Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to KoolZee Studio! The terms “we”, “us” and “our” refer to KoolZee Studio. KoolZee Studio operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a carefully curated shopping experience (the “Services”). KoolZee Studio is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referred to herein (collectively, the “Terms of Service” or “Terms”), describe your rights and obligations when using our Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By accessing, browsing, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the KoolZee Studio website and Services, you confirm that you have the legal capacity to enter into transactions under the laws applicable in your place of residence.

When placing an order, you may be required to provide information such as your full name, email address, payment details and shipping address. You agree that all information you provide is accurate, complete and kept up to date when necessary.

You are responsible for maintaining the confidentiality of your account information and for all activities carried out through your account.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide accurate descriptions of our products and services in our online store. However, please note that product colours or appearances may differ from what is displayed on your screen due to the type of device you use to access our store and its settings or configurations.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or look exactly the same as the images displayed in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographical region or jurisdiction, as appropriate.

As our handmade products are individually crafted, each item may have slight variations in colour, size, shape or arrangement compared to the product images. These minor variations are not considered product defects.

SECTION 3 – ORDERS

When you place an order through our website, you are submitting a request to purchase products from KoolZee Studio.

Your order will be confirmed once we have received your payment and sent you an order confirmation.

Please carefully review your order details, shipping address and personal information before completing your purchase.

KoolZee Studio reserves the right to refuse or cancel an order in cases involving pricing or product information errors, unavailable products, suspected fraudulent transactions or other reasonable circumstances.

If an order has been paid for and is subsequently cancelled, we will refund the corresponding payment.

For custom-made or personalised products, order cancellations may not be accepted once production has commenced.

Refunds and returns are handled in accordance with our Refund and Returns Policy.

SECTION 4 – PRICES AND PAYMENT

All product prices displayed on our website are listed in Australian Dollars (AUD), unless otherwise stated.

Product prices, discounts and promotional offers are subject to change without prior notice. The price applicable to your order is the price displayed at the time you place your order.

Any applicable shipping fees will be displayed before you complete checkout.

You are responsible for providing accurate payment information and ensuring that you are authorised to use your selected payment method.

In the event of an obvious pricing error or a suspected fraudulent transaction, KoolZee Studio reserves the right to cancel the order and will issue a refund if payment has already been made.

Your rights under the Australian Consumer Law continue to apply.

SECTION 5 – SHIPPING AND DELIVERY

KoolZee Studio endeavours to process and dispatch orders within the timeframes stated on our website.

Delivery timeframes are estimates only and may vary depending on the shipping carrier, delivery location, weather conditions or other factors beyond our reasonable control.

Information regarding shipping fees and estimated delivery times will be displayed at checkout or outlined in our Shipping Policy.

Once your order has been dispatched, you may use the tracking information provided to monitor its delivery status.

If your order is delayed, lost or damaged during transit, please contact us as soon as possible for assistance.

KoolZee Studio will handle delivery and product-related issues in accordance with our Shipping Policy, Refund and Returns Policy, and your rights under the Australian Consumer Law.

SECTION 6 – INTELLECTUAL PROPERTY

All content on the KoolZee Studio website, including our brand name, logo, photographs, designs, illustrations, text, videos, graphics, product descriptions and other materials, is owned by or lawfully used by KoolZee Studio and is protected under applicable intellectual property laws in Australia and other relevant countries.

You must not copy, modify, distribute, sell, reproduce, reuse or commercially exploit any content from our website without the prior written permission of KoolZee Studio.

All rights not expressly granted under these Terms are reserved.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to third-party tools as part of our Services. We do not control, monitor or interfere with these tools.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement from us.

We accept no liability arising from or relating to your use of optional third-party tools.

Your use of these tools is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms and conditions imposed by the relevant third-party providers.

In the future, we may also introduce new features through our Services, including new tools and resources. Any such new features will also form part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Our Services may include materials and links to websites provided or operated by third parties, including embedded third-party features.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave our Services to visit third-party websites or materials, you do so entirely at your own risk.

We are not responsible for any loss or damage arising from your access to third-party websites or from your purchase or use of any products, services, resources or content available on those websites.

Please carefully review the policies and practices of third parties and ensure that you understand them before entering into any transaction.

Any complaints, claims, questions or concerns relating to third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

KoolZee Studio is powered by Shopify, which enables us to provide the Services to you. However, all purchases made through our Store are transactions directly between you and KoolZee Studio.

By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and KoolZee Studio, including any loss, damage or injury arising from products or services purchased.

You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or relating to your transactions and purchases with KoolZee Studio.

SECTION 10 – PRIVACY POLICY

KoolZee Studio collects and uses customers' personal information in accordance with our Privacy Policy.

By using our website and placing an order, you agree to the collection, use and processing of your information as described in our Privacy Policy.

Certain information may be processed through Shopify and third-party service providers to facilitate payment processing, shipping, security and website operations.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes.

For example, we may use the rights granted under this licence to operate, provide, evaluate, upgrade, improve and promote our Services, as well as to exercise our rights and fulfil our obligations under these Terms of Service.

You also represent and warrant that:

(i) You own or have all necessary rights to the Feedback you submit;

(ii) You have disclosed any compensation or incentives received in connection with submitting the Feedback; and

(iii) Your Feedback complies with these Terms.

We are not and will not be obligated to:

(1) Keep your Feedback confidential;

(2) Pay compensation for your Feedback; or

(3) Respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove any Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property rights or violates these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personal or other proprietary rights.

