Terms of Service

This website is operated by Kids with Attitude Lucky Club. Throughout the site, the terms “we”, “us” and “our” refer to Kids with Attitude Lucky Club. By accessing or using any portion of our website or by purchasing a product, you agree to be bound by these Terms of Service, including any additional policies and terms that may be referenced or made available via hyperlink. These terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully. If you do not agree to all provisions set out herein, you may not access the website or use any services provided. Acceptance of these Terms is expressly limited to the terms and conditions contained herein.

Any new features or tools added to our online store will also be subject to these Terms. The most current version can be reviewed at any time on this page. We reserve the right to update or modify any portion of these Terms of Service by posting changes to our website. It is your responsibility to review this page periodically. Continued use of the website following any posted changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides us with an online e-commerce platform to sell our products and services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you affirm that you are at least the age of majority in your jurisdiction, or that you have given us consent to allow any minor dependents to use this site. You may not use our products for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction, including but not limited to copyright laws. Transmitting malicious code such as viruses or worms is strictly prohibited. Any breach of these Terms will result in immediate termination of services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to any individual for any reason at any time. You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements. Credit card data is always encrypted during transmission. You agree not to reproduce, duplicate, sell, or exploit any part of the Service or website without written permission from us. Headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY OF INFORMATION

We do not guarantee that all information on this site is accurate, complete, or current. Content is for general informational purposes only and should not be relied upon without consulting more reliable sources. We are not obligated to update any content and it is your responsibility to monitor changes.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICING

Prices for our products may change without notice. We reserve the right to modify or discontinue the Service or any part thereof at any time without liability.

SECTION 5 - PRODUCTS OR SERVICES

Some products or services may be exclusively available online and in limited quantities. These items are subject to our Returns/Exchanges Policy. We make every effort to display product images and colours as accurately as possible but cannot guarantee colour accuracy across all devices. We reserve the right to limit product availability, change descriptions or prices, and discontinue products at any time. We do not guarantee that product quality will meet expectations or that any errors will be corrected.

SECTION 5A – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Kids with Attitude Lucky Club, its affiliates or licensors and are protected by Australian and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Kids with Attitude Lucky Club or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Kids with Attitude Lucky Cluby. Kids with Attitude’s names, logos, product and service names, designs, and slogans are trademarks of Kids with Attitude Lucky Club or its affiliates or licensors. You must not use such trademarks without our prior written permission.

SECTION 6 - BILLING AND ACCOUNT INFORMATION

We reserve the right to reject any order placed with us. We may limit or cancel orders at our discretion and may attempt to notify you via email or telephone. You agree to provide accurate and current billing and contact details, and to update your information as needed to ensure we can complete your transactions.

SECTION 7 - THIRD-PARTY TOOLS

We may offer access to tools from third-party providers which we do not monitor or control. These are provided "as is" and "as available" without any warranties. Your use of these tools is at your own risk and subject to the terms set by the third-party providers. Future services or features added to the website will also be governed by these Terms.

SECTION 8 - THIRD-PARTY LINKS

Some content or services available may include materials from third parties. We are not responsible for the accuracy or reliability of third-party websites or resources and do not accept liability for any transactions conducted through them. Please review the terms of the third-party before proceeding with any transaction.

SECTION 9 - USER SUBMISSIONS, COMMENTS AND OTHER WORKS

By submitting creative content or other materials to us, you grant us the unrestricted right to edit, copy, publish, and use such content. We are under no obligation to maintain submissions in confidence, provide compensation, or respond to them. You are responsible for ensuring that your content does not infringe any third-party rights and is not unlawful, abusive, or harmful. We assume no responsibility for user-generated content.

We reserve the right to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violated any party’s intellectual property or these Terms of Service.

SECTION 10 - PERSONAL INFORMATION

The submission of personal information through our store is governed by our Privacy Policy.

SECTION 11 - ERRORS AND OMISSIONS

Occasionally, the site may contain typographical errors or omissions. We reserve the right to correct such errors and update or cancel orders where necessary at any time and without prior notice (including after you have submitted your order). We have no obligation to update any information except as required by law.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site or its content: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Kids with Attitude Lucky Club or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee uninterrupted or error-free access to our services. All services and products are provided "as is" and "as available" without warranties of any kind. In no event shall Kids with Attitude Lucky Club or its affiliates be liable for any damages resulting from your use of the Service or any products purchased through it.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

In no case shall Kids with Attitude Lucky Club, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kids with Attitude Lucky Club and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

These Terms remain effective unless terminated by either party. We may terminate the agreement without notice if you breach any part of the Terms. Upon termination, you remain liable for all amounts due up to the date of termination.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by in accordance with the laws of Australia.

SECTION 19 - AMENDMENTS

We reserve the right to revise these Terms at any time by updating this page. Continued use of the site after changes are posted constitutes acceptance of the revised terms.

SECTION 20 - CONTACT INFORMATION

Questions regarding these Terms of Service should be directed to: support@kidswithattitude.store