Terms of Service
OVERVIEW
This website is operated by Kayak and SUP.
Throughout the site, the terms “we”, “us” and “our” refer to both Kayak and SUP and www.kayakandsup.com.au.
Kayak and SUP 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 these Terms of Service (“Terms”), including additional terms and policies referenced herein and/or available by hyperlink.
These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms.
If you do not agree, you may not access the website or use any services.
We reserve the right to update, change, or replace any part of these Terms by posting updates to this page. Your continued use of the site following any changes constitutes acceptance of those changes.
Our store is hosted on WordPress/WooCommerce, which provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or you have given consent for your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor violate any laws in your jurisdiction.
A breach or violation of these Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted over networks and modified to meet technical requirements.
Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, or exploit any part of the Service without express written permission from us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or not current. The material is provided for general information only and should not be relied upon without consulting more complete or timely sources.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We may modify or discontinue the Service at any time without notice.
SECTION 5 – PRODUCTS OR SERVICES
Products or services may be available exclusively online and in limited quantities and are subject to return/exchange according to our Return Policy.
We cannot guarantee that your device’s display of any color will be accurate.
We reserve the right to limit sales geographically or by customer type and to discontinue any product at any time.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order.
We may limit or cancel quantities purchased per person, per household, or per order, including those using the same account, credit card, or billing/shipping address.
In the event of changes or cancellations, we may attempt to notify you using the provided contact details.
You agree to provide current, complete, and accurate purchase and account information.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control.
Your use of these tools is at your own risk, and you should review third-party terms before use.
SECTION 8 – THIRD-PARTY LINKS
We are not responsible for third-party materials, websites, or services.
Complaints regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND SUBMISSIONS
If you send us creative content (e.g., suggestions, proposals), you grant us the right to edit, copy, publish, and use them without restriction.
You agree that your submissions will not violate third-party rights or contain harmful material.
You are solely responsible for any content you submit.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
We reserve the right to correct errors and to change or update information or cancel orders if any information on the Site or Service is inaccurate at any time.
SECTION 12 – PROHIBITED USES
You are prohibited from using the site or its content for unlawful purposes, soliciting others to commit unlawful acts, violating laws or regulations, infringing intellectual property rights, harassing or discriminating against others, submitting false information, uploading malicious code, or interfering with security features.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted or error-free.
The Service and products are provided “as is” without warranties of any kind.
In no case shall Kayak and SUP, our directors, officers, employees, agents, suppliers, or service providers be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Service.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless Kayak and SUP and affiliates from any claim or demand, including reasonable legal fees, due to your breach of these Terms or violation of any law or third-party rights.
SECTION 15 – SEVERABILITY
If any provision is found unenforceable, it shall not affect the validity of the remaining provisions.
SECTION 16 – TERMINATION
These Terms are effective until terminated by either party.
You may terminate by notifying us that you no longer wish to use our services.
We may terminate this agreement without notice if we believe you have violated any provision.
SECTION 17 – ENTIRE AGREEMENT
These Terms and any related policies constitute the entire agreement between you and us and govern your use of the Service, superseding prior agreements.
SECTION 18 – GOVERNING LAW
These Terms and any related agreements shall be governed by the laws of Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
We reserve the right to update or change these Terms at any time by posting them on this page.
Your continued use of the site after changes are posted constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at: