Disclaimer, Limitation of Liability and Indemnity
This disclaimer, limitation of liability and indemnity is made on behalf of KIMAA. All references to KIMAA, the website KIMAA.com.au, “we,” “us” or “our” refer to the legal entity, KIMAA (ABN 6500 317 6029). Reference to “you” or “your” means you the user and/or customer, and “item(s)” refer to products. The disclaimer, limitation of liability and indemnity are considered to be part of our terms and conditions. By using the KIMAA website, you agree to our terms and conditions, including this disclaimer, limitation of liability and indemnity.
Our Disclaimer, Limitation of Liability and Indemnity:
Disclaimer of Warranties
- By accessing and using the KIMAA website you acknowledge and agree that use of the website and the content is entirely at your own risk.
- To the fullest extent permitted by the law, we make no representations or warranties regarding the website and its contents, including, without limitation, no representation or warranty that: (1) the website and/or its contents will be accurate, complete, reliable, suitable or timely; (2) the operation of the website will be uninterrupted or error free; (3) the website will be free from viruses or harmful components; (4) defects or errors in the website will be corrected and (5) communications to or from the website will be secure or not intercepted.
- We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner.
Limitation of Liability
- You expressly understand and agree that under no circumstances shall KIMAA or its principals be liable for damages of any kind, including but not limited to, direct, indirect, incidental, consequential, punitive or exemplary damages, arising from or connected with our website, including but not limited to: (1) use of the website; (2) failure of the website to operate (3) errors on the website; (4) viruses on the website or products; (5) third party links; or (6) any purchase or service.
- You expressly understand and agree that KIMAA is not responsible or liable to you or any third party for any threatening, defamatory, obscene, offensive or illegal conduct on the part of any other party or any infringement of another party’s rights, including real or intellectual property.
- To the fullest extent permitted by law, our maximum aggregate liability for any item supplied to you whether in contract, tort or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the item(s) in question.
- KIMAA shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations in such circumstances.
- By choosing to use the KIMAA website, you agree to indemnify KIMAA, its principals, employees, representatives, agents and affiliates from any and all claims or damage made by third parties due to or arising out of (1) content you choose to submit, post or transmit through the website; (2) unauthorised use of any intellectual property or any other information appearing on this website; (3) your use of this website; (4) your violation of the user terms and conditions; or (5) your violation of any rights of another.
- If you are obliged to indemnify KIMAA under this section, we will have the right to control the defence, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without our express written permission.