Welcome to the Get Kooky website (the "Site"). Get Kooky provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Australian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall 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 Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Get Kooky or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Get Kooky or its affiliates. All software used on this Site (the "Software") is the property of Get Kooky, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by Australian and international copyright laws. GET KOOKY.COM, GET KOOKY.COM.AU and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Get Kooky IP, Inc., its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
How Secure Is the Personal Information You Collect?
We have taken precautions, including the deployment of technological resources and the use of firewalls, systems and procedures, to protect the security of your personal information. When you enter credit card information on our Websites, we may store it so that you do not have to re-enter it every time you order, but we encrypt it when storing. While no security system is absolutely foolproof, we are constantly reviewing, refining and upgrading our security technology to protect your privacy. When you open an account with Get Kooky you are issued a password by which to access and secure your account and account information. Although we have taken these precautions, you are responsible for maintaining the secrecy of your password, which should not be disclosed by you. Be sure to sign off when finished using a shared computer.
Get Kooky contain links to other websites. We have no control over the content, policies or actions of these sites, even if you are offered services on those sites because you have established an account with them. We are not responsible for the privacy practices or the content of such websites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every websites that collects personally identifiable information. This privacy statement applies only to information collected by our Websites.
You must be 18 years of age or older to become a member of Get Kooky. We do not collect information from minors.
Changing Your Personal Information
You may review, change or correct your personally identifying information at any time by accessing your account information on the Websites or calling us at the contact information below. You are responsible for maintaining the accuracy and completeness of your personal and other information, including your e-mail address, and we urge you to review your information regularly to ensure that it is correct and complete.
Conditions of Use, Notices, and Revisions
To the extent permitted by law:
- We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Get Kooky Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Get Kooky Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement
Communication from GetkOOky
We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will remove that functionality for your account. Our emails will contain a clear link to Unsubscribe. Once you have unsubscribed you will be removed from our communication list and will no longer be sent special offers and alerts, unless you choose to re-subscribe yourself at a later date.
Credit Card Fraud
While Get Kooky employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, Get Kooky will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner
Fraud Protection or Prevention Procedures
When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online Fraud.
All orders for Australian costumers only of GetkOOky.com.au include GST where applicable. The GST portion of the order is calculated automatically and added to the Grand Total price within the Get kOOky shopping cart page once the country "Australia" is selected.
Get Kooky uses our own "Shipping Grid Method" to caculate "Per Item" shipping costs. The shipping is based on your selection of the Country you are shipping the order to which is calculated wihtin the Shopping Cart. By selecting the "Ship to" country, you instantly calculate individual and total shipping costs of items within your order.
All sellers on getkooky.com have total control over the price they set for their own store items. Getkooky.com does not interfere with sellers shipping fees.
Delivery of Your Products
For any item owned by getkooky.com orders are processed within 24hours. Local delivery within Australia, please allow between 2 - 5 days. If your order is being shipped overseas, please allow for between 3 and 21 days from the date of purchase.
Items bought from sellers on getkooky.com typically can take up to 2 days to process and ship goods. Please refer to the sellers store policy on their store page. In additon make note of the estimated shipping delivery days within the stores policy and items shipping grid found on each individual product page.
Please note that BPAY payments take 1-2 business days to process.
Get Kooky makes every effort to deliver your Product according to the estimated delivery times provided by Get Kooky at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.
We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
Getkooky.com ships both locally (Australia) and internationally. Shipping costs are influenced by the size and weight of the product and your location, exact shipping costs are calculated in the shopping cart once you select the country you are shipping your order to.
Get Kooky in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers.
Coupons can only be used towards the payment of Products on our website.
Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon. Get Kooky will determine the content of Terms and Conditions governing Coupons in its absolute discretion.
Where a Coupon is used towards the payment of a Product (or Products):
1. There may be an outstanding balance due on the Product; and
2. Where you hold any DealsDollars within "Your Account", they must first be applied towards any outstanding balance due on the Product; and
3. In the event that you have insufficient (or no) DealsDollars in "Your Account", and where you hold any Refund Credits within "Your Account", they must then be applied towards any outstanding balance due on the Product.
