Terms of service
About the Website
Welcome to www.kyoornaturals.com (the ‘Website’). The Website is operated by Organix Lab Pty Ltd (ACN 640699216) and provides you, the user, with the opportunity to browse and purchase various products that have been listed for sale (the ‘Products’). The Website provides this service by way of granting you access to the content on the website (the ‘Purchase Services’). Throughout the Website, the terms “we”, “us”, “Kyoor” and “our” refers to Organix Lab Pty Ltd.
Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree with the Terms, then you must immediately cease usage of the Website, or any of the Purchase Services. Your use of the Service is at your own risk. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. The Terms also govern your use of the Website, regardless of the means of access, whether that be from a computer or mobile device.
The Website is hosted on Shopify Inc. Shopify Inc provide us with the online e-commerce platform that allows us to make available our Purchase Services and Products to you.
Acceptance of Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state of province of residence and you have given us your consent to allow any of your minor dependents to use this site.
By accessing the Website on someone else’s behalf, you represent that you have the authority to do so and accept the Terms on their behalf. To the extent that you do not have such authority, you agree to be bound by the Terms and to accept liability for any harm or loss caused by any wrongful use of the Website and Purchase Services resulting from such access or use.
Privacy
Please review our Privacy Policy, which also governs your visit to the Website, for details about what information we collect and how we use it. The policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our Privacy Policy.
Shipping & Return Policy
Shipping of products is subject to our Shipping Policy. Please review our Shipping Policy which governs purchases made on the Website and explains our sales practices.
Accuracy, Completeness and Timeliness of Information
We attempt to be as accurate as possible when describing our products on the Website, however, to the extent permitted by applicable law, absolve ourselves of any responsibility if information made available on this site is not accurate, complete, reliable, error-free or current. The Website is provided free of charge and on that basis Organix Lab Pty Ltd have no obligation to continue to maintain it and will not be held liable for any loss or damage you may incur as a result of any failure to maintain or update the Website.
The Website may contain certain historical information, which may or may not be current and is provided for your reference only. To that extent we will not be held liable for any reliance on the material of the Website, which is general in nature and should not be relied upon as the sole basis for making decisions without consulting primary more accurate, more complete or more timely sources of information. Organix Lab Pty Ltd reserve the right to modify or update the content of the Website at any time but are under no obligation to do so. We may also, at any time and without prior notice, withdraw the Website from use and terminate any or all of the rights granted by the Terms.
Intellectual Property
The Website, the Purchase Services and all of the related products of Organix Lab Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website, including but not limited to text, graphics, logos, button icons, video, audio clips, data complications and software (collectively, the “Content”) are owned or controlled for these purposes and are reserved by Organix Lab Pty Ltd or its contributors.
The trademarks, logos, and service marks displayed on the Website (collectively, the ‘Trademarks’) are the registered and unregistered marks of Organix Lab Pty Ltd, our affiliates, partners or licenors, in Australia and other countries, and are protected by Australian and international trademark laws.
Organix Lab Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you (a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Organix Lab Pty Ltd, (b) the right to use or explain a business name, trading name, domain name, trademark or industrial design, or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Organix Lab Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, sell, show or play in public, adapt or change in any way the Content or third-party content for any purpose without our prior written consent. Request for permission should be directed to the addresses specified below:
Organix Lab Pty Ltd
Suite 80, Level 4, 80 Market Street,
South Melbourne, VIC 3205
Australia
Electronic Communications
The information communicated on the Website, or via other forms of electronic media, such as email, constitutes an electronic communication. You agree that we may communicate with you electronically, and that such communications are equivalent to communicating in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Your Obligations and Responsibilities
In accessing or using the Website, you shall comply with these Terms and the special warnings or instructions for access or use posted on the Website. In addition to other prohibitions set forth in the Terms, you agree not to use the Website or its content:
- For any unlawful purpose
- To solicit others to perform or participate in any unlawful acts
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- To harass or disparage Organix Lab Pty Ltd or its Products or Services or personnel
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape. To use software robots, spiders, crawlers, or similar data gathering and extraction tools or take away actions that may impose any unreasonable burden or load on the infrastructure of the Website;
- To direct unsolicited emails (spam), or advertising or promotional materials through the Website
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Service or Website, other websites, or the internet
- To make use of the Website and its Content for anything other than personal use;
- To republish, redistribute, transmit, sell, license, or download the Website and its Content
- To modify, reverse engineer or create any derivative works based upon either the Website and/or its Content
You agree that you will abide by any third-party company policies and terms necessary in using our Website (such as third-party publisher terms of use or Facebook, Twitter, Instagram, or YouTube terms of use). IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE HELD LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO ORGANIX LAB PTY LTD, OUR AFFILIATES, PARTNERS OR LICENSORS. We reserve the right to terminate your use of the Service or Website for violating any of your obligations.
