Terms and Conditions of Use and Sale
Welcome to specialkeatstrong.com.au!
Here you'll find our terms and conditions that apply to you when using the site.
1. User Agreement
1.2. Please read these terms and conditions before accessing or using the Website. If you are under 18 years of age, you must obtain consent from your parent or guardian to access and use this Website.
2. Registration and User Requirements
2.1. You must be a registered member to access some features of the Website. You will provide us with personal information including your name, address, and a valid email address. You must ensure that all information provided by you is accurate and current.
3. Access and use of the Website
3.1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
3.2. You must only use the Website for personal purposes unless otherwise agreed by us in writing.
3.3. You must not (or attempt to):
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our Website or the servers or networks that host our Website;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our Website;
(c) interfere (or attempt to interfere) with security-related or other features of our Website; or
(d) use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
3.4. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
3.5. You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
3.6. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
4. Information on this Website
4.1. You agree to make your own enquiries to assess the suitability of goods or services before you order the goods or services.
4.2. Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
5.1. We will use reasonable care and skill in providing this Website for your use.
5.2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet the requirements of a consumer guarantee under the Australian Consumer Law.
5.3. You should be aware that nothing in this Agreement seeks to exclude or limit any rights you may have, or responsibility we have, that is not permitted to be excluded or limited under the Australian Consumer Law.
5.4. Where permitted by law (and to the extent permitted by law):
(a) The Website is provided “as is” and we do not make any warranty or representation regarding the suitability of the Website or any goods for any purpose;
(b) our liability in relation to or connected with goods or the supply of goods is limited to the replacement of the goods or paying for the cost of replacement of the goods;
(c) our liability in relation to or connected with services or the supply of services is limited to the resupply of services or paying the cost of resupplying the services;
(d) we will not be liable for any incidental or consequential loss or damage including without limitation loss of revenue, loss of profits, loss of opportunity, loss or corruption of data, other economic loss and/or impairment of business reputation and associated loss or damage arising from or connected to this Agreement in contract, tort, under any statue or otherwise unless such loss arises due to our negligence;
(e) we exclude all terms, warranties and conditions whether statutory or otherwise relating to the Website or the subject matter of this Agreement.
5.5. Our liability for loss or damage of any kind arising out of this Agreement or the relationship established by this Agreement is reduced to the extent such loss or damage is caused or contributed to by you.
6. Problems with your goods – contacting us
6.1. If you have a problem with your goods, for example if you consider that your goods are faulty or defective in some way, please contact us via the Help Centre. Please note that in order to assess the matter we may need to have the goods returned to us for inspection, therefore please keep the goods until we advise they can be discarded.
6.2. Where applicable we will be happy to provide a remedy in relation to your goods.
6.3. Any applicable refunds will be issued using the payment method used for purchase or such other method as may be agreed.
7. Change of Mind Returns
7.1. We cannot refund or exchange goods for change of mind or errors you made in your order.
8. Placing Orders
8.1. You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
8.2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
8.3. Orders placed by you are offers to purchase either:
(a) goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges); or
(b) a voucher for particular goods and/or services under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
8.4. We reserve the right to accept or reject your order for any reason including where your order cannot be shipped, the goods are unavailable, there is an error in the price or product description on the Website, there is an error in your order or where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped).
8.5. In addition to the rights set out in clause 8.4, we reserve the right to notify you that goods for which you placed orders have become unavailable. Your order may be delayed, or you may receive a full refund in the event we cannot fulfil your order.
8.6. Goods sold by specialkeatstrong.com.au are not reserved in-cart, and an order is only finalised when you have completed the checkout process and received an order confirmation from us and payment is received in full.
8.7. Each order placed by you through the Website that we accept forms a separate binding agreement between you and us for the supply of the relevant goods.
8.8. We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
8.9. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. Please note that change of mind returns are given at our absolute discretion. We will not change or replace your order where you have made an error.
8.10. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
9. Price, Payment and Use of Discount/Promo Codes
9.1. The prices of goods, delivery and other charges shown are in Australian dollars.
9.2. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
9.3. We reserve the right to amend any pricing mistakes displayed. We will notify you of any pricing mistakes and you may elect to not purchase where the price has been corrected.
9.4. Unless we expressly agree to the contrary in writing, a discount/promo code is only valid for a single transaction and may not be used in conjunction with any other discounts. Unless we expressly agree to the contrary in writing, discount/promo codes are personal to the individual to which they are issued and cannot be transferred or sold. Discount/promo codes are subject to the terms disclosed in connection with their issue. We reserve the right to cancel any or all discount/promo codes at any time if we suspect error, fraud or any other abuse of the discount/promo codes is occurring.
