Terms of Use

TERMS OF USE
(‘Terms’)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern kayakguru.com’s relationship with you in relation to your use of this website.

We may modify and update these Terms at any time, without notice. In using our website and any services we may offer from time to time, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time. If you do not accept these Terms, you cannot use our website or any of our services.

DEFINITIONS

“the website” means kayakguru.com

“We”, “our” and “us” means kayakguru.com, including its directors, employees, contractors and affiliates.

“You” means the visitor or user accessing our website.

REVIEWS AND COMMISSION DISCLAIMER

We are in no way affiliated with any specific provider beyond reviewing and publishing our own reviews of products of Amazon third party providers. We do receive commissions from Amazon or from time to time, the third party provider. We do not make any representations nor are we involved in, responsible or liable for any conduct of Amazon or the third party provider beyond reviewing the goods or services.

Please note: the reviews are our own finding and opinion only. We believe we are providing a fair and impartial description but as we do receive a commission on sales, we are required by law to disclose our commercial relationship. In other words, we at kayakguru.com receive a commission for each purchase from any sales that generate directly from our site.

PRIVACY

We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is handled including all health details which are considered sensitive information. We only collect information required to provide our Services and we keep this information in secure encrypted servers. We will not disclose any personal information without consent unless required due to a medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.

For details of how we collect and manage private information, please refer to our separate Privacy Policy.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.

AVAILABILITY OF WEBSITE

We make no warranty that the website or services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details of any Advertiser to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms of Use.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website or services. You acknowledge and agree that we are a facilitator only and are not in any way responsible for the conduct of any third party provider related to any products you may have ordered.

We are in no way to be held liable, directly or indirectly for any loss, injury or damage that may result from any reliance on any advice, information or otherwise indirectly related to the use of our services.

Our liability is governed by the Australian Consumer Law and these Terms. And other conditions and warranties which may be implied by custom, law or statute are expressly excluded.

This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in relying on the information on our website or using the services you can access through our website and we cannot be liable for your use of or reliance on any information or services.

Whilst we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

In any event, our liability to you will not exceed the amount actually paid by you to us or $100AUD, whichever is the lesser.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

LINKS TO OTHER WEBSITES

kayakguru.com may, from time to time, provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between kayakguru.com and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

kayakguru.com’s website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard. We also take no responsibility for your reliance on the information on these third party website you may access through our website. You do so at your own risk.

POSTING OF COMMENTS
By using our website and contributing to or participating in any comments, you agree to the following Terms:

• Any recommendations, reviews, comments, information, images, videos or posts (together “Posts”) you make to our website will abide by our terms and will be made in the spirit, culture and ethos of the website;

• You agree you will only make correct, accurate Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false claims, defamation, harassment, fraud, collusion, or Posts that may offend any person, visitor, or other third party. We can at any time, in our sole discretion, remove any Post and block your access to our website without notice;

• Posts are not permitted that:
o encourage illegal intent
o contain ads, links or other forms of advertising
o solicit business
o are abusive or malicious against any other participant, our staff or any third party;

• We will also take action, where required, against any person that does not abide by these terms in relation to Posts and where any action is taken against us by any person, visitor or any or third party as a result of your Post;

• You may post recommendations, businesses you have used the goods or services of, experiences and other information to the Website. You agree to only do so in good faith, with honest, fair and non-offensive reviews, using appropriate language, truthful descriptions and helpful comments;

• The posting of comments, reviews and your experiences on the Website is meant to try to help other visitors to the website, and to share your guidance and information. Our aim is to encourage helpful comments and feedback and hope that you will assist, benefit and enjoy this initiative. We ask that you carefully consider any comments you may post and the impact they may have in a respectful manner;

• In particular please be respectful and considerate to businesses and other users. Any offensive, abusive, rude, untruthful, defamatory, or otherwise objectionable material will be immediately deleted and your access to the website may be cancelled without warning in our sole discretion;

• You understand and agree that we may review and delete any content, including but not limited to images, messages, photos, profiles or material that in the sole judgment of kayakguru.com violates these Terms, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users. You may be banned from using the website at any time and in the sole discretion of kayakguru.com.

• Opinions, advice and all other information expressed by participants in discussions or Posts are those of the author unless indicated and not kayakguru.com and anyone associated with our website. You rely on any such information at your own risk and need to make your own enquiries before taking any action related to any Post.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of kayakguru.com. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of kayakguru.com.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name (or any of our advertisers).

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any part of the website. We shall not be liable to you or any third party for any modification when it is required.

GOVERNING LAW

These Terms of Use are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.