Terms and Conditions
1. Use and Access of the Service
1.1. The terms and conditions (the “Terms”, “Terms of Service”) herein apply to the access and use by you and your child (“You” or “Your”) of the website www.CreativKits.com.au, all applications and other interactive services offered thereon and all other applications (including mobile applications) and platforms made available by Raga Consulting Pty Ltd (together, the “Service”).
1.2. The Service is owned and operated by Raga Consulting Pty Ltd (ACN: 600 733 462) (“We” or “Our” or “Us”).
1.3. By accessing and using the Service, You agree to comply with and be bound by the Terms.
1.4. 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.
1.5. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.6. 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.
1.7. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1.8. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state 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 unauthorized 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.
2. Parental Guidance
2.1. The Service is intended to be accessed and used by children between the ages of 5-15 years.
2.2. Given the online nature of the Service and that the users thereof are primarily children, We are conscious of addressing security and safety concerns. As such, a copy of all communications sent by Us to the child for the purposes of providing them the Service will be sent to the parent or guardian of the child.
2.3. While We will take reasonable measures to address security and safety concerns, given the online nature of the Service, We cannot guarantee the security and safety of all users.
2.4. The parent or guardian of a child who uses and accesses the Service is solely responsible for deciding whether the child’s access and use thereof is appropriate.
2.5. Parents and guardians who allow their child to access and use the Service are hereby deemed to consent to their child’s access and use of the Service and to have accepted that they are solely responsible for their child’s access and use thereof. To that end, parents and guardians should supervise and assist their child while they access and use the Service.
3. Conditions of access and use
3.1. In accessing and using the Services You understand and agree to the following:
a) You will not engage in any conduct that is:
b) The Service may include links to third party sites, owned and operated by third parties, which are not under Our control. Any links are provided as a convenience to You and the existence of a link to other sites does not imply an endorsement by Us of the linked site and We are not responsible for the material or content contained thereon.
c) You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
d) 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 of the terms on which tools are provided by the relevant third-party provider(s).
e) We 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 these Terms of Service.
3.2. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) 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;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
3.3. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
4. Registering an account
4.1. In order to access and use the Service, You may be required to register an account with Us (the ‘Account’).
4.2. You can register Your Account through Our website or, if applicable, another platform owned and operated by Us.
4.3. In registering Your Account, You understand and agree to the following:
a) You are permitted to create one Account for each user of the Service;
b) The personal identifiable information provided by You for the purposes of creating Your Account must be true, accurate and complete. In the event of any changes, it is Your responsibility to update this information;
c) In order to provide the Service, We will contact You by email and, to this end, if You do not receive emails from Us, it is Your responsibility to check your spam or junk email folder or filter and then contact Us. It is Your responsibility to ensure Your email is set up so that You can receive emails from Us and We hereby disclaim any and all liability for Your failure to fulfil this responsibility; and
d) You must maintain the confidentiality of Your Account, the responsibility of which You alone bear. To this end, You will not disclose Your password to anyone and You will take all reasonable steps to ensure a third party does not gain access to Your Account.
5. Orders, Fees and Charges
5.1. Unless the Service is offered in accordance with a promotional offer, which offer may be made by Us at Our sole discretion from time to time, You will be charged a fee, inclusive of GST and in Australian dollars, for the Service (the ‘Fee’).
5.2. We will, using our best efforts, ensure that the Fee is clearly stated on Our website. In the event however the price thereof is incorrectly stated, We are under no obligation to charge You the incorrect price.
5.3. The Fee will be charged, and is to be paid by You, upon registration of Your Account.
5.4. You confirm that all payment details You provide are correct and that You are authorized to use these details.
5.5. We do not collect or store Your credit card information; rather, all credit card processing is done through Shopify or Paypal. You hereby authorize Shopify or Paypal to procure payment from You in consideration for the Fee.
5.6. On successful payment, an invoice will be issued to You via email.
5.7. Within five working days of the date of payment, You are permitted to cancel the Service, at which time a full refund will be made to You via the online payment gateway to the card originally used for payment. No refund will be made for cancellations after this time including if, for any reason whatsoever, You are unable to participate in the Service.
5.8. 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.
5.9. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6. Intellectual Property
6.1. All intellectual property rights in the software, systems and content owned by or licensed to Us on the Service, including (without limitation) logos, images, names, designs, trademarks and copyright (the “Content”), are property belonging to Us or Our affiliates, assigns or licensors.
6.2. The Content is provided to You solely for Your personal and non-commercial use. You are not permitted to copy, print or download any part of the Content.
6.3. Unless otherwise agreed by Us in writing, You may not reproduce, republish, modify, adapt, translate, prepare derivative works from, reverse engineer or disassemble the Content.
6.4. 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.
7.2. 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.
