Thank you for taking the time to read the following Terms and Conditions as they apply to your use and access of this website (the website) www.onekindbox.com.au.

One Kind Box is an Australian-owned and operated business. It’s registered under the business name One Kind Box and is owned by Olimat Designs Pty Ltd (ABN 49634756513).

Your access to this website is conditional upon your acceptance of all the terms, conditions, policies, and notices outlined on this page or presented throughout the website.

By visiting our site and/or purchasing from One Kind Box, you are engaging in our “Service” and agreeing to be bound by the following terms and conditions (“Terms of Service, “Terms”), including any additional terms and conditions available by hyperlink.

We reserve the right to revise these Terms of Use at any time.

Age

By agreeing to these Terms of Service, you represent and warrant to Us that: (a) you are at least the age of majority in your state or territory of residence and you understand and agree to these Terms; (b) you are the age of majority in your state or territory of residence and you understand and agree to these Terms, and give us your consent to allow your minor dependents to use this website under your supervision. If you are using the website and our service on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind that organisation or entity to these Terms. You also agree to be bound by these Terms on behalf of that organisation.

Our Services

One Kind Box is an online marketplace or an eCommerce store that allows individuals to purchase curated gifts or create custom gifts. By placing an order with us, you are offering to purchase the desired products and services from us. You are not permitted to order any products for resale to a third party.

We cannot be responsible for any delays or interruptions to this website. We will exercise all reasonable options to minimise delays and interruptions. However, we cannot warrant that this website will be available for use at all times or at any given time. This website will also undergo scheduled maintenance from time to time and may not be accessible at such times.

We may at any time without notice to you, discontinue the Website either in whole or in part. You agree that we will not be responsible for any loss, cost, damage or liability that may result from the discontinuance of this website in whole or in part.

Ordering and Payments

You agree that we will charge you for all products that we agree to supply to you and that have been ordered through this website.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service unavailability, payment not being processed successfully, we suspect your order is for commercial purposes, and errors in the description or price of the product you want to buy. We may attempt to notify you regarding the cancellation of your order by contacting you through your preferred mode of contact that you provided us at the time you placed the order.

Maximum order sizes apply. If you require a large number of gifts/gift boxes, please email us directly at sanchia@onekindbox.com.au

Any electronic receipt of order confirmation provided does not signify our acceptance of your order.

To put your order through, we may ask you to supply certain information relevant to your purchase, including without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. For information on how we obtain, store, and use your personal information please read our Privacy Policy.

You represent and warrant that(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase made with us; and that (ii) the information you provide us is true, correct, and complete.

We must receive full payment for the products at the time you place the order. Once payment has been made, we will send you an electronic order confirmation and arrange to dispatch your order.

Your order cannot be cancelled once placed. Should you wish to make any changes to the order or correct the delivery address, please call us or email us at sanchia@onekindbox.com.au as soon as possible and we will endeavour to assist you. You agree that if your order has been handed over to our courier partners, we will not be able to make any changes.

You agree to ensure the quality of food items before consumption. Although we do our best to pack your items securely to protect them in transit, you accept that due to the nature of transportation, food items may sometimes be unsuitable by the time they reach their destination.

Gifting Of Alcohol

If you’re purchasing a hamper containing alcohol, you confirm that you are over 18 years of age. As per NSW liquor licensing laws the individual placing the order and the person receiving the delivery must be over 18 years of age.

Gifts containing alcohol may only be delivered to another adult who is not the purchaser.

Promotions & Offers

One Kind Box will, on occasion offer special promotions or limited-time deals. If for any reason a scheduled promotion cannot go ahead as planned, we reserve the right to cancel, modify or suspend the promotion or prize and invalidate any affected entries in accordance with State or Territory regulation.

Indemnification

You agree to defend, indemnify and hold harmless One Kind Box and its vendors, employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, liabilities, losses, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Service and this website, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted by you on the One Kind Box website.’

Disclaimer

In no case shall One Kind Box, 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 our product, service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Except for your Statutory Rights and with respect to your use of or access to this website, you agree that (i) all material on this website is provided to you without warranties of any kind, either express or implied; (ii) we expressly disclaim all warranties of any kind, either express or implied, relating to the service including any implied warranty of merchantability and fitness for a particular purpose; (iii) we disclaim any warranty arising out of course of dealing, use, or trade. One Kind Box does not warrant that the service or any part of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free from errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected. We do not warrant or make any representation regarding your access to this website or the results of your access to this website, including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

No advice or information whether, oral or written, obtained by you from the service or any materials or content available through the service will create any warranty regarding One Kind Box or the service that is not expressly stated in these terms. 

To the extent permitted by law, including but not limited to any act or omission on our part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website and the service. You understand and agree that we do not exert control over users of the Internet or those visiting/using this website and we are not liable for damage suffered by you, either directly or indirectly, because of your use of/access to this website.

Limitation of Liability

In no event shall One Kind Box, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service or this website; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights). 

Our liability for breach of any implied warranty or condition, to the extent permitted by law, is limited, at our option, to one or more of the following: (i) resupply of services or the payment of the cost of having the services resupplied;(ii) the replacement of goods or the supply of equivalent goods, the repair of such goods, the payment of the costs of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Content Policy

You own the intellectual property rights of the data you provide us. 

You understand and agree that we own (or have the rights to use) all other intellectual property existing on and developed in connection with this website. All material on this website, including the software, design, copy, images, graphics, and the selection and layout of the website are owned by One Kind Box. 

Your use of this website doesn’t grant you a license or the right to use, reproduce or modify any trademarks, logos, images, graphics, or text displayed on the website without prior written permission from the trademark owner. Displaying and/or distributing to the public any One Kind Box content (whether incorporated into a derivate work or alone) constitutes copyright infringement. 

Third-Party Links

This website may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties. 

We provide hyperlinks for your convenience and do not expressly or implicitly endorse, sponsor or approve of any linked website or the products or services offered by any linked website. Any complaints, claims, concerns, or questions regarding third-party products must be directed to the third party and they will not be answered by us. 

Termination

The terms and conditions on this website may be amended periodically and it is your responsibility to read and review the current version posted on the website. 

The Terms of Use are effective until terminated by us, which we may do at any time without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in this Terms of Use document will survive.

Applicable Law

The Terms of Use and all other specific and additional terms which govern your use of and access to this website are governed by and construed in accordance with the laws of the State of NSW, Australia. You irrevocable and unconditionally submit to the non-exclusive jurisdiction of the Courts of NSW and any court hearing appeals from those courts.   

Miscellaneous

We rely on your continued observance of the Terms of Use. If we suffer loss, damage, or incur any costs associated because of your breach of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages, and costs.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of use by you.