Terms and Conditions
Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
1.1 These terms and conditions (Terms and Conditions) apply to the use of our website and the ordering, purchase, fulfilment and delivery of products and services described in a Proposal, Quote or purchase order (Products and Services) communicated by Autolync Pty Ltd ABN 50 102 164 447 (Trading as Kynection) (Kynection) other than through our website’s online store (Online Store).
1.2 If you order Products and Services from our Online Store then our Online Terms shall apply.
1.3 These Terms and Conditions apply when browsing this website and form a legally binding contract with Kynection when Client accepts the offer by signing the unamended proposal and returning it to Kynection or by committing to purchase in writing, through a purchase order or making payment for Kynection to commence the delivery of Products and Services (Order).
1.4 If the parties agree to any amendment to a proposal, each amendment must be initialled by an authorized representative of Kynection and the amended proposal must be signed by an authorized representative of Kynection before the proposal can be considered an offer by Kynection in a form capable of acceptance by Client to form a contract for an Order..
1.5 Once a Proposal and/or Quote is accepted by Client to place an Order it may not be cancelled or terminated by Client, other than through the conditions outlined in Clause 10 in our Returns Policy or in Clause 11 on Termination.
1.6 If Client accepts subsequent Proposals and/or Quotes from Kynection without terms and conditions attached, Client agrees that these Terms and Conditions which are accessible via the website www.kynection.com shall apply to those Orders.
2 WEBSITE USE
2.1 The Kynection website (Website) and its content is subject to copyright and other intellectual property rights. These rights are owned by Kynection or a third party that has provided permission to use the content (Content).
2.2 You must not reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the Content, including audio and video excerpts, without our prior consent. Any trade marks that appear on the Website may not be reproduced or used without our consent or the consent of their respective third party owner.
2.3 Where links to third party sites are provided, this is solely for your convenience and is not an express or implied endorsement by Kynection of the sites or the information, products or services provided at those websites. Access to and use of those websites is at your own risk.
2.5 Purchases through our online store are subject to and governed by our Online Store Terms and Conditions.
3 SUPPLY OF PRODUCTS AND SERVICES
2.1 Subject to receipt of any payment or deposit that is stated in the proposal as being payable prior to performance or delivery of any Products and Services, Kynection will use all reasonable efforts to provide the Products and Services within a reasonable time and in accordance with the Proposal and/or Quote.
2.2 When Products and Services and any deliverables (or a project phase) are completed, Kynection will advise Client. If Client does not give written notice to Kynection within 14 days of such advice that the Products and Services for a project phase deliverable have not been provided in accordance with the Proposal and/or Quote, Client is deemed to have accepted the Product, Services and/or project phase deliverable.
2.3 To enable the delivery of Products and the performance of the Services or project phase deliverables, Client must, at its own expense:
(a) provide access to Kynection and its contractors to Client’s site at all reasonable times required by Kynection deliver Products and perform Services;
(b) provide Kynection with the necessary facilities, equipment and resources;
(c) provide Kynection with complete and accurate information requested by Kynection in a timely manner;
(d) promptly make any decisions needed by Kynection;
(e) provide Kynection access to vehicles and drivers/users as required to complete the delivery of Products, installation and provision of Services and completion of project phase deliverables to the Client.
2.4 Client acknowledges that a failure to meet the obligations in clause 2.3 may result in delays in the delivery of Products and the provision of the Services and project phase deliverables at additional costs. Kynection will not be responsible for any such delays. Kynection is entitled to charge the Client for any time or expense incurred as a result of the failure of Client to comply with its obligations.
2.5 Client warrants that it has the authority to allow Kynection and its contractors to use any facilities, equipment, resources and/or intellectual property rights that Client provides to Kynection or its contractors for use in connection with providing the Products and performing the Services.
2.6 Client must provide a safe environment for any of Kynection’s personnel that are visiting or working at Client’s site.
2.7 Features and specifications of Products and Services described or depicted on the Website are subject to change without notice. Kynection will not materially change the features and specifications of a Product or Service on an accepted Order unless you agree in writing.
2,8 All images of Products on the Website are illustrative only.
3.1 Unless otherwise specifically stated in a Proposal and/or Quote that the fees are a fixed price, Products and Services are provided on a time and materials basis only under the direction and control of Client and any fees stated in the Proposal and/or Quote are estimates only. Kynection will charge Client for all time spent on the Services (including travelling time to and from the Client’s premises) and Client must pay for such time whether it is less than, or more than, any estimate given.
3.2 Any services performed outside of Kynection’s normal working hours at the request of Client, including weekdays after 6pm, weekends and public holidays will be charged at Kynection's current overtime rates.
