Terms and Conditions for Website
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 Matias Novoa Echaurren T/A Kinu Coaching ABN 20 826 007 600 and www.kinu.com.au (Kinu) 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 Kinu’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 Kinu 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
Except as expressly stated below, Kinu makes no representations or warranties, either express or implied, of any kind with respect to the products sold on this website or services provided by Kinu. Kinu expressly disclaims all warranties, express or implied, of any kind, with respect to products sold on this website or services provided by Kinu, including but not limited to merchantability and fitness for a particular purpose, except for the “Consumer Guarantees” set out in the Australian Consumer Law.
You agree that 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), Kinu’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. In no event shall Kinu, its directors, officers, employees and representatives be liable for special, indirect or consequential damages related to any product sold or services provided by Kinu.
You must be over 18 years of age to use this website and to purchase any goods or services.
Credit Cards: We accept all major credit cards including Visa and MasterCard. There is not a surcharge for Visa or Mastercard transactions with Kinu.
Please be sure to provide your exact billing address and telephone number – the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
To pay using Paypal, you must have an existing account with Paypal. Click here for more information on payments using Paypal.
PRICES AND GST
All prices displayed on www.kinu.com.au will be in AUD$ and be inclusive of GST (Australian Goods and Services Tax) (GST).
All Australian domestic customers and deliveries sent to Australian delivery addresses from www.kinu.com.au will be subject to GST.
The current rate of GST in Australia is 10%.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Kinu has the right at any time after receipt of your order to accept or decline your order for any reason. Kinu reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Kinu.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
Kinu handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Kinu.
FOOD, DIETARY OR SPORTS SUPPLEMENTS AND SKINCARE PRODUCTS
All information contained on this website is for information purposes only. It should not be used to diagnose, prevent, treat or cure any sickness, disease, health or medical condition and is not meant to substitute professional medical, dietary advice or treatment.
In addition, the products themselves including any food, dietary or sports supplements or skincare products are not intended to diagnose, prevent, treat or cure any health or medical condition. Any product purchased for whatever reason which is used as a food supplement is done so at the discretion of the customer.
It is not uncommon to be intolerant to certain grains, nuts or food groups or to certain ingredients in skincare products. If you have or suspect you may have allergies or medical issues which may be affected by certain foods or ingredients, or after taking or using any of our products you find you may have or are experiencing side effects, you should promptly contact your health care provider. Do not exceed the stated dose or use with prescribed medication unless advised by a doctor or medical practitioner. You are using and taking all products at your own risk. We accept no liability for any result, direct or indirect, of you taking any product and neither Kinu or its employees may be held responsible for any claim made against them.
You should also consult a physician or medical practitioner before taking any health or dietary supplement, especially if you are pregnant, nursing or have a pre-existing medical conditions.
HEALTH COACHING SERVICES
By using our health coaching services, you agree that Kinu is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Kinu liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Kinu.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your medical practitioner, licensed dietitian or nutritionist, or any other health care professionals. We are not medical practitioners, dietitians, nutritionists, health practitioners or mental health providers. We are not providing health care, medical or nutrition services, or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition, or other physical or mental ailment of the human body.
Our health coaching services support and assist you to reach your health goals, however, results are not guaranteed. We cannot and do not guarantee that you will attain a particular result. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, health profile and level of commitment. Kinu takes no responsibility for any actions, choices or decisions that you make before, during or after any of our programs, services and/or products.
You acknowledge that you are using our services and/or products at your own risk. We accept no liability for any result, direct or indirect, of you taking any product and/or using our services and neither Kinu, its employees nor its affiliates may be held responsible for any claim made against them.
You acknowledge that once you have signed up for one of our Health Coaching Programs which consists of a number of sessions (Programs), in the event that you are absent for a session or needs to withdraw from a session or from the Program entirely for any reason whatsoever, you will be responsible for the pro rata share of the Program that has been delivered by Kinu, plus a cancellation fee of AUD$50 (plus GST). Any monies paid towards sessions which you have attended will not be reimbursed.
Kinu reserves the right (in its absolute discretion) to cancel a Program if at any point she or he feels it is not advantageous for you to continue with the Program. If this happens, you will only responsible for the pro rata share of coaching sessions which you have received.
LINKS TO OTHER WEBSITES
Kinu 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 Kinu and the owners of those websites. Kinu takes no responsibility for any of the content found on the linked websites.
Kinu’s website, www.kinu.com.au may contain information or advertisements provided by third parties for which Kinu 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.
To the fullest extent permitted by law, Kinu absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Kinu 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 Kinu 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. www.kinu.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data www.kinu.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Kinu does 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 to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Kinu may be required, in certain circumstances, to disclose information in good faith and where Kinu 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 Kinu. Kinu expressly excludes and does 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 Kinu 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. Kinu 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.
Kinu 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.
CUSTOMS, DUTIES AND TAXES
If you order goods from outside Australia, you agree to take responsibility for ensuring that the goods can be legally imported into the country of delivery. You agree to pay any customs, duties or taxes with respect to the goods that we send to the address outside of Australia. These costs will be in addition to the purchase price that we quote on www.kinu.com.au.
If you order products from our site that may be subject to restrictions, quarantine, import duties or taxes which are levied when the delivery reaches the specified destination, you will be responsible for payment of any such testing, quarantine or import fees, duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
These terms and conditions represent the whole agreement between you and Kinu concerning your use and access to www.kinu.com.au’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 NSW and Australia. If there is a dispute between you and www.kinu.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.