Website Terms & Conditions of Use

Welcome to the theodorakouts.com.au website (the Site). The Site is operated and owned by Theodora Kouts Pty Ltd (ACN 610 370 879) (We or TK or Our). Your access to and use of the Site is conditional upon acceptance of these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions. Please read them carefully before using the Site.

 

COPYRIGHT

Copyright© 2016-2019 Theodora Kouts Pty Ltd. All rights reserved.

The information, text, images, graphics, sound files, animation files, video files and their arrangement on the Site (together the Materials) are all subject to copyright and other intellectual property protection. These Materials may not be copied for commercial use, nor may these Materials be modified or reposted to other sites. The Site may also contain images or other files in which third party providers own the copyright or other intellectual property.

You are permitted to browse the Site and to reproduce extracts by way of printing, downloading to a hard disk or external device, and by distribution to other people, but in all cases for non-commercial, informational and personal purposes only.

 

TRADE MARKS

“THEODORA KOUTS”, “KOUTS” and “TK” are trade marks of Theodora Kouts, the individual, in Australia and other countries. Unless otherwise indicated, all trade marks displayed on the Site are subject to the trade mark rights of Theodora Kouts and are either owned by Theodora Kouts, Theodora Kouts Pty Ltd or used under license by Theodora Kouts Pty Ltd and its affiliates.

 

NO WARRANTIES OR REPRESENTATIONS / CONTENT

To the fullest extent permitted by law, and subject to any statutory rights you may have, this information is provided by Theodora Kouts Pty Ltd “as is” and without warranty of any kind, expressed or implied, including (but not limited to) any implied or express warranties of quality, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate as at the date of publication, it may include errors or inaccuracies. We make no commitment to update any material on the Site.

We will do our best to provide accurate descriptions and demonstrations of products on our Site, however, TK does not warrant that descriptions of such products, services or other content on the Site is accurate, current or error free. While we make every effort to visually match the colours of our products, the actual colours you see on the Site are indicative only and will largely depend on your monitor or device. Please be aware that digital colours and fabrics as they appear on our Site may not perfectly match our actual garments and some slight variations may occur.

Prices stated on our Site or in other materials published by TK is subject to change from time to time. We will do our best to provide you with accurate and up to date pricing information. All our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax).

 

HYPERLINKS

The hyperlinks on the Site (including any advertisement for third parties’ goods and services) are not intended to be a recommendation. We do not check whether the information at such hyperlinks is accurate or correct. We take no responsibility for damage which may arise from the use of this information or any goods or services sold through such hyperlinks.

 

PRIVACY

Types of personal information we collect

When you submit an appointment request, place an order, create an account with us, subscribe to receive email marketing communications or attend to appointments, we will collect personal information about you such as your name, address, phone number, email address, and measurements. We may also, with your permission, take photos at appointments to assist with making alterations and getting the fit right.

All credit card transactions on the Site are processed using the eWAY Payment Gateway or via PayPal. All online credit card transactions performed on the Site using eWAY or via PayPal are secured payments and your complete credit card number cannot be viewed by TK or any third party. All other credit card transactions performed over the phone or in person will be facilitated by ‘PayPal Here’. In all credit card transactions, whether through our Site, over the phone or in person, we will not store your complete credit card details.

For more information about eWAY or PayPal, please visit their respective websites www.EWAY.com.au or www.paypal.com.

Use and disclosure of your personal information

We collect and use your personal information to facilitate appointments with you, process your order, provide you with our products, respond to your queries and improve our products and the Site.

If you subscribe to our email marketing communications we may use your personal information to send you information about the Site and products and promotions we think you might be interested in. You may at any time unsubscribe from our mailing list by following the unsubscribe instructions at the bottom of any such emails.

We do not sell your personal information to any third parties. However, in order to complete your order, we may need to disclose some of your personal information to our suppliers. If you subscribe to receive email marketing communications we may also disclose your personal information to third party mailing houses for the purpose of sending our marketing communications to you.

Website security

Our Site uses 128-bit SSL (secure sockets layer) encryption technology to secure the transmission of sensitive data such as your credit card details and personal information.

 

COOKIES

The Site uses cookies, which are small files of data that allow the Site to recognise your device and remember your preferences and activities on the Site. Some of the cookies we use are analytical cookies which allow us to recognise and count the number of visitors to the Site and see how visitors move around the Site when they are using it. We use the information stored by cookies to improve your user experience and tailor the Site to your interests.

If you would prefer not to receive cookies, you can alter your security settings on your internet browser to disable cookies. However, disabling the cookie function may impede your ability to use parts of the Site and its features may not produce the same personalised experience.

 

GENERAL

We may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.

The failure of TK to insist upon or enforce strict performance of any part of these Terms and Conditions will not be construed as a waiver of any right or remedy of TK in respect of any existing or subsequent breach of these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, that provision shall be enforced to the maximum extent possible and will not affect the remainder of the Terms and Conditions, which shall remain in full force and effect.

These Terms and Conditions are governed by the law of New South Wales, Australia. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of New South Wales, Australia for any cause of action relating to or arising under these Terms and Conditions.

Theodora Kouts Pty Ltd operates the Site in Australia. Information contained on the Site may not be appropriate or available for use in other locations. If you access the Site from other locations, you do so at your own risk and initiative and you are solely responsible for compliance with local laws.

 

For further information, please send an email to info@theodorakouts.com.au.