3.3 Kynection will use reasonable efforts to advise Client in advance if it believes that any estimate will be exceeded.
3.4 Client must pay all Kynection’s reasonable expenses incurred in providing the Services.
3.5 If required by Client, Kynection will provide time sheets and any expense claims for Client’s approval (not to be unreasonably withheld). Client must raise any issues with the information on a timesheet or expense claim within 7 days of receipt or approval is deemed to be given.
3.6 All prices listed on the Website exclude Shipping Costs. Shipping Costs are shown separately on an Order.
4 PAYMENT AND TAXES
4.1 Unless otherwise expressly stated in the proposal, the fees for the Products and Services (or any expense or charge) does not include any goods and services tax (GST). Client must pay Kynection the ex- GST amount for the services, plus any GST.
4.2 Kynection may issue a tax invoice for any amount due in accordance with the Proposal and/or Quote. A tax invoice must be paid within the  days of the date of invoice, unless earlier payment time required for special discounts offered..
4.3 Time is of the essence for Client’s payment obligations. If the Client fails to make any payment when due, then without any liability to Client and in addition to any other of Kynection’s remedies or rights:
(a) Kynection may suspend the services until Client pays the outstanding amounts; and
(b) Kynection may charge Client a late charge for any failure to make any payment by the due date calculated daily using a rate that is 7% over the Reserve Bank of Australia’s Cash Rate, from the date that the payment first becomes overdue, to the date that the payment is received by Kynection, both dates inclusive
(c) Kynection has the right to appoint a debt recovery provider if invoice payment has not been received after 30 days past the due date, and all costs associated with debt recovery shall be payable by the Client.
4.4 Client must pay Kynection all amounts due in connection with a Proposal and/or Quote without set off or deduction for any reason.
4.5 Where services are to be performed over a period of more than 6 months and no fixed fee is agreed, Kynection may increase its time and materials rates every 6 months by giving Client 14 day’s notice of such increased rates.
5 ORDER CANCELLATIONS AND RETURNS
5.1 Unless provided for under these Terms or as otherwise agreed by Kynection, no cancellations or changes to Orders will be accepted, and the Products and Services will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Products and Services under the Returns Policy set out at Clause 10.
5.2 If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
5.3 Unless required by law or otherwise explicitly stated by Kynection, Delivery Fees are not refundable. If a statutory warranty applies under the Australian Consumer Law, you may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
5.4 Any Products and Services you purchase can only be returned in accordance with the Returns Policy set out at Clause 10.
5.5 Kynection will process any refunds within a reasonable time of agreeing to do so.
6.1 The Client acknowledges and agrees that:
(a) Kynection is not responsible for any defects in deliverables caused by Client or any person acting on behalf of Client, or by any breach of these terms and conditions;
- b) it has not relied on any oral representation that is not reduced to writing and included in the proposal or these terms and conditions, or any written representation (including any representation on a website or in a brochure) that is not stated in the proposal or these terms and conditions;
(c) it is not reasonable for Client to rely on Kynection’s skill and judgment to guarantee that any services are fit for a particular purpose or that any particular outcome will be achieved as a result of any services, or any product that results from any services unless that particular purpose or outcome has been stated in the proposal;
(d) it has used its own skill and judgment and relied on its own expertise in making the final selection and purchase of the services, and has not made any particular use, requirement or outcome known to Kynection other than as stated in the proposal.
6.2 Our Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. The Client is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Client is also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
7 LIMITATION OF LIABILITY AND INDEMNITY
7.1 Where Guarantee has expired or do not apply:
(a) to the extent permitted by law and subject to clause
(b), Kynection’s liability to Client in contract, tort (including negligence), breach of statutory duty or otherwise, under a proposal is limited to direct losses that do not exceed the amount paid under the Proposal and/or Quote.
(c) Kynection is not liable for:
(i) any indirect or consequential loss;
(ii) loss of profits or revenue, pure economic loss, loss
of goodwill or loss of data; or
(iii) any loss, damage or expense that would not be suffered by any other person acquiring the services.
7.2 Client must at all times indemnify and hold harmless Kynection, its officers, employees and agents (those indemnified) from and against any loss, damage, expense (including legal expenses on a full indemnity basis expenses) or liability incurred or suffered by any of those indemnified and all actions, proceedings, claims or demands made against those indemnified to the extent that they were caused directly or indirectly by:
(a) a breach by the Client, its agents or contractors of the Client’s obligations;
(b) any third party claim arising out of or in connection with the Products or Services (or project phase deliverables), except for a claim under the Australian Consumer Law that cannot be excluded by contract;
(c) any willful, unlawful or negligent act or omission of the Client, its agents or contractors.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 All intellectual property rights arising from the Products and Services are the sole and absolute property of Kynection or its suppliers. Upon receipt of full and final payment for the Products and Services, Kynection grants Client a perpetual, non-transferable, royalty free license to use any materials created during the performance of the Services and delivered to Client as part of the project phase deliverables solely for the internal use of Client.
