Terms & Conditions

Thank you for visiting our website. This website is operated by KOJI Group Pty Ltd (ACN 158 839 340), it is free to use and the majority of the functions of the website do not require a user to create an account. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at www.kipcule.com.au) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means KOJI Group Pty Ltd and our related bodies corporate.

1 Registration

You will need to register an account with us or provide us with your personal information in mandatory fields to access certain features of our website, such as purchasing our goods. When you register and activate your account or check-out as a guest, you will provide us with personal information such as your name, company name (if required), ABN/ACN (if required), email address, gender, date of birth, telephone number and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will ask you to choose a login email and password which we may verify by email. We may require additional verification at our discretion. You are responsible for keeping this login email and password secure and are responsible for all use and activity carried out under this login email.

To create an account, you must be:

least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use the website in accordance with these Terms.

We will use our reasonable commercial efforts to keep our website available on a 24 hour/7 days a week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our website may not be uninterrupted or available at all times.

We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in our best interests to do so.

2 Ordering

When placing an order with us via this website or via telephone or via email or any electronic device, you confirm that all the details that you have provided are true and correct. If you purchase the goods advertised through this website for resale, you warrant that you possess the necessary licences or permits to do so.

3 Cancellations

You agree that once an order has been submitted through our website or via telephone or via email or any electronic device, it cannot be cancelled by you. If you wish to change or cancel your order, please contact us as soon as possible. Every attempt will be made to accommodate your request but we cannot guarantee that we will cancel or change an order once it has been placed.

We may cancel your order before delivery in whole or in part, including if we have received payment from you or sent you a tax invoice, if:

a) any of the ordered goods are not available;
b) there was an error in the description of any ordered goods or their price as advertised by us;

or c) your order is in breach of these Terms or any law.

4 Delivery

We take no responsibility for incorrect delivery address details provided by you.

Any delivery timeframes quoted on the website are a guide only and delivery times may be longer than estimated due to circumstances outside our control. We do not accept liability for any loss, damage or delay occasioned to you arising from late or non-delivery of the goods.

Risk and title to the goods, passes to you upon delivery of the goods to the delivery address provided by you. We do not accept responsibility for any loss or damage to goods in transit caused by any event of any kind or by any person.

5 Exchange of goods

Our liability for goods is limited to making good any defects, which must be done by replacement, provided that:

a) you have followed all instructions relating to the supply of artwork files and have not made any errors in the supply of artwork files;
b) you inspect the delivered goods within two days of delivery;
c) the defective goods are promptly returned to us;
d) the goods have not received maltreatment, inattention or interference;
e) the goods are accompanied by proof of purchase; and
f) the goods are in their original packaging and condition.

Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods are expressly excluded to the extent permissible by law. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, delivery or consumption of the goods.

6 Price

We reserve the right to change prices without notice. Any price change will not apply to orders placed before the price change.

7 Terms of Payment

Full payment is required at the time of order.

8 Our Databases

We maintain a database of our registered users. If you are a registered user, you may add, delete and/or modify information about you in our database. If you become a registered user on another website with which we are associated, with your consent, we may:

a) copy or transfer your information to another database we maintain; and
b) link your registration on this website with your registration on the other website.

9 Collection Notice

We collect personal information about you in order to respond to your enquiry, process your registration, contact you in relation to an order and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including storing information with our cloud providers.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at or info@kipcule.com.au By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

10 Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website and make your own enquiries.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the website or the information, goods or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

We may, from time to time, amend these Terms. To amend the Terms, we must notify you by email or post a notice on our website.

You agree to notify us if your information changes.

11 Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

12 Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

13 Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). By posting any material on our website or one of our social media accounts, you warrant that you have the right to post the material and grant us a non-exclusive licence to use the material.

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support. Publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

14 Unacceptable activity

You must not do any act that we would deem to be inappropriate or which is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
making representations in respect of goods purchased from us which we have not approved in writing;
using this website, or any of our social media accounts, to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this website, or any of our social media accounts, any nonauthorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

We may review information you attempt to post and to prevent the information from being posted to this website or any of our social media accounts. If we allow you to post any information to our website or any of our social media accounts, we have the right to take down this information at our sole discretion and without notice.

15 Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We may restrict, suspend or terminate your access to this website, any Content, or any feature of this website with immediate effect if you breach these Terms.

16 Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. Our liability in respect of goods ordered by you is limited to the amounts paid by you in respect of the goods.

17 Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.