The below Terms and Conditions govern your use of the website located at www.xtremekinetic.com and all related websites operated by XtremeKinetic minimals “the Company” ABN 59157216133 trading as XtremeKinetic and its related bodies corporate (collectively, the Website).
Use of the Website
The use of the Website constitutes acceptance of these terms and conditions. The Company reserves the right to make changes to, delete, vary or add to the information on the Website or to the services described therein, at any time and without notice.
Intellectual Property
The Company owns the copyright in all material that is published on the Website.
The products, logos, designs, advertisements, and photographic images and all trademarks, trade names and photography described or displayed on the Website site are the intellectual property of the Company.
You may not use, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of the Website without the Company’s express permission in writing.
Any violation of the Company’s intellectual property rights may result in legal action be taken against you without further notice.
Disclaimer
The Company will not be liable for any loss or damage (whether direct or indirect) suffered or incurred by you or by any other person whatsoever as a result of the use of the Website, or as result of any reliance on the information contained therein in or referred to therein.
To the extent permitted by law, the Company excludes all express or implied warranties in relation to:
a) the accuracy or completeness of any information displayed on or accessible from the Website, or
b) the quality, standard, merchantability or availability of the goods and services advertised on or accessible from the Website.
In respect of any warranties or conditions for goods supplied by us that cannot be excluded by law, the Company’s liability will be limited, at our election to:
i) the replacement of the goods or supply of similar goods;
ii) the repair of the goods; or
iii) the payment of the cost of replacing the goods or having those goods repaired; and
Orders and Deliveries
We will endeavour to process any orders for products via the Website as soon as practicable. We strive to meet the delivery timeframes provided under our shipping options page to this Website but such timeframes are estimates only.
Bank Charges & Fees
Where you are using a credit/debit card to pay for your online purchase, the Company disclaims any responsibility or liability for any excess transaction fees on your credit/debit cards from pre-authorisation, billing transaction and other transactions. You should contact your financial institution and ascertain if there are any charges in respect to using your credit/debit card online.
Website Content & Links
While we do our best, we cannot guarantee that images on our website exactly represent actual products or their packaging. In particular, the colours shown on the website may not exactly represent the colours of our products because the colours you see on the website depend on the colour reproduction on your computer or mobile device.
For your convenience, we may provide links to other websites from the Website. We do not endorse and will not be responsible for any information, content or services provided or advertised on those linked sites.
Applicable Law & Jurisdiction
Your use of the Website and the purchase of any goods thereon is governed in all respects by the laws of the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria in relation to any legal proceeding directly or indirectly arising out or relating to the use and operation of the Website including, but not limited to, the purchase of the Company’s products.
Review of Terms & Conditions
These Terms and Conditions are subject to change from time to time, such changes to be effective upon posting on the Website. Your continued use of the Website after any such changes will indicate your acceptance of such changes.