Terms & Conditions
Last Updated 30-04-2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Cyberkite.com.au or Cyberkite.site and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Cyberkite.com.au’s or Cyberkite.site’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Cyberkite.com.au or Cyberkite.site is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Cyberkite.com.au’s or Cyberkite.site’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
RETURNS AND REFUNDS
Cyberkite.com.au or Cyberkite.site handles returns and processes refunds in accordance with the Australian Consumer Protection legislation (‘ACL’) and our individual Client Service Terms. At no time do we exclude any statutory rights to refunds that you may be provided with under the ACL. Learn more about our Refunds & Returns Policy: cyberkite.com.au/refundpolicy.
LINKS TO OTHER WEBSITES
Cyberkite.com.au or Cyberkite.site may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Cyberkite.com.au or Cyberkite.site and the owners of those websites. Cyberkite.com.au or Cyberkite.site takes no responsibility for any of the content found on the linked websites.
Cyberkite.com.au or Cyberkite.site website may contain information or advertisements provided by third parties for which Cyberkite.com.au or Cyberkite.site accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
The information on our Website is only providing you with facts, information, insights, general products reviews and educational material to assist you. You need to decide what may work best and is suitable for your own personal or business needs. We do not have your personal information, your individual, business or product facts or situation in mind when we provide this information and any content. You need to make your own enquiries and analysis to determine if any of the information is suitable for your own particular purposes and suitable for your situation.
We also do not promise, warrant or guarantee any increase in business, revenue or any particular results from any product, information or our services.
You take full responsibility and risk for making any decision based on information on our website. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained on this website and all such liabilities are expressly disclaimed.
Content presented on our Website is obtained from sources believed to be reliable and is given in good faith but its accuracy and completeness is not warranted, nor does the author accept responsibility arising in any other way for the data or information, including but not limited to negligence, errors or omissions.
To the fullest extent permitted by law, Cyberkite.com.au or Cyberkite.site absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Cyberkite.com.au or Cyberkite.site gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Cyberkite.com.au or Cyberkite.site to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Cyberkite.com.au’s or Cyberkite.site’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
THIRD PARTY PAYMENT GATEWAYS
Cyberkite uses third party payment gateways to process the payments made by customers on the Cyberkite.com.au or Cyberkite.site website.
By choosing to purchase products and/or services from Cyberkite.com.au or Cyberkite.site you agree to the terms and conditions of those payment gateway sites.
Cyberkite uses the following third party payment gateway(s) for payments made on the Cyberkite.com.au and Cyberkite.site website: Stripe
DISTRIBUTORS, SUPPLIERS & VENDORS
Cyberkite has signed agreements with distributors, suppliers or vendors to dropship products or services from Cyberkite.com.au or Cyberkite.site to you. Cyberkite does not stock the products. They are stocked with the distributors, suppliers or vendors and are delivered to you to your physical address as physical products or digital products sent to your email address.
By purchasing products or services from Cyberkite you agree to the terms and conditions of the distributors, suppliers or vendors that we source the products and/or services from.
DISCLOSURE OF INFORMATION
Cyberkite.com.au or Cyberkite.site may be required, in certain circumstances, to disclose information in good faith and where Cyberkite.com.au or Cyberkite.site is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Cyberkite.com.au or Cyberkite.site. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Cyberkite.com.au or Cyberkite.site will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Cyberkite.com.au or Cyberkite.site reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Cyberkite.com.au or Cyberkite.site expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Cyberkite.com.au or Cyberkite.site concerning your use and access to Cyberkite.com.au’s or Cyberkite.site’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Cyberkite.com.au or Cyberkite.site that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
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