1. OVERVIEW

 

This website is operated by Queerkka Pty Ltd ACN 653 923 034 trading as Queerkka (‘We, our or us’). The website is available at: Queerkka.com.ai and may be available through other addresses or channels (collectively the ‘Site’).  

By accessing our site and / or purchasing an item from us, you engage in our ‘Service’ and:

1. agree that you have reviewed these Terms and Conditions, including those additional terms and conditions and policies referenced herein and / or available by hyperlink (‘Terms’) and our Privacy Policy;
   
   
2. confirm to us that you are over 16 years of age and you have the legal capacity to enter into a legally binding agreement with us; and
   
   
3. agree to use the Site in accordance with the Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms 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.  

 

2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on the 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. 

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. 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate. 

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

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. 

  

3. ORDERS

 

You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other charges and taxes) at the time you place your order.

We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

When you order and pay on the Site and your payment has been validated, we will provide you with order details, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

 

4. PRICE AND PAYMENTS

 

You must pay us the purchase price of each product you order and any applicable delivery costs based on the delivery options selected by you as set out on the Site (the ‘Price’) in accordance with this clause.

You must pay the Price via credit card, debit card or any other payment methods set out on the Site, such as Visa card, Master card, Google Pay, Apple Pay, Paypal, and Shop Pay.

All amounts are stated in Australian dollars and are inclusive of GST (where applicable). We display delivery costs separately from the purchase price.

You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.

To the extent permitted by law, the Price are non-refundable and non-cancellable once paid.

Prices for our products are subject to change without notice.

 

5. PROMOTIONAL DISCOUNT CODES

 

We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.

 

6. SERVICES AVAILABILITY AND CANCELLATION

 

All purchases made through the Site are subject to availability. We endeavour to keep products in stock and keep availability information up to date on the Site.

We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

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 judgement, 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. 

7. DELIVERY, TITLE AND RISK [GCY NOTE- DO YOU HAVE A SEPARATE DELIVERY POLICY?]

 

We will deliver the products to the delivery address you provide when making your order. We deliver Australia wide and if we cannot deliver to you, we will notify you as soon as practicable. We do not currently ship internationally.

Delivery costs are set out on the site.

We endeavour to dispatch products within 24 hours of receiving an order, unless otherwise noted on the Site.

Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

We may deliver the products using a range of delivery methods. 

Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms.

Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

 

8. 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. 

 

9. 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. 

10. USER COMMENTS, FEEDBACK AND OTHER CONTENT

 

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, ‘User Content’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content 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 User Content; or
   
   
3. to respond to any User Content.

We reserve the right to remove any User Content which we, in our sole discretion, deem to be in breach of these terms deem to be inappropriate including posts that:

1. defame, harass, threaten, stalk, menace, track, monitor, hurt, mistreat, offend or otherwise hurt any person;

2. use obscene or foul language;

3. include link(s) to inappropriate, offensive or illegal material on the forum;

4. could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and

5. interfere with another user.

We are not responsible for the conduct of any user of our Site. You agree and acknowledge that you participate on the Site including by submitting User Content at your own risk.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms);

2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

11. INTELLECTUAL PROPERTY

 

All intellectual property (including copyright) developed, adapted, modified or created by us (including in connection with the Terms and the Site) will at all times vest, or remain vested, in us.

You must not, without our prior written consent:

1. copy or use, in whole or in part, any of our intellectual property;

2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party;

3. breach any intellectual property rights connected with the Site or the products, including but not limited to altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

12. EXCLUSIONS

 

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:

1. for any unlawful purpose;

2. to solicit others to perform or participate in any unlawful acts;

3. 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.

4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

6. to submit false or misleading information;

7. 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;

8. to collect or track the personal information of others;

9. to send any unsolicited messages through or to users of the Site in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”); or 

10. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

11. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

13. Limitations of liabilities

 

Despite anything to the contrary, to the maximum extent permitted by law:

1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed us resupplying the products to you;
   
   
2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

1. loss of, or damage to, the products, or any injury or loss to any person;

2. failure or delay in providing the products;

3. breach of the Terms or any law, where caused or contributed to by any:e

4. event or circumstance beyond our reasonable control;

5. act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

14. GENERAL CONDITIONS

 

Refusal of service: We reserve the right to refuse service to anyone for any reason at any time.

Unencrypted information: You understand that your content (not including credit card information), may be transferred unencrypted and involve

1. transmissions over various networks; and

2. changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

Headings: Headings in this agreement will not limit or otherwise affect these Terms. 

Severance: In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions

Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing

Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

Changes to Terms: You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 constitutes acceptance of those changes.

Governing Law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

 

Questions about the Terms should be sent to us at care@queerkka.com.