REFUND POLICY
Returns
Please email us at Kaylafitcollection@gmail.com to request a refund or exchange before returning your item/s. with your order name and number, as well as the reason why you would like to return your item.
Our Customer Service Team will then ask few mandatory questions regarding your return in order to for us to avoid people taking advantage of our system.
To be eligible for a return, your item must not be damaged by using it in a way it was not meant to be used. Product does not have to be in original packaging, but consumer will need to provide proof of purchase, such as receipt. There is no refund policy if you change your mind, decide you do not like
the goods or have no use for them.
Several types of goods are exempt from being returned. Non-returnable items are gift cards and downloadable software products.
To complete your return, we require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted:
Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Refunds
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. Please remember it can take some time for your bank or credit card company to process and post the refund too.
Late or missing refunds
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at Kaylafitcollection@gmail.com.
Exchanges
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at Kaylafitcollection@gmail.com. The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
Shipping
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
SHIPPING POLICY
Please be aware of changes to delivery timeframes due to COVID-19.
We understand that getting your order delivered straight to your door is a priority.
Our shipping partner is currently experiencing delays globally due to the increased volume of people shopping online. This is having an impact on many online orders and we therefore ask you to please allow extra time for your parcel to be delivered. For more information on current delays within your area please visit Australia Post for the most up to date information.
Once you receive a tracking number, your parcel has been successfully dispatched from our Distribution Centre and on its way to you. You can find your tracking number on your confirmation email. Please check your junk mail if you have not received this email.
To follow its progress from there, the best thing to do is to continue to track your parcel for further updates.
PLEASE BE AWARE:
Australia Post may contact you offering safe drop - if you accept this, we do not take responsibility for the package.
Public Holidays may affect dispatch and shipping timeframes.
check your shipping details to ensure they are correct before completing your order
If a parcel is returned to sender, the customer will be responsible for the additional shipping charges.
Any customs charges and duty charges that may be applied by the government of the destination country. Kayla FitCollection does not cover import liabilities, this is the responsibility of the customer
AUSTRALIA SHIPPING:
FREE standard shipping on all orders over $50 AUD
FREE express shipping on all orders over $160 AUD
Standard: $6.65 AUD
Express: $9.95 AUD
PRIVACY POLICY
SCOPE OF PRIVACY NOTICE
We understand and respect your privacy and the need to protect your personal data.
This Privacy Notice applies to your use of this Site (Kaylafitcollection.com), regardless of how you access or use the Site, including access via mobile devices.
This Privacy Policy describes how www.Kaylafitcollection.com (the “Site” / “we”) collects, uses and discloses your personal data, when you visit or make a purchase from the Site.
We may update this Privacy Notice in order to legal, regulatory, operational reasons, changes to our practices or to reflect.
CONTROLLER
The entity responsible for the collection and processing of your personal data in connection with your use of the Site depends on where you use the Site.
DISCLOSURE TO OTHER ENTITIES OVERSEAS
We may disclose some or all of your personal data to related or third-party overseas entities pursuant to the terms of this Privacy Notice.
PERSONAL INFORMATION WE COLLECT AND USE
When you visit the Site or make a purchase on the Site, we automatically collect certain information about your device (including mobile devices) and your personal information, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device.
Additionally, as you browse the Site, we collect information about the individual web pages, products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site, data about the pages you visit, the access time, frequency and duration of visits, the links on which you click and other actions you take as part of your use of the Site and in advertising and email content. Location data, including the location data of your mobile device. We refer to this automatically-collected information as “Device Information”. We collect Device Information using the following technologies: “Cookies”, “Log files”, “Web beacons”, “tags”, “pixels”.
We collect and use : your name, billing address, shipping address, telephone numbers or email addresses.
Financial information-credit card numbers and payment details in connection with a transaction.
Delivery, billing, and other information you provide in connection with the purchase or delivery of an item.
Other data that we are required or entitled by applicable law to collect and process and that we need for your authentication or identification, or for the verification of the data we collect.
PURPOSES, LEGAL BASIS FOR DATA PROCESSING AND SHARING YOUR PERSONAL INFORMATION
Your personal data are processed for various purposes and pursuant to various legal bases. We process your personal data to operate and improve the Site, to provide you with a personalised user experience on this Site, to comply with our legal obligations, to provide customer service, to contact you about your transactions entered into the Site, to provide you with personalised advertising and marketing communications. We also share your information with entities related to us and third parties for these purposes. We use your personal data to fulfill any orders placed through the Site (e.g. processing your payment information, arranging for shipping, providing you with invoices and/or order confirmations), to screen our orders for potential risk or fraud.
Your Personal Information may be shared to comply with applicable laws and regulations, to respond to a validly-issued subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
In terms of third parties, we use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
We use Google Analytics to help us understand how our customers use the Site – you can read more about how Google uses your personal data here: https://www.google.com/intl/en/policies/privacy/. https://tools.google.com/dlpage/gaoptout.
BEHAVIOURAL ADVERTISING
We use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
YOUR RIGHTS
Subject to possible limitations under specific national law where you are resident, as a data subject, you have the right to access, rectification, erasure, restriction of processing and data portability with regard to your personal data. In addition, you can withdraw your consent and object to our processing of your personal data on the basis of legitimate interests. You can also lodge a complaint with an appropriate regulatory authority.
GDPR
If you are a resident of the European Economic Area, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.
