OVERVIEW
This website is operated by "by Aunty Kim" (AUNTY KIM GROUP PTY LTD ACN:660184421). Throughout the site, the terms “we”, “us” and “our” refer to "by Aunty Kim" and/or "Kim's Beef Jerky" and/or "Aunty Kim" and/or "AUNTY KIM GROUP PTY LTD " and can be used interchangeably. Aunty Kim offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and on our website.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, or that you have given consent from your legal guardian to use this site if you are a minor.
You agree not to use our products for any illegal or unauthorized purpose and to comply with all applicable laws in your jurisdiction, including copyright laws.
You must not transmit any destructive code, such as worms or viruses, through the Service.
Violation of any of the Terms will result in an immediate termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge that your content, excluding credit card information, may be transmitted unencrypted and may undergo changes to conform to technical requirements during network transmissions. Credit card information is always encrypted during transfer over networks.
Without express written permission from us, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.
The headings used in these Terms of Service are included for convenience only and will not limit or affect the Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We strive to provide accurate, complete, and current information on our site. However, we cannot guarantee the accuracy, completeness, or timeliness of the information provided. The material on our site is for general information purposes only and should not be the sole basis for making decisions. You should consult additional reliable sources for more accurate and up-to-date information. Your reliance on the material on our site is at your own risk.
While we may include historical information on our site, it may not be current and is provided for reference purposes only. We have no obligation to update any information on our site, but we reserve the right to modify its contents at any time. It is your responsibility to monitor any changes on our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part of it, without notice at any time.
We shall not be liable to you or any third-party for any modifications, price changes, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on our site. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party providers.
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The collection and use of your personal information on our platform are governed by our Privacy Policy. You can access and review our Privacy Policy by clicking [here].
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be instances where our website or the services provided may contain typographical errors, inaccuracies, or omissions. These errors could relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or product availability. We reserve the right to rectify any such errors, inaccuracies, or omissions, and to modify or update information, cancel orders, or amend prices without prior notice, even after you have placed your order.
We are not obligated to update or clarify information in the Service or on our website, including pricing details, except as required by law. The absence of a specified update or refresh date should not be interpreted as an indication that all information in the Service or on our website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other restrictions outlined in the Terms of Service, the following activities are strictly prohibited:
(a) Using the platform for any illegal purposes.
(b) Soliciting others to engage in unlawful acts.
(c) Violating any applicable laws, regulations, or ordinances, whether international, federal, provincial, or state.
(d) Infringing upon our intellectual property rights or the intellectual property rights of others.
(e) Engaging in any form of harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
(f) Providing false or misleading information.
(g) Uploading or transmitting viruses or any other type of malicious code that may disrupt the functionality or operation of the Service, related websites, or the Internet.
(h) Collecting or tracking personal information of others.
(i) Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping activities.
(j) Using the platform for any obscene or immoral purposes.
(k) Interfering with or circumventing the security measures or proper functioning of the Service or related websites.
Please note that engaging in any of the prohibited activities may result in the termination of your access to the Service. We reserve the right to investigate and take legal action against any individuals involved in such activities to the fullest extent permitted by law.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee that our service will always be uninterrupted, timely, secure, or error-free. We do not guarantee the accuracy or reliability of the results obtained from using the service. We reserve the right to remove or cancel the service at any time without notice.
You agree that your use of the service is at your own risk. The service and all products and services provided through it are provided "as is" and "as available," without any express or implied warranties. We are not liable for any damages arising from your use of the service, including but not limited to direct, indirect, incidental, punitive, or consequential damages.
SECTION 14 - INDEMNIFICATION
You agree to protect, defend, and hold us harmless from any third-party claims or demands, including reasonable attorneys' fees, arising from your breach of these Terms of Service or violation of any law or third-party rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable part will be severed from these Terms of Service. This determination will not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of both parties incurred before the termination date will survive the termination of the agreement. These Terms of Service remain effective unless terminated by either party. You may terminate by notifying us, while we may terminate the agreement and deny access to the service if you fail to comply with these terms.
SECTION 17 - ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms of Service does not waive that right or provision. These Terms of Service, along with any posted policies or rules, constitute the entire agreement between you and us, superseding any prior agreements or communications.
SECTION 18 - GOVERNING LAW
These Terms of Service and any agreements for services are governed by and construed in accordance with the laws of 98 Kangaroo Gully Road, Bellbowrie, QLD 4070, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service on our website. We reserve the right to update or change any part of these terms by posting updates on our website. Your continued use of the service after changes are posted constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions about the Terms of Service, please contact us at contact@auntykim.com
