Terms and Conditions
1. User Agreement
1.1. This agreement is formed between you, the visitor to this website and KPI Capital Pty Ltd (ACN 125 113 126) of Suite 19/21 Mermaid Ave, Mermaid Beach Queensland 4218 Australia (“KPI Capital”, “we” and “us”)
1.2. By visiting and/or using the www.keepyourcapital.com website, associated services and functionality (“website”) you agree to be bound by this agreement (“agreement”)
1.3. KPI Capital may modify this agreement at any time and such modifications shall be effective immediately upon posting the modified agreement on the website. You should check this agreement from time to time, especially when ordering goods or services, to acquaint yourself with the current version of the agreement.
2.1. In order to make purchases and access some features of the website, you may need to be a registered member.
2.2. You may not use another member’s account without their permission.
2.3. When registering to become a member and activate an account, you must provide personal information such as your name address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
2.4. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.5. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
3. Legal Capacity
3.1. By making a purchase through the website you warrant to KPI Capital that you are over 18 years of age.
3.2. Should KPI Capital suffer any loss or damage, as a result of a transaction entered into by a minor, KPI Capital reserves the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
4. Supply of Website Services to You / Termination
4.1. KPI Capital reserves the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
4.2. We may terminate your account or restrict your access to the website if we reasonably consider that there has been a breach of this agreement by you. If we do this, you may to the extent permissible at law be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
5.1. We will provide the services that we provide with due care and skill but we do not warrant to you that the website will be provided without fault or disruption. To the extent allowed by law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) including consequential loss relating in any way to the content and/or website including, but not limited to, loss or damage you might suffer as a result of:
5.1.1. errors, mistakes or inaccuracies on the website;
5.1.2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
5.1.3. personal injury or property damage of any nature resulting from your access to, and use of, the website and any purchases of goods or services acquired through the website;
5.1.4. defamatory, harmful, offensive or unlawful conduct of any user of the website;
5.1.5. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5.1.6. any interruption or cessation of transmission to or from our website;
5.1.7. any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
5.1.8. failures in relation to the merchantability or fitness for any purpose of any goods or services offered or provided on any linked sites.
5.2. Except if and to the extent only required by law, we do not warrant to you, endorse, guarantee or assume responsibility for any goods or services advertised, offered by or acquired from a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of goods and /or services.
5.3. Where any law (including the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)) implies a warranty into this agreement which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law. To the extent permissible at law that liability will not exceed the price paid to KPI Capital by you for the product in question.
5.4. Some products provided by KPI Capital and other providers may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to downloading or utilising any such products you should inform yourself of the risks and/or specific skills or qualifications involved.
6. Use of Website by You
6.1. You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
6.2. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with KPI Capital’s prior written consent.
6.3. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
6.4. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
6.5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. Information on this Website
7.1. Information about goods and services promoted on the website may in some cases be based on material provided by the providers and product manufacturers of these goods and services and KPI Capital in good faith relies upon the information supplied to it by providers and does not independently check the accuracy of the information supplied.
7.2. You understand and agree that except to the extent required by law, we do not accept liability in respect of errors or omissions caused by incorrect or inadequate information supplied to us or by providers or manufacturers
7.3. You agree to make your own enquiries to verify information provided about the goods and services promoted on the website and to assess the suitability of these goods and services before you purchase a voucher on the website. Your participation in any provision of goods and or services offered by a provider is conditional upon your acceptance of the provider’s terms and conditions as notified at the time of booking.
8.1. The prices of goods and services, delivery and other charges shown are in Australian dollars and include GST where applicable.
8.2. Prices of goods and services are current at time of display but are valid only for the period (or any extension provided by us) in which they are available for purchase.
9.1. All payments must be received in full prior to a product being issued. Please read the Payment section of the website for payment options.
10. Delivery of Product
10.1. Your KPI Capital product will be accessible via your account with KPI Capital.
10.2. We cannot be held liable nor responsible for any loss suffered as a result of a KPI Capital product not being received by you due to circumstances beyond our reasonable control, for example, because the email was blocked by a firewall or filter, or where you provided us with the wrong email address.
11. KPI Capital Guarantee – Refunds Policy
11.1. We offer a 100% money back guarantee for life. No questions asked.
12.1. Except if and to the extent required by law in respect of KPI Capital’s supply under this agreement, KPI Capital accepts no liability for loss or damage, whether direct or indirect arising through use of a KPI Capital product. Where KPI Capital is liable, its liability shall be limited to the provision of the minimum remedies required at law.
12.2. KPI Capital accepts no liability (including for loss or damage, whether direct or indirect) for any act, omission or default, whether negligent or otherwise of any provider or third party. Where KPI Capital’s liability cannot be excluded, and to the extent permissible at law, such liability is limited to the value of the KPI Capital voucher purchased or to such other remedy.
13.1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.
13.2. You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk and to the extent permissible at law we do not accept liability in this regard.
14. Links to Third Party Websites
14.1. Our website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we may not have reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
15. Intellectual Property
15.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
15.2. Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
15.3. We do not claim ownership of content members submit. However, by corresponding with us or contributing content to the website in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the website, then you automatically grant, and you represent and warrant to KPI Capital that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.
16. Transfer and Assignment
16.1. If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
17. Privacy and Personal Information
* We do not collect personal information if you only browse this website except any information volunteered by you (such as your email address).
* When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.
* Online payments are handled by PayPal external third party service providers. We do not see or store your credit card or banking details. Please check the paypal.com.au websites for details of their privacy policies and security measures.
* Our server may log (and we may have access to) details about any computer used to access the website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
* We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and (where you have opted in to receive it) information generally about the products sold by us and/or related websites operated by us or our related entities, including, but not limited to kpicapital.com. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request
* We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
- you have consented;
- you would expect us to;
- it is required or authorised by law;
- it will prevent or lessen a serious and imminent threat to somebody’s life or health; or
- the disclosure is reasonably necessary for law enforcement.
You may request us to remove your personal information from our database by sending us an email or by writing to us at the address listed below.
You consent to the transfer of personal information in the circumstances set out in clause 18 above.
Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our support centre or by writing to us at:
Chief Information Officer
PO Box 1299
18. General Provisions
18.1. We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
18.2. This agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia, and to the Federal Court of Australia sitting in Queensland.
18.3. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
18.4. If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effect