CCPA
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
The exercise of the above data subjects' rights (e.g. right to access or erasure) is generally free of charge. Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge an appropriate fee (at most our actual costs) in accordance with the applicable statutory regulations or refuse to process the application.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
COOKIES & SIMILAR TECHNOLOGIES
When you use our Site, we and selected third parties may use cookies and similar technologies to provide you with a better, faster and safer user experience or to show you personalised advertising.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.
DATA SECURITY
We protect your personal data through technical security measures to minimise risks associated with data loss, misuse, unauthorised access and unauthorised disclosure and alteration. To this end we use firewalls and data encryption, for example, as well as physical access restrictions for our data centres and authorisation controls for data access.
If we suffer a data security breach that involves your personal data such that:
there is unauthorised access to or unauthorised disclosure of your personal data, or a loss of your personal data, that we hold; and
this is likely to result in serious harm to you; and
we are not able to prevent the likely risk of serious harm with appropriate remedial action
we will notify you of the details of the breach. We will also notify the relevant regulatory authority.
MINORS
The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e mail at Kaylafitcollection@gmail.com
TERMS OF SERVICE
OVERVIEW
This website is operated by Kayla FitCollection. Throughout the site, the terms “we”, “us” and “our” refer to Kayla FitCollection. Kayla FitCollection 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.
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.
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.
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.
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.
ONLINE STORE TERMS
• By placing an order, you are offering to purchase a product on and subject to these Terms of Service. Product the subject of orders made by you are subject to availability and confirmation of the order price
• 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 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.
• Discount or 'coupon' codes are only applicable as advertised on our website. Only a single discount code can be applied upon checkout. For more details about the validity of these codes, please contact kaylafitcollection@gmail.com. We reserve the right to cancel and refund orders at any time.
• Risk and title in any products ordered by you through the Service passes to you on the date and time of delivery of those products to the nominated third-party delivery or shipping company as selected by us from time-to-time.
• The special terms associated with our current offers, discounts and applicable products can be found here. We may offer discount codes to be used from time-to-time. No more than one (1) discount code may be used in relation to a single transaction.
• We provide extensive shipping options to ensure your customer experience can be customised. Free Standard Shipping is a regular service provided by Australia Post with a 2-8 business day transit time. Express Shipping is an express shipping service provided by Australia Post which is far less prone to delays and decreases transit times to approximately 2-4 business days. By default, these services require a signature. By choosing either of these options you authorise Kayla FitCollection to transact with Australia Post on your behalf to ship the product to you. You acknowledge that Kayla FitCollection’s obligations to you end once we have provided the product to Australia Post for shipping to you. Kayla FitCollection takes no responsibility for any delay, loss, damage or theft arising from the service provided by Australia Post or from your actions on delivery. By selecting either of these Australia Post options you acknowledge that you shall have no recourse or right to any compensation from Kayla FitCollection in relation to delayed, lost, damaged or stolen products. If your item is delayed, lost, damaged or stolen you agree to seek relief directly from Australia Post under their terms and conditions of service or to accept personal responsibility if you are not covered thereunder.
GENERAL CONDITIONS
• 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.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
• 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.
• 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.
MODIFICATIONS TO THE SERVICE AND PRICES
• 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. Strikethrough prices may consider the discount code mentioned in the description.
PRODUCTS OR SERVICES (if applicable)
• Certain products or services may be available exclusively online through the website. 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 colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
• 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. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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.
• 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.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
• 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.
• You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
• For more detail, please review our Returns Policy, which forms part of these Terms of Service.
INTELLECTUAL PROPERTY
• The intellectual property rights in all content that appears on, or in connection with, this site, including the Kayla FitCollection brand and all other trademarks, trade names and logos made available to you on or through this Website remains the property of Kayla FitCollection or its licensors and are protected by intellectual property laws around the world. All such rights are reserved by Kayla FitCollection and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content of the site or copies of the content supplied to you or which appears on this site nor may you use any such content in connection with any business or commercial enterprise.
OPTIONAL TOOLS
• We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• 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.
• 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).
• 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.
THIRD-PARTY LINKS
• Certain content, products and services available via our Service may include materials from third-parties.
• Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
• 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. 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.
• 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. 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.
PERSONAL INFORMATION
• Our collection of personal information through the site and store is governed by our Privacy Notice, the terms of which are incorporated into these Terms of Service. Our Privacy Notice can be viewed here. By accessing the site and purchasing products from our store, you expressly consent to the collection of your personal information as governed by the Privacy Notice.
ERRORS, INACCURACIES AND OMISSIONS
• 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).
• 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.
PROHIBITED USES
• 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
• We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
• We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
• You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
• You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• In no case shall Kayla FitCollection, 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.
• Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded, Kayla FitCollection excludes all implied terms and warranties, whether statutory or otherwise, relating to your use of the Service or the subject matter of these Terms of Service. You may be entitled to certain rights under consumer protection law or other laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth) and the Consumer Guarantees Act 1993 (NZ).
• Our liability to you for loss or damage of any kind arising out of your use of the Service or these Terms of Service will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
INDEMNIFICATION
• You agree to indemnify, defend and hold harmless Kayla FitCollection 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.
SEVERABILITY
• In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
• The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
• These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
• Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
• These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia and, in the event of a dispute or claim associated with these Terms of Service, you hereby submit to the exclusive jurisdiction of the Courts of the State and the Western Australian District Registry of the Federal Court of Australia.
CHANGES TO TERMS OF SERVICE
• You can review the most current version of the Terms of Service at any time at this page.
• We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
• Questions about the Terms of Service should be sent to us at kaylafitcollection@gmail.com.