KER AU Online Store


Terms of Service

TERMS AND CONDITIONS

A. KER STORE TERMS OF SALE

B. KER STORE TERMS AND CONDITIONS

C. PRIVACY POLICY

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE KER STORE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE LEGAL AGREEMENTS, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE LEGAL AGREEMENTS, YOU SHOULD NOT USE KER'S SERVICES OR ACCESS THIS WEBSITE.

A. KER STORE TERMS OF SALE

The KER store is provided by Kentucky Equine Research (Australasia) Pty Ltd ("KER"). Our ABN is 31081426780 and our registered office is Unit 7, 35 Dunlop Rd., Mulgrave, VIC, 3170.

PAYMENTS and TAXES

The KER store only accepts credit cards (Visa, Mastercard). Where a credit card is being used for a transaction, KER may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of, or shortly after, your transaction.

You agree that you will pay for all products purchased, and that KER may charge your credit card for any products purchased and for any additional amounts, including any taxes and late fees, that may be accrued by or in connection with your purchase. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING KER WITH A VALID CREDIT CARD OR ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the payment process.

The amounts payable for transactions are expressed inclusive of GST and each such amount includes an amount equal to the GST payable in respect of the supply to which the amount relates. No customers are eligible for tax exemptions for transactions made.

Prices for products offered may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.

If a product becomes unavailable following a transaction but prior to shipment, your sole remedy is a refund, to the full extent permitted by law. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by KER. Your statutory rights are not affected.

EXCHANGES, REFUNDS, and RETURNS

KER does not exchange, refund, or accept return of an item once it has been purchased except in the case of defective, damaged, or incorrect goods. If you receive an item that is defective, was damaged during shipping, or is not the item you ordered, contact KER within 14 days of receipt of your order.

KER does not accept returns without prior authorization. Please contact our office for exchange, refund, or return authorization.

Please do not return items COD. Any charges for COD shipment will be deducted from your refund amount or billed to your previous method of payment. Liability for lost freight, and any insurance costs associated with product return are your responsibility. Insurance and shipment by courier or registered mail are recommended.

If we cannot supply your order within a reasonable time, KER will contact you by email with a notification of backorder and estimated arrival time. You can choose to wait for the order, or cancel at any time.

DELIVERY

KER utilizes Australia Post or independent couriers for shipment depending on the location and size of order. You will receive a shipping confirmation email that will confirm which carrier was used for your products. We do not offer pickup facilities or customer-arranged couriers.

KER offers a flat rate delivery fee of $12.50 per order to delivery addresses throughout Australia. Use of the flat rate fee means that (i) this is a flat fee per ORDER not per item (ii) delivery may take up to 10 working days depending on the delivery address (iii) no tracking of orders or signature on delivery is provided. Customers wanting prompt delivery should check the Express Post box during checkout.

KER must be notified immediately of any issues with goods damaged in transit or delivery itself. Items are always delivered within 7-10 business days to even the most remote locations. KER is not liable for items damaged in transit or non-delivery of goods if notification is not received within 14 days of receipt of order.

CONTENT AVAILABILITY

KER reserves the right to change content options and product availability and pricing without notice.

USE OF PURCHASED PRODUCT

You agree that you shall use products in accordance with all applicable rules and regulations. Except to the extent that applicable laws prevent KER restraining you from doing so, you agree not to reverse engineer or tamper with the products for any reason - or to assist another person in doing so.

SUBMISSIONS TO KER'S WEBSITE

KER's websites may offer interactive features that allow you to submit materials, including links to third-party content, on areas of the service accessible and viewable by the public. You agree that any use by you of such features, including any material submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on KER's websites. You hereby grant KER a worldwide, royalty-free, nonexclusive license to use such materials as part of KER's services, and in relation to products, without compensation or obligation to you. KER reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.

KER has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on KER websites, to investigate any reported or apparent violation of this Agreement, and to take any action that KER in its sole discretion deems appropriate.

THIRD-PARTY MATERIALS

Certain content, products, and services available may include material from third-parties. KER may provide links to third-party websites as a convenience to you. You agree that KER is not responsible for examining or evaluating the content or accuracy and KER does not warrant and, to the full extent permitted by law, will not have any liability or responsibility for any third-party materials or websites, or for any other material, product, or service of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that KER is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY

The Websites, included content, and any derivative works or enhancements of the same including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names, and trade dress that may appear on our Websites are owned by us, our licensors, or both. Except for the limited use rights granted you in these Terms of Use, you shall not acquire any right, title or interest in our Websites or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

COPYRIGHT POLICY

1.We respect the intellectual property rights of others and expect you to do the same. In appropriate circumstances, and at our sole discretion, we may remove or disable access to material on any of our Websites or hosted on our systems that may be infringing or the subject of infringing activity.
2.If you are a copyright owner, or authorized to act on behalf of a copyright owner, and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing a written notification that contains the following:
1.A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is alleged to have been infringed.
2.Identification of the copyright work that is alleged to have been infringed.
3.Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4.Information reasonably sufficient to permit us to contact you, such as and address, telephone number, or electronic mail address at which you may be contacted.
5.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6.A statement that the information in the notification is accurate, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TERMINATION

We reserve the right, in our sole discretion and at any time, to terminate or suspend your use of, or access to, our Websites for any reason including, without limitation, if you have failed to comply with the spirit and letter of these Terms of Use. You agree that KER shall not be liable to you or any third party for any termination or suspension of your use, or for blocking your access to our Websites. Any suspension or termination shall not affect your obligations to us under these Terms of Use.

