez's Kitchen, its related
bodies corporate, directors, employees, agents and representatives
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of this
Web Site, the violation of these Terms and Conditions by you, or the
infringement by you, or other user of this Web Site using your user ID,
of any intellectual property or other right of any person or entity.
Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria. You
and Kez's Kitchen agree to submit to the exclusive jurisdiction of the
courts of the state of Victoria. If any provision(s) of these Terms and
Conditions is held by a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect. Kez's Kitchen's failure
to exercise or enforce any rights or provisions of these Terms and
Conditions shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Kez's Kitchen in writing.
Limitation Of Liability
Kez's Kitchen will in no way be liable for any direct, indirect,
incidental, special or consequential damages, resulting from your use
or your inability to use this Web Site or for the cost of procurement
of substitute products or services or resulting from any products or
services purchased or obtained or messages received or transactions
entered into through this Web Site or resulting from unauthorised
access to or alteration of your transmissions or data or of any
information contained on this Web Site, including but not limited to,
damages for loss of profits, use, data or other intangible, even if
Kez's Kitchen has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any
term, condition or warranty, and that Act avoids or prohibits
provisions in a contract excluding or modifying the application of or
exercise of, or liability under such term, condition or warranty, such
term, condition or warranty shall be deemed to be included in these
Terms and Conditions, however, the liability of Kez's Kitchen for any
breach of such term, condition or warranty shall be limited, at the
option of Kez's Kitchen, to any one or more of the following:
(a) |
if the breach relates to goods: |
(i) |
the replacement of the goods or supply of equivalent goods; |
(ii) |
the repair of such goods; |
(iii) |
the payment of the cost of replacing the goods or of acquiring equivalent goods; or |
(iv) |
the payment of the cost of having the goods repaired; and |
(b) |
if the breach to services: |
(i) |
the supplying of the services again; or |
(ii) |
the payment of the cost of having the services supplied again. |
Disclaimer
The information contained on this Web Site is provided by Kez's Kitchen in good faith on an 'as is' basis. The information is believed to be accurate and current at the date the information was placed on this Web Site.
None of Kez's Kitchen, its related bodies corporate, any of their
directors, officers or employees makes any representation or warranty
as to the reliability, accuracy or completeness of the information
contained on this Web Site (including in relation to any products or
services) and none of them accept any responsibility arising in any way
(including negligence) for errors in, or omissions from, the
information contained on this Web Site. To the fullest extent permitted
by applicable law, Kez's Kitchen disclaims all representations and
warranties, express or implied, including but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. Kez's Kitchen makes no warranty that the Web Site or
any products or services advertised on the Web Site will meet your
requirements, or that the Web Site will be uninterrupted, timely,
secure or error free.
None of Kez's Kitchen, its related bodies corporate, any of their
directors, officers, employees, shareholders or any of its Members,
while such Members are participating in Kez's Kitchen, are engaged in
or represent that they are engaged in rendering any legal, medical,
counselling or other professional advice or services. None of Kez's
Kitchen, its related bodies corporate, any of their directors,
officers, employees or shareholders shall be responsible or liable
(including negligence) for any loss or damage caused or alleged to be
caused, directly or indirectly, as a result of reliance by any person
on any of the information or ideas contained in, or referred to in this
Web site. Independent professional counselling or advice should be
independently obtained for any problem, situation or occurrence
peculiar to you or in relation to which you wish to rely.
You expressly acknowledge and agree that Kez's Kitchen does not control
other users of this Web Site or the suppliers of goods and services
purchased from this Web Site and Kez's Kitchen is therefore not liable
for their opinions or their behaviour, including any information or
advice provided by them or any defamatory statements made by them or
any offensive conduct on their part.
No advice or information, whether oral or written, obtained by you from
or through this Web Site creates any warranty not expressly made in
these Terms and Conditions.
Information on this Web Site relating to products and services has been
prepared in accordance with Australian law for the supply of goods and
services in Australia only. This information may not satisfy the laws
of any other country. To the extent that it does not satisfy the laws
of the country in which you reside or from which you are accessing this
Web Site, it is not directed at you and cannot be relied upon by you
and you are unable to order any goods from this Web Site. If you do,
you agree to indemnify Kez's Kitchen for any losses, costs, expenses or
damages Kez's Kitchen may suffer as a consequence.
General
The products and services offered for sale by Kez's Kitchen are only
available to individuals who can make legally binding contracts. The
products and services are not available to persons under the age of 18
years old and any other persons who are legally prohibited from
entering into binding contracts.
Any party engaging in illegal activities involving the use of this Web
site will be subject to civil and criminal prosecution. Kez's Kitchen
cannot guarantee that it will be able to prevent any illegal or
inappropriate use of this Web site, nor can Kez's Kitchen guarantee
that it will give advance notice or warning of any illegal or
inappropriate use of this Web site.
Delivery
All times for delivery listed on this Web site are indicative only. Kez's
Kitchen will not be liable for any failure to observe these delivery
times. You understand and agree that you shall not be entitled to
withdraw or modify any commitment made for the purchase of products or
services from this Web site once that commitment has been made for any
reason, including with

