Terms & Services

Welcome to Kapda.com.au (the Website), which is owned and operated by Kapda Pty Ltd trading as Kapda Handpicked Ethnic Collections (A.B.N.7358116762) (we, us, our, or Kapda).

Your access to the Website implies your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms, regardless of how you subscribe to or use the services.

We reserve the right to amend the Terms of Use at any time. Although we may inform you of any amendments or modification, it is your responsibility to periodically review the Terms of Use. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time. Website may discontinue any of its service in part or whole , in its sole and absolute discretion, at any time, without notifying you. However we can’t be responsible for any loss, cost, damage or liability that may result from our discontinuance of the website. 

In relation to the Website, you must not:

• use the Website for any activities which may defame, abuse, harass, stalk, threaten or otherwise violate and infringe a third party’s rights, or breach any laws or regulations, or are contrary to any relevant standard or codes;
• use the Website to send unsolicited email messages;
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• tamper with, hinder or modify the Website in any way ;
• knowingly transmit any viruses or other disabling features to the Website or via the Website; or
• attempt any of the above acts or facilitate or assist another person to do any of the above acts.
  

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by Kapda Ethnic Collections and protected by Australian and International laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website without the expressed written permission of the trade mark owner. We own the copyright, which subsists in all creative and literary works that are displayed on, or accessed via, the Website.



You must not:

• reproduce or use any of the material on the Website for commercial purposes, including sale;
• in any way modify the material on the Website; or
• cause any of the material on the Website to be framed or embedded in another website.



In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

By using the Website, you agree to indemnify Kapda from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you. Kapda does not warrant that the Website will uninterruptrd or error-free.

Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:

• the resupply of the services; or
• the payment of the cost of having the services resupplied.



In the case of goods supplied or offered by us:

• the replacement of the goods or the supply of equivalent goods;
• the repair of such goods;
• the payment of the costs of replacing the goods or acquiring equivalent goods; or
• the payment of the costs of having the goods repaired.

By agreeing to and accepting the Terms of Use, you also agree to the Kapda’s Privacy Policy.

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive. Suspension or termination shall not affect either party’s rights or liabilities.

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.


We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.


If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved. 

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

The Terms of Use are governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning the Terms of Use. You are responsible for compliance with all laws and regulations applicable to your location.

Please contact us if you have any questions relating to our Terms of Use.