8. Representations and Warranties
8.1. You understand and agree that Your use and access of the Service is at Your own risk and that You alone are responsible for any damage or loss that results therefrom.
8.2. You understand that the Service is for Your enjoyment and for recreational purposes only and, to that end, We do not warrant that by accessing and using the Service You will gain any intellectual benefit of any kind.
8.3. The Service, all content, products and software provided on the website are provided to You on an “as is” and “as available” basis without guarantees, warranties or representations of any kind, whether express or implied, including, without limitation, warranties as to merchantability, acceptable quality and fitness for any purpose, which, to the fullest extent permitted by law, We hereby expressly disclaim.
8.4. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
8.5. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
8.6. We do not warrant that the Service, will be available without interruption or error-free or that Our website, server, hardware and software that support the Service are free from viruses, bugs and the like that may interfere with the normal operations of Your systems.
8.7. To the extent that any applicable law does not permit the disclaimer of warranties, the Service, all content, products and software provided on Our website are warranted only to the minimum amount legally required.
8.8. In no case shall Raga Consulting Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9.1. Termination by You
a) You may terminate Your Account at any time and for any reason by suspending or deleting Your Account and terminating Your use of the Service.
b) You must notify Us in writing that You have terminated Your Account within 24 hours of doing so.
c) Subject to clause 5.7, in the event You terminate Your Account, You will not be entitled to any refund.
9.2. Termination by Us
a) If We, in Our sole discretion, are of the view that You are in breach of any of these Terms, We may, without notice, suspend or terminate Your Account and Your use of and access to the Service.
b) You are not entitled to any compensation for, and We are not liable in respect of, the termination or suspension of Your Account.
10. Disclaimer and Limitation of Liability
10.1. You understand that the Service is for Your enjoyment and for recreational purposes only and that Your use and access of the Service is at Your own risk. We shall not be responsible for any damages that may arise in connection with Your use and access of the Service except to the extent caused by Our negligence, willful misconduct or breach of the Terms.
10.2. To the fullest extent permitted by law, under no circumstances will We, Our agents, contractors, employees, licensees, suppliers or servants be liable for any of the following losses or damage:
a) Loss of emotional well-being;
b) Psychological Injury;
c) Death or Personal Injury;
d) Losses suffered by third parties; or
e) Any indirect, consequential, special or exemplary damages or losses, that is suffered or incurred by You by reason of Your access, use or inability to use the Service, even if We are advised of the possibility of such damage or loss.
10.3. To the fullest extent permitted by law, in the event We are found to be liable to You Our maximum aggregate liability shall not exceed the amount that You have paid for the Service to which the liability relates.
10.4. To the fullest extent permitted by law, if You are dissatisfied with the Service, do not agree with any of these Terms or have any other dispute or claim with or against Us related to the Service, Your sole and exclusive remedy is to discontinue use of the Service.
10.5. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
10.6. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
11. Release and Indemnity
11.1. You agree to release Us from all actions, cause of action, suit, claims, debt, damages, costs and demands, whether at law or in equity or under any statute, and whether past, present or future, and whether by You or persons acting on Your behalf in any way, arising out of this Agreement.
11.2. You hereby agree to indemnify Us against any and all losses, claims, costs (including legal costs on a solicitor-client basis), expenses, actions, demands, liabilities or any other proceedings, whatsoever incurred by Us in respect of any claim by a third party arising from or connected to Your use of the Service.
11.3. These Terms can be used as a bar to any proceedings issued against Us or claims made against Us arising from these Terms by any party. In the event any such claims are made or proceedings are issued against Us, You agree to pay the legal costs We incur in defending any such claim or proceedings.
11.4. You agree to indemnify, defend and hold harmless Raga Consulting Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12.1. Entire Agreement
a) These Terms, together with any other rules or policies referred to herein, constitutes the entire Agreement and supersedes and cancels all prior negotiations between the parties with respect to subject matter hereof.
a) We may, at any time and at Our sole discretion, amend, modify or otherwise alter these Terms.
b) Any amendments, modifications or alterations to the Terms shall become effective upon the posting thereof.
c) Your continued use of the Service following the posting of amendments, modifications or alterations constitutes Your acceptance of the revised Terms.
a) If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these Terms are intended to be effective, then, to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Agreement and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
12.4. Governing law and jurisdiction
a) The Terms are governed by and construed in accordance with the laws of Victoria (Australia) and You irrevocably submit to the exclusive jurisdiction of the Victorian Courts.
12. Product or Services
12.1. Certain products or services may be available exclusively online through the website.
12.2. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
12.3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
12.4. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
12.5. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
12.6. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
13.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
13.2. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
13.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, 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.
13.4. You may 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 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.
14. Contact Information
14.1. Questions about the Terms of Service should be sent to us at Instein@creativkits.com.au.