Your Account
You may choose to register at our Website using an email address/username and password of your choice. You are solely responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to provide only truthful, accurate information, and accept full responsibility for all activities that occur under your account, username and/or password. We reserve the right to refuse service and/or terminate your account(s) without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in Organix Lab Pty Ltd’s best interest to do so.
Billing
We reserve the right to refuse or cancel any order you place, or limit 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 we amend or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed, however shall not be held liable if we are unable to reach you due to your failure to respond, or failure to provide accurate contact details.
Products and Services
All descriptions of Products, including pricing for the products, are subject to change at any time without prior notice, at the sole discretion of Organix Lab Pty Ltd.
We reserve the right, but are not obligated, to limit the sales of the Products or Purchase Services to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of and Product or Purchase Service offered. We reserve the right to discontinue the Products (or any part thereof) at any time. Any offer for any of the Products or Purchase services made on the Website is void where prohibited. We do not warrant that the quality of the Products, Purchase Services, or information contained on the Website will meet your expectations, or that any errors in the Purchase Services will be corrected.
We shall not be held liable for any risk of loss or damage of the Product(s), or any adverse reactions you may develop as a result of using the Product(s), once ownership has been passed on from Organix Lab Pty Ltd to you, the recipient. Transfer of ownership occurs upon you receiving your order. By placing an order with Organix Lab pty Ltd, you also agree to use the Product or Services only for their intended purpose. If you use the Product(s) or Services for any other purpose, you will assume full responsibility for any loss or damage arising out of this use.
Distribution of Products
Individuals are prohibited from purchasing Product(s) for the purpose of redistribution or resale. Organix Lab Pty Ltd reserve the right to limit or prohibit orders that, in its sole judgement appear to be placed by dealers, resellers, or distributors for the above stated purpose, without our prior written consent. To register your interest in setting up a wholesale business account, you may contact us via the following addresses:
or
Organix Lab Pty Ltd
Suite 80, Level 4, 80 Market Street,
South Melbourne, VIC 3205
Australia
Breach and Termination
Organix Lab Pty Ltd may at any time, terminate the Terms with you if (a) in its reasonable opinion, you have breached any provision of the Terms or intent to breach any provision; (b) Organix Lab Pty Ltd is required to do so by law; (c) the partner with whom Organix Lab Pty Ltd offered the Purchase Services to you has terminated its relationship with Organix Lab Pty Ltd or ceased to offer the Purchase Services to you; (d) Organix Lab Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or (e) the provision of the Purchase Services to you by Organix Lab Pty Ltd is, in the opinion of Organix Lab Pty Ltd, no longer commercially viable.
Organix Lab Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable laws or if you conduct impacts Organix Lab Pty Ltd’s reputation or violates the rights of those or another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Organix Lab Pty Ltd have benefited form, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Linking
Organix Lab Pty Ltd has no responsibility and assumes no liability for the unaffiliated sites to which it is linked to or from, including but not limited to certain content, web pages, products, services or materials on the site linked to the Website or posted to this Website by anyone other than Organix Lab Pty Ltd. Third-party links on the Website may direct you to third-party websites that are not affiliated with Organix Lab Pty Ltd, and whilst we may permit some links for convenience, this does not constitute an endorsement by Organix Lab Pty Ltd, its affiliates or partners of the referenced content, product, service or supplier. Please note that the rules, privacy policies, and practices of linked sites may differ from those of Organix Lab Pty Ltd and should be reviewed prior to you engaging in any transaction or using the link to access the other site. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
By connecting to the Website with a third-party service (e.g. Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service.
Optional Tools
You acknowledge that Organix Lab Pty Ltd may provide you with access to third-party tools over which it neither monitors nor has any control nor input. You acknowledge and agree that it provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Organix Lab Pty Ltd 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 provider(s). Organix Lab Pty Ltd 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 the Terms.
User Generated Content
By providing any information or content to Organix Lab Pty Ltd via the Website or through other means, including but not limited to solicited or unsolicited suggestions, ideas, inquiries, materials, or feedback (collectively, “User Content”), you agree that all such User Content will be under the unrestricted, non-exclusive, non-proprietary, non-confidential, sub-licensable, royalty-free, worldwide, transferable, irrevocable, and perpetual ownership of Organix Lab Pty Ltd to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display such information in any form, media, or technology, or to use in any purpose it sees fit. You also understand that your submission may be used for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You agree that any User Content you provide to us will not violate any right of any third-party, including copyright, trademark, privacy, personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, tortious, harassing, harmful, defamatory, libelous, hateful, racist, violent, infringing, pornographic, 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 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. We also have the right to refuse to post, reject, delete, reformat and edit all User Generated Content, in our sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Organix Lab Pty Ltd, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, contributors, licensors, service providers, subcontractors, suppliers, third party content providers, interns and employees against (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms and/or; (c) any breach of the Terms. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
This provision does not require you to indemnify us for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.9
Limitation of Liability; Representation And Warranties
You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, and will not be held responsible or liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website or by us, by third parties or by any of the Purchase Services offered by us, that may result in (a) an interruption of business; (b) any loss of profit (whether incurred directly or indirectly), goodwill, or business reputation; (c) access delays or access interruptions to the Website and Purchase Services; (d) data non-delivery, destruction, corruption, or other modifications; (e) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (f) any inaccuracies, defects, or omissions in the Website or its content; (g) events beyond our reasonable control. In no event shall our total and maximum aggregate liability arising out of or in connection with the Purchase Services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, exceed one hundred dollars ($100.00).
Notwithstanding the foregoing, these disclaimers and limitations of liability do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury or resulting from company intentional misconduct, recklessness, fraud, or gross negligence.
The terms in this section are valid only to the extent permitted by applicable law.
Jurisdiction; Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
We are in agreement to arbitrate: By accessing or using the Service, you agree that the exclusive means of resolving any dispute or claim between you and Organix Lab Pty Ltd (including any officer, director, member, manager, employee, independent contractor, agent or representative, or any affiliate of any of these parties (collectively, the “Organix Lab Parties”)) arising out of or relating to (a) the Terms, (b) the Service, or (c) any transaction between us, shall be through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, copyright, trade secret, or patent rights), under which circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above. You further agree that any decision regarding the enforceability or validity of this arbitration provision will be determined by the arbitrator and not by any court.
What is arbitration: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. In arbitration, your claims are decided by a neutral arbiter rather than a judge or jury, with the arbitrator given the power to grant the same damages and relief that a court can award. Therefore, decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. If any provisions of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Arbitration procedures: If you would like to proceed with an arbitration claim, please contact our legal department at legal@kyoornaturals.com for further information on the next steps.
No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Organix Lab Parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ORGANIX LAB PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.
Opt-Out of Arbitration Agreement: You can decline this Arbitration Agreement by emailing us at legal@kyoornaturals.com or writing us at Organix Lab Pty Ltd, Suite 80, Level 4, 80 Market St, South Melbourne, VIC 3205, Australia and providing the requested information as follows: (1) Your Name; (2) the URL to these Terms and Conditions; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Service. The Opt-Out Notice must be emailed no later than 10 days of your initial assent to these Terms (including your first purchase of any Service or use of the Website). In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights.
Governing Law/Forum Selection: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, these Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute, controversy, proceeding, arbitrary claims or any other claims of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed and interpreted under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Severability
In the event that any provision of the Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the remainder shall remain in force. Such determination shall not affect the validity and enforceability of any other remaining provisions.
No Waiver
Failure of Organix Lab Pty Ltd to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
General / Modification
We reserve the right, in our sole discretion, to modify or remove the Terms, other policies, or the content on the Website at any time.
We reserve the right to review and change any of the Terms by updating this page at our sole discretion, with any new features or tools which are added to the current Website also being subject to the Terms. Any changes are effective immediately upon posting to the Website. You can review the most current version of the Terms at any time on this page and are solely responsible for doing so periodically to keep updated of any changes. You should read the Terms before placing an online order and if you do not agree to any change, should immediately cease usage of the Website and Purchase Services.
Any ambiguities in the interpretation of the Terms shall not be construed against the grafting party.
Contact Information
If you have any questions about the Terms, please send us an email at info@kyoornaturals.com.