DISCLAIMER OR WARRANTIES; LIABILITY OF LIMITATION

1.You expressly agree that use of our Websites is at your sole risk. The Websites and Website Content are provided on an "as is" and "as available" basis without warranty of any kind, express or implied. Without limiting the foregoing, and to the fullest extent permitted by law, KER and its officers, directors, employees, partners, agents, distribution partners, affiliates, and their related companies disclaim any and all warranties including: warranties that the website will meet your requirements; warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the Websites or Website Content; warranties of title, non-infringement, merchantability, or fitness for a particular purpose; warranties for services or goods received through or advertised on our Websites or accessed through our Websites; warranties concerning the accuracy or reliability of the results that may be obtained from the use of our Websites; warranties that your use of the website will be secure or uninterrupted; and warranties that errors in software will be corrected.
2.Under no circumstances shall KER or its officers, directors, employees, partners, agents, distribution partners, affiliates, or their related companies be liable for indirect, incidental, special, consequential, or exemplary damages, arising out of, relating to, or in any way connected with our Websites or these Terms of Use. Your sole remedy for dissatisfaction with our Websites including, without limitation, the Website Content, is to stop using the Websites. Such limitation shall also apply with respect to damages incurred by reason of services or products received or advertised in connection with any of our Websites or any links on our Websites, as well as by reason of any information or advice received through or advertised in connection with any of the Websites or links on any Websites. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Websites.
3.You agree that any cause of action arising out of, relating to, or in any way connected with any of the Websites or these Terms of Use must commence within one year after the cause of action accrues; otherwise, such cause of action shall be permanently barred. In some jurisdictions limitations of liability are not permitted. These limitations shall apply to the fullest extent permitted by law.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless KER and its officers, directors, employees, partners, agents, distribution partners, affiliates, and their related companies against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including attorney's fees) arising out of, related to, or that may arise in connection with: your access to or use of our Websites; User Content provided by you; any actual or alleged violation or breach by you of these Terms of Use; any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or your acts or omissions. You agree to fully cooperate with us in the defense of any claim that is the subject of your obligations hereunder.

MISCELLANEOUS

If any provision of these terms is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. These Terms of Use, including the Privacy Policy, constitute the entire agreement of the parties with respect to this subject matter. We may assign these Terms of Use or any rights hereunder without your consent and without notice. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder without our prior written consent.

This service is operated by KER from its offices in Australia. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations. All transactions are governed by the laws of Victoria without giving effect to its conflict of law provisions. You expressly agree that exclusive jurisdiction for any claim or dispute with KER or relating in any way to your use of our products or websites resides in the courts of Australia.

We use reasonable precautions to keep secure the personal information you disclose both in your browsing and your purchases and to only release this information to third parties we believe share our commitment to privacy. However, we are not responsible for any breach of security or for the actions of these parties.

B. KER STORE TERMS AND CONDITIONS

THIS LEGAL AGREEMENT IS BETWEEN YOU AND KENTUCKY EQUINE RESEARCH (AUSTRALASIA) PTY LTD ABN 31081426780 ("KER") AND GOVERNS YOUR USE OF THE KER STORE SERVICE.

ELECTRONIC CONTRACTING

Your use of the services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

KER is not responsible for typographic errors.

KER STORE SERVICE

KER is the provider of the service, which permits you to purchase products for consumer use only under the terms and conditions set forth in this Agreement.

REQUIREMENTS FOR USE OF THE SERVICE

This service is only available in Australia, its territories, and possessions. You agree not to use or attempt to use the service from outside these locations. KER may use technologies to verify your compliance.

Use of the service requires compatible devices, internet access, and certain software. Service may be affected by the performance of these factors. High-speed internet access is strongly recommended. You agree that these requirements, which may change from time to time, are your responsibility. The service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee your access to this service.

C. PRIVACY POLICY

Except as otherwise stated in this Agreement, the service is subject to KER's Privacy Policy at www.ker.com/privacypolicy. In addition, you agree any registration data, as defined below, and/or personal information you provide may be transferred to KER and its related bodies corporate according to the Corporations Act (Cth) 2001, in the U.S. and/or other overseas locations where KER is able to maintain strict control of the data according to local law.

KER may only use this information and combine it with aggregate information or information obtained from third parties to: provide you with recommendations regarding other products and services that you may wish to purchase, and provide recommendations regarding products and services to other consumers.

At all times your information will be treated in accordance with KER's Privacy Policy.

OBTAINING YOUR CONSENT

By using our Web site, you give Kentucky Equine Research permission to collect information about the pages served to you as an anonymous user for the purpose of calculating aggregate site statistics. If you register at www.ker.com, www.kerx.com, or www.equinews.com, you authorize Kentucky Equine Research to use information you provide to personalize the information we deliver to you and to use your demographic information when calculating aggregate customer data.

NOTIFICATION OF CHANGES

Kentucky Equine Research may occasionally amend this policy. If we decide to change our privacy policy, we will post a notification of such change on our home page. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users of such intentions via e-mail. Users will have a choice as to whether or not we use their information in a different manner. We will use information in accordance with the privacy policy under which the information was collected.

If you feel that this company is not abiding by its posted privacy policy, please send an e-mail to info-au@ker.com.

Questions?

If you wish to change any information you have given us, or have any questions on our Privacy Policy, you can contact us at info-au@ker.com.