Terms of service
Kappel Pty Ltd | ABN 30 629 122 872 | www.kappel.com.au
1. About These Terms
These Terms of Service govern your access to and use of the website located at www.kappel.com.au and any related pages we operate.
The website is operated by Kappel Pty Ltd, ABN 30 629 122 872. In these Terms, Kappel, we, us and our refer to Kappel Pty Ltd.
By accessing or using the website, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use the website.
2. Nature of the Website
The website is provided for general business information and relationship development purposes.
The website is intended for brand partners, loyalty programs, retailers, marketplaces, suppliers, corporate customers, media contacts and other business users seeking information about Kappel and our services.
The website does not sell products directly to consumers. The website does not provide a consumer shopping cart, checkout, payment facility or direct consumer order process.
Any product purchase made through a loyalty program, retailer, marketplace or other platform is subject to the terms and policies of that platform.
3. Use of the Website
You may use the website for lawful business and information purposes only.
You must not use the website in a way that breaches any law, interferes with the operation of the website, introduces harmful code, attempts to gain unauthorised access, copies or extracts content at scale, impersonates another person or organisation, or misuses any information or systems connected with the website.
4. Business Enquiries and Information You Submit
If you submit an enquiry, request information, apply for catalogue access or otherwise provide information through the website, you warrant that the information you provide is true, accurate, current and not misleading.
We may use the information submitted to respond to your enquiry, assess business opportunities, manage commercial discussions, provide requested information and support our business operations.
Personal information is handled in accordance with our Privacy Policy.
5. Catalogue Access and Partner Services
Any catalogue, portal, partner access or private business service made available by Kappel is provided only to approved users and may be subject to separate terms, account rules or written agreements.
Nothing on the public website creates a right to access any private catalogue, product data, pricing, stock information, partner portal or business system.
6. Orders Through Third Party Platforms
Kappel may supply, fulfil or support products sold through loyalty programs, retailers, marketplaces and other platforms.
Customers who purchase through those platforms should contact the platform from which they purchased the goods for order enquiries, delivery enquiries, returns, refunds, exchanges and support requests.
Kappel will work with the relevant platform where required and will act in accordance with applicable platform processes, commercial agreements and legal obligations.
7. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
Where a customer purchases goods through a third party platform, the platform terms and the Australian Consumer Law may apply to the customer relationship. Customers should raise any product or order issue with the platform from which the goods were purchased.
8. Intellectual Property
All content on the website, including text, graphics, logos, images, layout, design elements, brand assets, documents and other materials, is owned by Kappel or its licensors unless stated otherwise.
You may view and download website content for internal business evaluation purposes only.
You must not reproduce, distribute, adapt, publish, transmit, commercially exploit or create derivative works from website content without our prior written permission.
9. No Reliance on General Website Information
Information on the website is general in nature and is provided for business information purposes only.
Website content does not constitute a binding offer, quotation, warranty, service commitment or commercial agreement.
Specific commercial terms, service levels, pricing, product availability, fulfilment obligations and partner arrangements are only binding when confirmed in a written agreement or other approved commercial arrangement.
10. Third Party Websites and Platforms
The website may contain links or references to third party websites, platforms or services.
Kappel does not control and is not responsible for the content, availability, security, privacy practices, terms or policies of third party websites, platforms or services.
Users should review the terms and privacy policies of any third party website or platform they use.
11. Website Availability and Security
We aim to maintain the website in a reliable and secure manner, but we do not guarantee that the website will always be available, uninterrupted, complete, current or free from technical issues.
We may change, suspend or discontinue all or part of the website at any time.
You are responsible for using appropriate security measures when accessing the website, including using secure devices, secure networks and current software.
12. Limitation of Liability
To the maximum extent permitted by law, Kappel is not liable for any loss, damage, cost or expense arising from your use of the website, your inability to access the website, your reliance on website content, any interruption or security issue affecting the website, or any third party website, platform or service linked from the website.
This clause does not limit any rights or remedies that cannot lawfully be excluded under applicable law.
13. Indemnity
You agree to indemnify Kappel, its directors, employees, contractors and related entities against claims, losses, damages, liabilities, costs and expenses arising from your breach of these Terms, your misuse of the website, your submission of false or misleading information, or your breach of applicable law.
14. Privacy
Our handling of personal information is described in our Privacy Policy.
By using the website or submitting personal information to us, you acknowledge that personal information will be handled in accordance with our Privacy Policy.
15. Changes to These Terms
We may update these Terms from time to time to reflect changes in our website, business operations, legal obligations or internal practices.
Any changes will be published on the website and will take effect from the date of publication.
16. Severability
If any provision of these Terms is invalid, unlawful or unenforceable, that provision will be treated as removed to the extent required and the remaining provisions will continue to apply.
17. Governing Law
These Terms are governed by the laws of Victoria, Australia.
You submit to the jurisdiction of the courts of Victoria and courts that may hear appeals from those courts.
18. Contact
If you have any questions about these Terms, please contact Kappel using the contact details provided on our website.