You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene material, or any computer virus or other malicious software that could affect the operation of our Services or any related website.

You must not use a false email address, impersonate another person or mislead us or any third party regarding the origin of any Feedback.

You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or within our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping fees, shipping times or product availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use our Services only for lawful purposes.

You must not access or use our Services, directly or indirectly, for any of the following purposes:

(a) Engaging in any unlawful or malicious activity;

(b) Violating any international, federal, state, provincial or local laws, regulations or ordinances;

(d) Harassing, abusing, insulting, harming, defaming, slandering, threatening or intimidating our employees or any other person;

(e) Transmitting false or misleading information;

(f) Sending, receiving, uploading, downloading, using or reusing any material that does not comply with these Terms;

(g) Sending or arranging to send any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or similar solicitations;

(h) Impersonating or attempting to impersonate another person or entity; or

(i) Engaging in any other conduct that interferes with or restricts another person's use or enjoyment of the Services, or that, in our judgement, may harm KoolZee Studio, Shopify or users of the Services, or expose them to legal liability.

You further agree not to:

(a) Upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;

(b) Copy, duplicate, reproduce, extract, sell, resell or exploit any portion of the Services;

(d) Engage in spamming, phishing, pharming, pretexting or other deceptive practices involving the Services;

(e) Use any robot, spider, data mining or scraping tool, device or automated process, AI tool (including AI agents), or any manual or automated method to access the Services; or

(f) Interfere with, bypass or circumvent any security or authorisation measures, robot exclusion headers or other measures we use to restrict access to the Services.

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 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause an Agent to be deployed to access, use or interact with any of the Services.

An “Agent” means any software or service that performs automated or semi-automated actions on behalf of, or under the direction of, any individual or entity, and may operate on behalf of that individual or through their device without direct supervision.

14.2 No Agent is permitted to access, use or interact with the Services unless, at all times, the Agent identifies itself and strictly complies with the requirements set out in Section 14.4 below.

Additionally, no Agent is permitted to access, use or interact with any Services if we have requested that the Agent cease such access, use or interaction.

14.3 We may impose limitations, including technical measures, on how and to what extent an Agent may access, use or interact with the Services.

14.4 An Agent must:

(i) Identify itself in every HTTP/HTTPS request and disclose its name by including the following string in the user-agent field: "Agent/[agent name]";

(ii) Not conceal or misrepresent access, use or interaction performed by the Agent, including by:

(a) Simulating human behaviour or interaction patterns; or

(b) Completing or bypassing CAPTCHA or other measures designed to distinguish humans from computers;

(iii) Truthfully respond to any questions or verification requests intended to determine whether an interaction is being performed by a human or a computer; and

(iv) Not evade or circumvent any measures designed to block, limit, regulate or control the Agent's access to, use of or interaction with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time without notice.

You will remain responsible for paying all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

KoolZee Studio endeavours to ensure that the information, images and content on our website are accurate and up to date. However, we do not guarantee that the website or any content on it will always be completely accurate, complete or error-free.

The website and certain Services may be temporarily unavailable due to maintenance, technical issues or other circumstances beyond our reasonable control.

Nothing in these Terms is intended to exclude, restrict or modify any rights or guarantees available to customers under the Australian Consumer Law or applicable legislation.

SECTION 17 – LIMITATION OF LIABILITY

To the extent permitted by law, KoolZee Studio is not liable for any loss or damage arising from your use of the website or from events beyond our reasonable control.

However, nothing in these Terms is intended to exclude or limit KoolZee Studio's liability in respect of any consumer rights or guarantees that cannot be excluded under the Australian Consumer Law or applicable legislation.

Where liability can legally be limited, KoolZee Studio's liability will be limited to the extent permitted by law.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless KoolZee Studio, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or third-party claims, including reasonable legal fees, arising from:

(1) Your breach of these Terms of Service or any documents incorporated by reference;

(2) Your violation of any law or third-party rights; or

(3) Your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a delay in notification will not release you from your obligations unless you are materially prejudiced by the delay.

We may control the defence and settlement of such claims at your expense, including the selection of legal counsel. However, we will not settle any claim involving non-monetary obligations on your part without your consent, which must not be unreasonably withheld.

You agree to cooperate in the defence of any such claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, that provision will remain effective to the maximum extent permitted by law, and the unenforceable portion will be deemed severed from these Terms of Service.

Such determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website or relating to the Services, constitute the entire agreement between you and us and govern your use of the Services.

They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service.

Any ambiguity in the interpretation of these Terms will not be construed against the party responsible for drafting them.

SECTION 21 – ASSIGNMENT

You may not assign, transfer or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent.

Any unauthorised attempt to assign or transfer these Terms will be void.

We may freely assign, transfer or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 – GOVERNING LAW

These Terms of Service are governed by and construed in accordance with the applicable laws of Queensland, Australia.

Your rights under the Australian Consumer Law continue to apply and are not limited by these Terms.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on 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 on our website.

It is your responsibility to check our website periodically for changes.

We will notify you of any material changes to these Terms in accordance with applicable laws, and such changes will take effect from the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:

Email: koolzeestudio@gmail.com

Our contact details are as follows:

Business Name: KoolZee Studio
Email: koolzeestudio@gmail.com
Location: QLD 4078, Australia
Phone: +61 435093456
ABN: 52 787 378 276