TERMS OF USE

These terms and conditions govern the use of kennedyparker.store  ("this website") and the purchase of any goods from it.

ACKNOWLEDGEMENT AND ASSESSMENT

By accessing, using or browsing this website, you agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. We may amend or update these terms and conditions at any time by posting any changes at this website, without providing notice to you. These Website Terms of Use (including where applicable, our Privacy Policy, Returns and Delivery Policy and our terms and conditions for the sale of Goods on the KENNEDY PARKER website) set out the entire agreement between you and Balcony View Investments dba Kennedy Parker and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

COPYRIGHT AND TRADEMARKS

Copyright in this website and its content is the property of Balcony View Investments Pty Ltd (ACN: 641 224 624) (“dba Kennedy Parker”). You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including any commercial use of the content of this site, is strictly prohibited.

This website also contains registered trademarks and trademarks which are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.

DISCLAIMER

The information contained on this website is provided by Kennedy Parker in good faith. To the best of Kennedy Parker’s knowledge, the information is accurate and current. However, this site and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current.

Kennedy Parker and their related bodies corporate, and their directors, officers, employees, or agents ("Kennedy Parker's Associates") make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

LIMITATION OF LIABILITY

Subject to any non-excludable liability implied by legislation, any liability of Kennedy Parker or Kennedy Parker's Associates in connection with goods or services supplied to you will, at the election of Kennedy Parker, be limited to:

in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and

in relation to services, the supply of the services again or the payment of the cost of having the services supplied again.

The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in New Zealand, under the Consumer Guarantees Act 1993). Subject to any non-excludable liability (including under consumer laws), Kennedy Parker will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through this website.

VIRUS WARNING

All care is taken to ensure that this website and data transmissions are free from viruses. However, Kennedy Parker cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release Kennedy Parker entirely of all responsibility for any consequences of its use.

THIRD PARTY SITES

This site may contain links to third party sites. Kennedy Parker is not responsible for the condition or content of those sites as they are not under Kennedy Parker’s control. You access those sites and/or use the sites' products and services entirely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Kennedy Parker of the sites or the products or services provided on the site.

APPLICABLE LAW

These terms of use are governed by the laws in force in Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Australia and any Courts which may hear appeals from those Courts.

This site may be accessed from Australia or overseas. Kennedy Parker makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. 

Only you and Kennedy Parker are entitled to enforce these website terms. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these website terms, whether by virtue of legislation or otherwise.

OWNERSHIP OF SUBMISSIONS

Other than personal information which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Kennedy Parker on or through the website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") will become and remain the property of Kennedy Parker once submitted. You must comply with the content standards for Submissions set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Kennedy Parker the rights set out in these terms in respect of your Submissions.

SOCIAL NETWORKING SITES

These terms also govern any Submissions you make on any Kennedy Parker related third party website or page such as our Facebook page, Instagram, Twitter, YouTube or other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Kennedy Parker or its employees and Kennedy Parker is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites terms of use, as applicable.

INTELLECTUAL PROPERTY RIGHTS

A disclosure, Submission or offer of any Submissions and your agreement to these terms and conditions shall constitute an assignment to Kennedy Parker of any intellectual property rights in the disclosure or Submission. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make Submissions on any Kennedy Parker’s related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these terms. Any third-party advertising on Kennedy Parker’s pages of third party social networking sites are not the responsibility of, or endorsed by Kennedy Parker. All rights, including copyright on Kennedy Parker’s pages are owned by or licensed to Kennedy Parker. Any use of any Kennedy Parker’s social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Kennedy Parker. All worldwide rights reserved.

CONFIDENTIALITY

Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Kennedy Parker related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right (but no obligation) to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).

RULES FOR SUBMISSIONS

Please be polite and only write in English.

You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property rights of others.

If you require an immediate response from us or have a comment about our service please contact us HERE for a quick response.

Submissions should not include:

profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others

comments about other reviewers or bloggers

remarks making criminal accusations, or false, defamatory or misleading statements

material which impersonates others

spam or advertising

third party brand names or trademarks

personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers

HTML code, computer script or website URLs

availability, price or alternative ordering or delivery information

information about Kennedy Parker’s suppliers or manufacturers

Kennedy Parker, in its absolute discretion, reserves the right to:

not publish the Submission or remove it

take any appropriate action if deemed necessary

remove reviews which relate to seasonal products which are no longer in season

Please let us know if you see any Submissions which do not comply with our rules.

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.

Version 2.1, July 2024, Flashy72 Pty Ltd dba Kennedy Parker