10. Shipping and Delivery
10.1. Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
10.2. We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post).
10.3. Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
10.4. Express post is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
10.5. You are responsible for ensuring you or an authorised person is available to accept delivery. Anyone at the delivery address who receives the goods shall be presumed by us to be authorised to receive the goods. If there is no one at the delivery address to receive the goods when they are delivered the goods will not be left at the delivery address. In this case, an additional delivery fee may apply. A cancellation fee may also apply. We will not be held liable for late delivery where attempted delivery has occurred on or before the delivery time-frames.
10.6. If the delivery address is invalid or incorrect, we’ll endeavour to contact you and may charge an additional delivery fee. A cancellation fee may also apply.
10.7. We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
11. Risk and Title in the Goods
11.1. Risk in the goods passes to you upon delivery. Title in the goods passes to you upon payment for the goods or upon delivery of the goods to you, whichever occurs later.
12. Packaging and Labelling
12.1. We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
12.2. We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
13. Communications Facilities and Information
13.1. This Website contains electronic communications facilities, personal webpages and other facilities which provide for feedback by users to us, interaction between users and communication to the Internet community at large ("Communication Facilities"). It is a condition of your use of any Communication Facility and your access to this Website that you do not do any of the following: restrict or inhibit any other user from using or enjoying this Website; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
13.2. We may from time to time monitor or review the contents of its Communication Facilities. While we reserve the right to edit, refuse to post or to remove any information or other content (in whole or in part) that in our sole discretion is in any way objectionable or in violation of any applicable law or this Agreement, we have no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor are we responsible for any contents in any Communication Facilities (including any information, comments and/or advice).
13.3. We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
14. Intellectual Property
14.1. All information, content, text, graphics, services and advertisements on this Website ("Content") are Copyright ©2018 Kellogg, Kellogg Company or their licensors and affiliates unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright, trade mark and other intellectual property laws. Content on this Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Website (ie a "download" button") or expressly authorised in writing by us. Content offered to you via a "download" button may be downloaded for your own personal use only and shared with others for their own personal use. You must not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this Website.
14.2. Strictly on the condition that you keep all Content intact and in the same form as presented on this Website you may:
(a) using an industry-standard web browser, download and view the Content for your personal, non-commercial use, or
(b) if you are an Internet service and/or access provider, supply the Content to your subscriber.
You must not use this Website in any manner or for any purpose which is unlawful or in any manner which violates any right of ours or our affiliates or which is prohibited by this Agreement. Some of the characters displayed on this Website are registered trade marks. The representations of each of these characters (whether registered separately as trade marks or not) are protected by international copyright law, and all unauthorised use is prohibited
14.3. We reserve all intellectual property rights. Nothing in the Agreement gives you a right to use any of the content on this Website except as expressly set out in this Agreement.
15. Third Party Websites
15.1. As a courtesy this Website contains hyperlinks and other pointers to Internet websites operated by third parties where we believe the content on the linked websites may be of interest generally to those who visit this Website. While we endeavour to review the linked websites with respect to suitability prior to establishing any hyperlink, these third party websites:
(a) are not under our control; and
(b) may change at any time.
15.2. We are not responsible for the contents of any third party website or any hyperlink contained in any third party website. The existence of a hyperlink on this Website does not imply any endorsement of the linked website by us or our affiliates. You link to any such website entirely at your own risk. We welcome comments from users who feel that the content of any linked website is inappropriate.
17. Username and Password
17.1. You are responsible for keeping your user name and password safe and secure, and you are liable if your account is misused by an unauthorised person.
18.1. To the extent permitted by law, we may, acting reasonably, terminate or suspend this Agreement or terminate, suspend or limit your access to and use of this Website at any time by providing notice to you, for example where you are in breach of this Agreement and there is an emergency, or the breach cannot be remedied, or you fail to remedy the breach within 10 days of us providing notice to you, or you are in breach of any applicable law. You may stop using the Website or ordering at any time.
18.2. We may stop making the Website or any part of it available without prior notice however in such an event orders that we have already accepted will not be affected and will be handled in accordance with the terms and conditions set out in this Agreement.
19. Notices19.1 We may give you notice via email, post or via notice on this Website. You may give us notice via email to Kellogg.Ecommerce@kellogg.com or by post addressed to Special K Team, Kellogg Australia, 41 – 51 Wentworth Avenue, Pagewood, 2035.
20.1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
20.2. This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
20.3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
20.4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
21. Privacy and Personal information