Terms & Conditions
Overview
This website is operated by Kindled Flames. Throughout the site, the terms “we”, “us” and “our” refer to Kindled Flames. Kindled Flames 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.
Through this website you may be able to do any of the following, among other things:
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view information about Kindled Flames and its products;
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order Gift Cards and other Kindled Flames products;
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create an online account with us;
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sign up for receiving communications about our products; and
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use the email, instant messaging and other application functions to contact us, and send or post queries, reviews and feedback.
The service
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.
The following terms of use, as updated from time to time, govern your access to and use of:
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this website;
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all information and data (including data files, written text, computer software, location data, audio files or other sounds, photographs, videos or other images) which you may have access to through your use of the website or the Services ('Content'); and
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the Services.
Disclaimer
Access to the Content and this website is offered on an 'as is' and 'as available' basis.
To the full extent permissible by law (including the Australian Consumer Law) and subject to any additional warranties in our Cancellation, Return & Refund Policy where applicable:
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all express or implied conditions, representations and warranties, including any implied warranty of merchantability, for a particular purpose, or non-infringement, are denied and disclaimed; and
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Kindled Flames makes no representations, warranties, covenants or guaranties of any kind as to the operation of this website and the quality, suitability, truth, accuracy or completeness of the Content.
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In particular, we do not guarantee that:
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access to this website or the Services will function as intended or be uninterrupted or delayed;
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this website, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors.
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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.
By agreeing to these Terms of Service, 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 or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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 or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Our liability
To the fullest extent permitted by law and except as otherwise provided under these Terms:
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subject to any rights that you may have under the Australian Consumer Law, Kindled Flames excludes all liability for any loss or damage of any kind, in contract, tort, under statue or otherwise, not caused by its negligence or fraud including arising directly or indirectly from or in connection with this website, the Content or the Services;
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Kindled Flames liability to you for loss or damage of any kind arising out of these this website, the Content or the Services will be reduced or limited to the extent (if any) caused or contributed by you or any other matter outside our reasonable control.
Other users' Content
We do not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements by other users of this website and exclude all liability in relation thereto. While we may review and moderate user-posted Content and may remove any Content (e.g. where it is unlawful or inappropriate), there may be some time where such content is able to be viewed before it can be removed.
Online behaviour
Kindled Flames intellectual property
This website and the Content are subject to copyright and other intellectual property which are owned by Kindled Flames, its affiliates or third parties.
Kindled Flames grants you a non-exclusive, royalty-free, revocable, non-transferable, non-sublicensable licence to:
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access and use this website and Content solely for the purpose of receiving the benefit of the Services;
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create a hyperlink to this website provided that:
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the link should not portray Kindled Flames, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner;
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if requested by Kindled Flames, you must remove any hyperlink to this website contained on your website or any other digital content;
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you may not use any Kindled Flames logo or other proprietary graphic as part of the link without our express prior written consent as appropriate.
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Nothing on this website shall be construed as conferring any license in respect of any of Kindled Flame's or any other person's intellectual property rights, whether expressly, by interference, by implication, or otherwise. You must seek the permission of the relevant copyright holder in order to use third party Content.
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Unless otherwise specified or as permitted under the Copyright Act 1968 (Cth) or other applicable laws which may not be excluded, restricted or modified, you may not download, display, post, record, mirror, duplicate, copy, retransmit, redistribute, commercially exploit, reproduce or republish any part or aspect of this website or Content in any form, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise.