KINGDOMCITY ONLINE STORE
Terms and Conditions
(Part A: Terms of Use and Part B: Terms of Sale shall collectively be known as “Terms and Conditions”
Part A: Terms of Use of Platform (“Terms of Use”)
| 1. | Introduction |
| 1.1. | Welcome to Kingdomcity Online Store (the “Platform”). These Terms and Conditions govern your access and use of the Platform and the use of any services (including purchasing of goods and products sold in the Platform (“Products”)), information and functions made available by us at the Platform (“Services”). |
| 1.2. | Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Kingdomcity Terms and Conditions”). |
| 1.3. | This Part A: Terms of Use shall be read together with the Part B: Terms of Sale. Defined terms appearing in Part A shall be applicable if used in the Terms of Sale unless otherwise stated. |
| 1.4. | By using our Platform, you hereby consent and expressly provide your consent to the processing of your personal data as described in our Privacy Notice as set out at http://www.kingdomcity.com/privacy. |
| 1.5. | By accessing the Platform and/or using the Services, you agree to be bound by the Terms of Use and any amendments to the foregoing issued by us from time to time. |
| 1.6. | In the event you do not agree to the Terms of Use and the Privacy Notice, kindly refrain from accessing and/or using this Platform and/or the Services. |
| 1.7. | The Terms of Use stated herein constitute a legal agreement between you and Kingdomcity Perth Inc, an Association, having its registered address at 9 Finlay Place, Wangara, Perth, Australia (“Kingdomcity”, “we”, “us” or “our”). |
| 1.8. | Kingdomcity reserves the right, to amend, modify, add, or delete portions of these Terms of Use at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform. |
| 1.9. | In the event you are under the age of eighteen (18) or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you shall obtain consent from your parent(s) or legal guardian(s) to register an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you shall immediately stop using/accessing this Platform and/or Services. |
| 2. | Use of the Platform/Services |
| 2.1. | We hereby grant you a non-exclusive, non-transferable and revocable license to use the Platform and/or Services, subject to provisions of this Terms of Use. |
| 2.2. | Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted in writing by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you. |
| 2.3. | Certain services and related features that may be made available on the Platform may require registration. Should you choose to register for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. The user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The user of the Platform is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Kingdomcity shall not be held responsible or liable, whether directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this clause. |
| 2.4. | We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services. |
| 2.5. |
We reserve the right, but shall not be obliged to:
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| 3. | Reviews by Users |
| 3.1. | Where applicable, you hereby grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Reviews"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Reviews. We may, but shall not be obligated to, remove or edit any Reviews. |
| 4. | Intellectual Property |
| 4.1. | All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software and trademarks (collectively referred to as “Intellectual Property”) shall remain the property of Kingdomcity Global Limited or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysian/Australian copyright laws and international conventions. All rights are reserved. |
| 4.2. | No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written consent from us or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. |
| 4.3. | By purchasing any of our content, Kingdomcity hereby grants you the limited, non-exclusive, non-transferable license to access, watch, stream and/or (if offered) download the Content for your personal and non-commercial use only. You shall not reproduce, distribute, sell, license, alter, modify, display, transmit, broadcast or otherwise use any part of the Content except as expressly authorised by Kingdomcity or with the prior written consent of Kingdomcity and You shall not claim any right, title or interest therein. |
| 5. | Limitation of Liability |
| 5.1. | Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Kingdomcity of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including but not limited to, warranties of title, merchantability, satisfactory quality or fitness for a particular purpose. |
| 5.2. | Without limiting the foregoing, Kingdomcity does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components. |
| 5.3. |
Kingdomcity and all of its employees, shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
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| 6. | Governing Law |
| 6.1. | These Terms of Use and/or other Kingdomcity Terms and Conditions shall be interpreted and governed by the laws in force in Western Australia. You hereby agree to submit to the jurisdiction of the Courts of Western Australia. |
| 7. | Termination |
| 7.1. | In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Kingdomcity Terms and Conditions applicable to any matter relevant to the Platform. Upon any termination of these Terms of Use and/or other Kingdomcity Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Kingdomcity shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Kingdomcity, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services. |
PART B: Terms of Sale of Products (“Terms of Sale”)
| 1. | Applicability |
| 1.1 | These Terms of Sale applies to all purchases from Kingdomcity’s Online Store. |
| 1.2. | Under the Terms of Sale, “Buyer” refers to the person who purchases Products on the Platform. |
| 2. | Orders |
| 2.1. | To purchase Products on the Platform, you must first place an order. |
| 2.2. | Orders placed through Kingdomcity’s online store are subject to confirmation and acceptance by Kingdomcity. |
| 2.3. | Once you make an order, we will email you an acknowledgement confirming receipt of your order. This acknowledgement does not constitute our acceptance of your order. |
| 2.4. | We reserve the right to ask you to provide additional details or to verify your identity before we process your order. |
| 2.5. | Once an order has been confirmed, all aspects of the delivery, currency and payment arrangements are finalised and cannot be changed. Please check order details carefully prior to confirmation. |
| 2.6. | A legally binding contract for the purchase of/access to Products will only arise once your payment has been approved. |
| 2.7. | We are not obliged to accept any order. In the event we reject your order, we will refund you any monies paid. |
| 2.8. | Individual orders you place cannot be consolidated and, accordingly, delivery and handling fees will apply to each individual order. |
| 2.9. | In the unlikely event that an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions or cancel your order. |
| 3. | Price |
| 3.1. | The price of the Products shall be the price stated on the Platform. The price includes any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Kingdomcity in addition to the price, but it excludes the delivery charges. |
| 3.2. | In the event that a Products has been mispriced on the Platform, we, reserve the right to terminate the order, in which Kingdomcity shall notify the Buyer of such cancellation by giving five (5) business days’ notice. We shall have such right to terminate the order notwithstanding that the Products have been dispatched or are in transit or that payment has been charged to Buyer. |
| 4. | Terms of Payment |
| 4.1. | The Buyer shall be entitled to make payment for the Products using the various payment methods made available on the Platform. |
| 4.2. | When Buyer places an order on the Platform, actual payment shall be only charged upon Kingdomcity’s acceptance and confirmation of the Buyer’s order. |
| 5. | Delivery of Products |
| 5.1. | Kingdomcity or its agent will deliver the Products you order to the street address you specify in your order, subject to their availability. Where items are not available you will be notified of this by Kingdomcity as soon as possible. Anyone at the delivery address who receives the Products will be presumed by Kingdomcity to be authorised to receive the Products. |
| 5.2. | Delivery of the Products shall be made to the address specified by the Buyer in its order. Anyone present at the delivery address to receive the Products will be presumed by Kingdomcity to be authorised to receive the Products. |
| 5.3. | Kingdomcity is not responsible for delivery of orders if the delivery address supplied has been entered incorrectly or is the incorrect address. If you have changed address since placing your order, you shall notify Kingdomcity by contacting us by email at store@kingdomcity.com immediately. Additional delivery, freight or other charges incurred for resent orders shall apply. Postage is calculated based on weight, shipping destination, and packaging costs. Additional delivery, freight or other charges incurred for resent orders shall apply. Postage is calculated based on weight, shipping destination, and packaging costs. |
| 5.4. | Kingdomcity has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Products to any other party as it may from time to time decide without giving notice of the same to the Buyer. |
| 5.5. | Any dates quoted for delivery of the Products are subject to availability and approximate only, and delays may occur. The time for delivery/performance shall not be of the essence, and Kingdomcity shall not be liable for any delay in delivery or performance howsoever caused. |
| 6. | Return, Refund and Replacement of Products |
| 6.1. | Please be aware that all items are final sale and cannot be returned or exchanged unless otherwise required by Malaysian/Australian consumer regulations. Kingdomcity reserves the right to approve returns only on a case by case basis. |
| 6.2. |
If deemed eligible for return, the products must be in new, unworn, unwashed condition with tags attached. Jewellery are not eligible for return due to hygiene considerations. If you would like to return an item: All returns must be mailed in to us to “PO Box 1038, Wangara, 6947, Perth, Western Australia, Australia”. Please ensure that the item reaches us within a minimum of 10 days from receipt. Please indicate your order number together with your item. We do not accept returns of online purchases in the Kingdomcity Online Store at any of our church campuses. |
| 6.3. | We do not accept refunds of any downloadable items. However, if you experience an issue with your download (for example, the link provided does not work), please let us know and we will supply a working link as soon as possible. |
| 6.4. | No refund will be provided for any of the following reasons: change of mind, not suitable or just don't like the item. As previously stated, all sales are final. |
| 6.5. | All items sold at a discount and conference related merchandise are non-returnable, non-refundable and non-exchangeable. |
| 7. | Issues with Order |
| 7.1. | In the event you have any issues or queries regarding you order, please email us at store@kingdomcity.com. |