Terms of Use

These Terms of Use govern your access to and use of the Ki-Carma Garden Products website at kicarma.com.au (the “site”). In these terms, “Ki-Carma”, “we”, “us” and “our” mean Ki-Carma Garden Products, and “you” means the person accessing the site.

By using this site you agree to these terms. If you do not agree to them, please do not use the site.

1. About this site

This site is an information resource about the Ki-Carma, Hidden Valley and Bedrock product ranges. It is not an online shop — you cannot buy products through this site, and nothing on it is an offer to sell. Our products are supplied through retail stockists and distributors, and any purchase is subject to the terms of the business you buy from.

Where you deal with us directly as a retailer, distributor or trade customer, that supply is governed by our separate terms of trade, credit application and any written agreement between us. Those terms prevail over these Terms of Use to the extent of any inconsistency.

2. Product information

We take care to keep the product information on this site accurate and current, but it is provided as a general guide only. In particular:

• our products are natural materials, so colour, texture, particle size and composition vary between batches and between sources, and photographs on this site are indicative only;
• coverage rates, application rates, pack sizes, pallet quantities and specifications are approximate and depend on how the product is used and on site conditions;
• product ranges, formulations, packaging and availability may change without notice, and not every product is stocked in every region or by every stockist.

You should always read the product label and the relevant Safety Data Sheet before use, and seek your own advice where the application matters. If you need to confirm a specification for a project, contact us on (07) 5546 1656 or [email protected].

3. Safety Data Sheets and downloads

Safety Data Sheets (SDS), certificates and other documents are provided on our downloads page for convenience. They are current as at the date shown on each document. It is your responsibility to check that you are using the current version and to handle, store, apply and dispose of products in accordance with the SDS, the product label and all applicable laws and workplace health and safety requirements.

4. Intellectual property

All content on this site — including text, images, photographs, graphics, logos, product descriptions, documents, layout and code — is owned by or licensed to Ki-Carma and is protected by Australian and international copyright and trade mark law.

Ki-Carma, Hidden Valley and Bedrock, and our logos, are trade marks of Ki-Carma Garden Products. You may not use them without our prior written permission.

You may view, download and print material from this site for your own personal or internal business use, provided you do not remove any copyright or trade mark notices. Stockists and distributors may reproduce our product information and images for the purpose of promoting and selling our products, provided the material is not altered in a way that changes its meaning. Any other reproduction, adaptation, distribution or commercial use requires our written consent.

5. Acceptable use

You must not:

• use the site for any unlawful, misleading or fraudulent purpose;
• interfere with or disrupt the site, its servers, or its security features;
• attempt to gain unauthorised access to any part of the site or any connected system;
• use automated means to scrape, harvest or bulk-download content, except for legitimate search engine indexing;
• submit false, abusive or misleading information through our contact form, or use it to send spam;
• transmit any virus, malicious code or other harmful material.

We may suspend or block access to the site where we reasonably believe these terms have been breached.

6. Third-party links and content

This site links to and embeds content from third parties, including stockists, distributors, certifying bodies and mapping services. We provide those links for convenience and do not control, endorse or accept responsibility for their content, products, services or privacy practices. Your use of a third-party site is at your own risk and subject to that site's own terms.

7. Availability of the site

We aim to keep the site available and up to date, but we do not warrant that it will be uninterrupted, error-free, secure or free of viruses. We may change, suspend or withdraw any part of the site at any time without notice.

8. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded or limited.

9. Disclaimer and limitation of liability

Subject to clause 8, the information on this site is provided on an “as is” basis and we exclude all warranties, representations and conditions that are not expressly set out in these terms, whether implied by statute, custom or otherwise.

Subject to clause 8, we are not liable for any loss or damage (including indirect, consequential or economic loss, loss of profit, or loss arising from reliance on information on this site) suffered in connection with your use of, or inability to use, this site.

Subject to clause 8, where our liability cannot be excluded but may be limited, our liability is limited — at our option — to resupplying the relevant goods or services, or paying the cost of having them resupplied.

10. Privacy

Personal information you provide through this site is handled in accordance with our Privacy Policy, which forms part of these terms.

11. Changes to these terms

We may update these terms from time to time. The current version is always available on this page, with the date it was last updated shown at the top. Continuing to use the site after a change means you accept the updated terms.

12. Governing law

These terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.

13. Contact us

If you have a question about these terms, contact us at:

Ki-Carma Garden Products
168 Loves Road
Stapylton, QLD 4207
Phone: (07) 5546 1656
Email: [email protected]