Terms of Service

OVERVIEW

The website known as kyzatravel.co is owned and operated by Kyza Travel Co. The terms “we”, “us” and “our” refer to Kyza Travel Co. Kyza Travel Co provides this website, it’s information, tools and services to the the user, which is a condition upon accepting all of the terms, conditions, policies and notices stated here.
Through visiting our website and/or buying something from the brand, you engage in our “Service” and adhere to be bound by the terms and conditions (“Terms of Service” or “Terms”), including those additional Terms referenced within and/or available by hyperlink. These Terms apply to users of the site, without any restriction to users who are browsing, or vendors, customers, merchants, and/or content contributors.
We recommend you read these Terms of Service before using our website. By using the website, you agree to be legally bound by these Terms. If do not agree with the Terms, then you may not use the website. If Terms are considered an offer, acceptance is limited to these Terms.
Any services or tools which are added to the store shall also be subject to the Terms. You can check the most current Terms of Service at any time on this page. We have the right to update, change or remove any part of these Terms by posting updates to our website. It is your responsibility to check for changes to the Terms. Your use of the website following posting of updates represents acceptance of the changes.
Our store is hosted on Shopify Inc who provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to the Terms, you indicate that you are at least the majority age in your state of residence, and you have given us your consent to allow any of your minor dependents to use this site
You can not use our products for illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including and not limited to copyright laws). You must not transmit any viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You adhere that your content (not including credit information), may be transmitted, unencrypted and involve transfer over network; and changes to adapt to technical requirement of connecting networks. Credit card information is always encrypted during transfer over our networks.
You agree not to replicate, reproduce, sell, resell or exploit any part of the Service, use or access, or any any contact on the website through which the service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not for responsible for information on this website that is not accurate, complete or current. The content and material on this website is provided for general information only and should not be relied upon for making decisions without consulting more timely or certain sources of information. Any reliance on our content and material is at your own knowledge and risk.
The site may contain historical information which may not be current and is provided for guidance only. We reserve the right to change contents of this site at any time, but we are not obliged to update any information on the website. You adhere that it is responsibility to monitor changes to the website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We are not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Some products may be available exclusively online through the website. These products or may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurate as possible the color combinations, texture, size and images of our products that appear on the website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We have the right to limit the sale of our products to any person, geographic region or jurisdiction. We may exercise this right at any time under a case by case basis. We hold the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion.. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We have the right to refuse any order that is placed with us and we may in our sole discretion, limit or cancel quantities purchased by a customer, per residence or per order. The restrictions may include orders placed by or under the same purchase account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to an order or cancel order, we will attempt to notify you by email, billing details, phone number that was made at the time of the order. We reserve the right to limit or cancel orders that appear to be made by resellers or distributors and this is based on our sole judgement.
By accessing the website, you agree to provide current, accurate and complete information for all purchases you make at our store. You also agree to update your account and information in a timely manner so that we can complete transactions and contact as needed.
For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You agree and understand that we provide access to tools “as is” and “as available” without any warranties or conditions of any kind without any endorsement. We will have no liability whatsoever arising from your use of the option third-party tools. Any use of optional tools by you provided through our website is entirely at your own risk and you should ensure that you are familiar with the terms of which tools are provided by the relevant third party provider. We may also offer ner services in the future through the website, including new tools, which shall also be subject to these terms of service.

SECTION 8 – THIRD-PARTY LINKS

Some content, products and services available through our service may include materials from third parties. Third party URL links on the website may direct you to third party websites that are affiliated with us. Therefore we are not responsible for examining the content, accuracy or legitimacy the material and content of these websites. We are not liable for any damages related to the purchase of goods or services from these third party website or any connection with transactions made with them. It is your responsibility to carefully review the third party’s policy and terms of service so you understand them before you engage in any purchase or activity. Complaints or concerns should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our or without request, you send submissions consisting of creative ideas, suggestions, proposals, plans or materials, whether electronically online or hard copy via postage, you agree that we may at any time without restriction, edit, copy, publish, distribute, translate and otherwise in any medium form any comments and ideas that you forward us. We are under no obligation to maintain any comments in confidence, pay remuneration/compensation for any comments or response to any comments.
We can but have no obligation to monitor, edit or remove content that we judge in our sole discretion as unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise questionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any third party copyright, trademark, privacy, personality, reputation or proprietary right. You further agree that your comments will not contain unlawful, abusive or obscene materials or contain any electronic computer virus or malware that could in any way affect the operation of the website or any related website. You may not use a false email or pretend to be someone else other than you legal self, or mislead us or third parties as to the validity of any comments. You are responsible for any comments that you make and their relevance and accuracy. We take no responsibility or liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy scroll to the bottom of the page and click 'Privacy Policy'.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

At times there may be information on our site or in our service that contains typographical errors or omissions that relate to product descriptions, pricing, promotions, offers, shipping charge and transit times, and availability. We have the right to correct any errors or inaccuracies, and to update or change any information, or cancel orders if any information in the service or website is inaccurate at any time without giving prior notice, even after you have completed an order.
We have no obligation to update or clarify information in the service or any related website, including pricing information, except as required by law. No specific date or refresh date applied in the Service of any related website should be taken to indicate that all information in the service or website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to prohibitions as described in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful purpose; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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 agree that your use of or inability to use our service at your sole risk. The service and the described products delivered to you through our service provided ‘as is’ and ‘as available’ are for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no instance shall Kyza Travel Co, our directors, employees, affiliates, agents, contractors, suppliers or service providers be liable for any injury, loss, claim or any direct or indirect, incidental, special or consequential damages of any kind including without limitation to lost profits, revenue or saving, 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 Kyza Travel Co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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 and construed in accordance with the laws of Melbourne, Victoria, Australia 3000.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@kyzatravel.co