1. About the Website
(a) Welcome to www.platypusdreaming.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
(b) The Website is operated by KAYA XAN(ABN 39128445534). Access to and use of the Website, or any of its associated Products or Services, is provided by KAYA XAN. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) KAYA XAN reserves the right to review and change any of the Terms by updating this page at its sole discretion. When KAYA XAN updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by KAYA XAN in the user interface.
3. Registration to use the Login Services
(a) In order to access the Login Services, you must register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including: (i) Email address (ii) Mailing address (iii) Telephone number (b) You warrant that any information you give to KAYA XAN in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with KAYA XAN; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by: (i) the Terms; (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services; (iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify KAYA XAN of any unauthorised use of your password or email address or any breach of security of which you have become aware; (v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of KAYA XAN providing the Purchase Services.
5. Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
(b) Payment of the Purchase Price may be made through Paypal, AfterPay (Australia), or UTrust (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by KAYA XAN, you will be issued with a receipt to confirm that the payment has been received.
(d) Current Returns Policy is available in the Shipping and Returns section of website.
(b) Payment of the Purchase Price may be made through Paypal, AfterPay (Australia), or UTrust (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by KAYA XAN, you will be issued with a receipt to confirm that the payment has been received.
(d) Current Returns Policy is available in the Shipping and Returns section of website.
6. Privacy
(a) KAYA XAN takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to KAYA XAN’s Privacy Policy, which is available on the Website.
7. Intellectual Property
(a) KAYA XAN asserts ownership over its intellectual property. For further clarification, please refer to Intellectual Property section of website which can be found next to privacy policy.
8. General Disclaimer
(a) You acknowledge that KAYA XAN does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) KAYA XAN will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) KAYA XAN will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) This website cannot and does not contain any medical, legal, fitness, health, and/or other advice. The information is provided for general informational and educational purposes only and is not a substitute for professional advice.
Accordingly, before taking any actions based upon such information, please consult with the appropriate professionals. We do not provide any kind of advice, be it medical, legal, fitness, health and/or other. The use or reliance of any information contained on this site is solely at your own risk.
(f) Use of the Website, the Purchase Services, and any of the products of KAYA XAN , is at your own risk. Everything on the Website, the Purchase Services, and the Products of KAYA XAN, are provided to you on an “as is“ and “as available“ basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of KAYA XAN make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of KAYA XAN) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
(b) KAYA XAN will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) KAYA XAN will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) This website cannot and does not contain any medical, legal, fitness, health, and/or other advice. The information is provided for general informational and educational purposes only and is not a substitute for professional advice.
Accordingly, before taking any actions based upon such information, please consult with the appropriate professionals. We do not provide any kind of advice, be it medical, legal, fitness, health and/or other. The use or reliance of any information contained on this site is solely at your own risk.
(f) Use of the Website, the Purchase Services, and any of the products of KAYA XAN , is at your own risk. Everything on the Website, the Purchase Services, and the Products of KAYA XAN, are provided to you on an “as is“ and “as available“ basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of KAYA XAN make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of KAYA XAN) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Questions and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us anytime at [email protected], or contact us in writing at PO Box 289 Kuranda QLD 4881.