4. In the event that you have insufficient kOOpons or Credits in "Your Account", you must thereafter pay any outstanding balance due on the Product by PayPal, BPAY, Visa, MasterCard or American Express.
We are devoted to providing all customers of getkooky.com with Positively Outrageous Service (POS). By these we mean we will go above and beyond to ensure your satisfaction levels have been exceeded throughout your dealing with getkooky.com
committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard local delivery time frames are between 2-5 business days; International delivery between 3 and 21days. In the event that an ordered item is not available or we are unable to fulfill your order we will notify you within 48hours to arrange an agreeable alternative item, a backorder or a full refund.
We may credit "Your Account" with a Refund Credit from time to time. Get Kooky will only provide Refund Credits under the Terms and Conditions detailed under "Your Rights to Return a Product".
Where "Your Account" holds Refund Credits and you place an Order for a Product or Products:
1. Any (applicable) Coupon that may be in your in "Your Account" credit facility will first be applied towards payment of the Product (or Products);
2. In the event that (any applicable) Coupon are insufficient for full payment of the Product (or Products), your Refund Credits will be automatically applied towards the outstanding balance due on the Product (or Products); and
3. Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in "Your Account", you retain the future use of any unused Refund Credits to apply towards any future Product payments; or
4. In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by PayPal, BPAY, Visa, MasterCard or American Express.
Refunded Credits can be used towards a future purchase(s) or the full amount can be cashed out as a cheque refund. To redeem your Refund Credits log in to "Your Account" and select "View Credit". You can then select "Cash Out Refund Credit".
In the event that Get Kooky needs to reissue a Refund Credit cheque due to an incorrect name or address provided by you, or if a Refund Credit is misused, Get Kooky will incur a cost of $12 to reissue the Refund Credit cheque. This cost will be passed onto you as a reissue fee.
In the event that a Refund Credit not exceeding $5.00 arises from an overpayment by you via BPAY, Get Kooky will apply that amount as a credit on your account, unless you specifically request a cash refund from us.
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees.
For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:
- reject the goods and receive a refund
- reject the goods and receive an identical replacement, or one of similar value if reasonably available
- keep the goods and receive compensation for the drop in value caused by the problem.
- If you think that a Product is defective you should contact our Customer Service Help Centre and a Get Kooky Customer Service Representative will assist you. A photo may be requested to assist with the assessment of your claim. Where a Product is defective and needs to be replaced or repaired return shipping will be arranged at the expense of Get Kooky. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
Additional Get Kooky Warranties
Get Kooky also offers a standard 1 year warranty against defects on all Electrical, petrol operated & Motorised Product. This is our warranty. You also have consumer guarantees under the Australian Consumer Law (see above).
If you believe that a Get Kooky Electrical, petrol operated & Motorised Product has an unsatisfactory defect, please contact the Customer Service Help Centre for assistance. Get Kooky will then determine whether to make a refund or provide a replacement.
We encourage the notification of claims under this warranty within 90 days by offering to pay for the return of a Product where a claim is notified within that time and we determine that the Product is defective. Other cases will be considered on their merits.
Where claims are made more than 90 days after delivery, we will need full details about the way the Product has been used and it may be necessary for us to make further inquiries.
Where a refund is given for a product, and the claim is not covered by a consumer guarantee, it may be given as a Refund Credit to Your Account.
Replacement Products are covered by the same Get Kooky warranty as well as by consumer guarantees see Consumer Guarantees above).
Some Products - Manufacturer Warranty
Some Products sold through Get Kooky are serviced and supported by the manufacturer or supplier in accordance with the warranty information provided on the listing. Get Kooky recognises that customers purchasing some products, such as electronics and computers; require a high level of support therefore we would ask you to contact the manufacturer or supplier for trouble-shooting assistance. If the manufacturer or supplier is unable to assist, and the product is covered by a consumer guarantee, Get Kooky will provide a suitable remedy.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Get Kooky. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Get Kooky reserves the right to change the Terms and Conditions of sale at any time.
No Get Kooky employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
To the extent permitted by law, Get Kooky is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Get Kooky, and Get Kooky shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
Security when purchasing on getkooky.com
When purchasing from getkooky.com your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support firstname.lastname@example.org