1. Application of Terms
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
a) you agree to these Terms; and
b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 21/02/2018.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means KYT Bags Limited
Website means https://kytbags.com
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4. Your Obligations
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to email@example.com.
4.3 You must:
a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to firstname.lastname@example.org.
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5. Intellectual Property
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a) the Website being unavailable (in whole or in part) or performing slowly;
b) any error in, or omission from, any information made available through the Website;
c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
a) you access and use the Website at your own risk; and
b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD 345.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD 345.
8. Suspension and Termination
8.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
8.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
9.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
9.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
9.3 For us to waive a right under these Terms, the waiver must be in writing.
9.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
9.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
9.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
This policy sets out how we will collect, use, disclose and protect your personal information. Personal information is information about an identifiable individual (a natural person).
We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.
1. What we do with your information
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
With your permission, we may send you emails about our store, new products and other updates. We will not send unsolicited emails and you can unsubscribe at any time.
When you provide us with personal information to complete a transaction, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, such as email marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
3. Disclosing your personal information
We may disclose your personal information to:
any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services and products
other third parties (for anonymised statistical information)
a person who can require us to supply your personal information (e.g. a regulatory authority)
any other person authorised by law (e.g. a law enforcement agency)
any other person authorised by you
4. How we use your personal information
We will use your personal information:
to verify your identity
to provide services and products to you
to market our services and products to you, including contacting you electronically (e.g. by email)
to improve the services and products that we provide to you
to bill you and to collect money that you owe us, including authorising and processing credit card transactions
to respond to communications from you, including a complaint
to conduct research and statistical analysis (on an anonymised basis)
to protect and/or enforce our legal rights and interests, including defending any claim
Our store is hosted by Squarespace. They provide us with the online e-commerce platform and payment processing that allows us to sell our products and services to you.
Your data is stored through Squarespace’s data storage, databases and the general Squarespace application. They store your data on a secure server behind a firewall.
We accept Visa, Mastercard and American Express credit and debit cards via Stripe. Transactions are secure and encrypted.
Stripe Payments will only collect, use and disclose your information to the extent necessary to allow them to perform the payment services they provide to us. They do not store your credit card details unless you choose to do that.
You do not need an account with Stripe to pay by credit card – you can pay as a guest.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Squarespace & KYT will not see your credit card details.
8. Age of consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
9. Internet use
While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
If you post your personal information on the website’s comment section you acknowledge and agree that the information you post is publicly available.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
10. Questions and contact information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information – contact us at email@example.com.