8.2 Client must not do anything that would be an infringement of Kynection’s intellectual property rights without Kynection’s written consent other than as permitted by law.
10 RETURNS AND REFUNDS
10.1 This Returns and Refunds policy is in addition to the statutory guarantees available under the Australian Consumer Law.
10.2 Client must notify us within 14 days of taking delivery of your Product to request a return if you believe a Product to be defective. Statutory guarantees are discussed in Clause 5.3. If there is no proof of the delivery date it will be assumed to be 3 business days from the date of dispatch of the Order
10.3 The Product must be returned to us within 10 business days of your request to return your Product. Do not send your purchase back to the manufacturer.
10.4 Client agrees to return the Product at your own cost and to comply with the directions for returning the Product that our staff provide to you. The Product will remain your responsibility during transit until received at the address supplied by our staff. We do not accept any liability for any loss or damage which may occur during transit. If you are shipping an item valued over $75, you should consider using a trackable shipping service or purchasing shipping insurance. Kynection does not guarantee that we will receive your returned item within a few days.
10.5 Sale items cannot be refunded. If a sale item is defective, statutory warranties may apply.
10.6 We only exchange or replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and, if we approve the proposed return, send your item to our Shipping Address.
10.7 Kynection’s Shipping Address is as follows: Kynection, 110 Railway Parade, Seaford VIC 3198, Australia
10.8 Once we receive the Product back and assess it as defective, you will receive a replacement item or a credit for the purchase price of your Product (excluding the Delivery Fees as set out in your order confirmation). Kynection will inspect all returns within 2 business days of receipt to ensure they meet these criteria. If returned a Product does not meet these criteria, a refund will be declined and we will return the Product/s to you. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
10.9 Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
11.1 Kynection may, by written notice, immediately terminate or suspend performing its obligations if:
(a) Client has not paid any amount due by the due date;
(b) Client commits any breach of these terms and conditions and has failed to remedy such breach within 14 days of receipt of written notice requiring it to do so.
12.1 Client may not assign, transfer or novate any proposal in whole or in part without first obtaining Kynection’s written consent.
12.2 To the extent permitted by law:
(a) the proposal and these terms and conditions:
(i) record the entire agreement between the parties in relation to its subject matter;
(ii) supersede all previous negotiations, understandings or agreements in relation to the subject matter; and
(iii) expressly exclude the pre-printed terms and conditions of any Client purchase order;
(b) all conditions, warranties, guarantees or rights, including any implied by custom or other circumstance, that are not expressly specified in the proposal or these terms and conditions are excluded;
(c) notwithstanding the foregoing and without limiting clause 12.3, nothing in the proposal or these terms and conditions is intended to exclude, restrict or modify the application of any provision of (including any legal rights under) any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of a proposal or these terms and conditions to be void.
12.4 Any variation to a Proposal and/or Quote or these terms and conditions must be in writing signed by both parties. To the extent of any inconsistency between a Proposal and/or Quote and the terms and conditions, the latter prevail.
12.4 Any waiver must be in writing and signed by the party exercising the waiver.
12.5 If any term or condition offends any law applicable to it and as a consequence is illegal, invalid or unenforceable then:
(a) where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result;
(b) in any other case, the offending provision must be severed and the remaining terms and conditions operate as if the severed provision had not been included.
12.6 Any notice that is to be given in connection with the proposal must be in writing and signed by the person giving the notice. Any notice must be hand delivered to the address, sent by prepaid post to the address or sent to the facsimile number or email address of the recipient as set out in the Proposal and/or Quote or otherwise notified. Any such notice is deemed to have been received:
(a) if hand delivered; on the date of delivery;
(b) if posted within Australia; 3 business days after the date of posting;
(c) if sent by facsimile or email; at the time set out on a transmission report from the machine from which the facsimile was sent which states that the facsimile was sent in its entirety to the facsimile number of the recipient, provided that that time is before 4.00 pm on a business day in the place of receipt, if the time is later than that the facsimile or email will be deemed received on the next business day in the place of receipt.
12.7 If any dispute arises under a proposal or these terms and conditions:
(a) the party raising the dispute must provide the other written notice of the nature of the dispute (Dispute Notice), the issues involved and the remedy sought. The other party must provide a written response to the notice addressing the issues in the Dispute Notice and providing details of its own position within 14 days of receipt of the Dispute Notice;
(b) persons with authority to resolve the dispute from each party must meet and attempt to resolve the dispute through good faith negotiations within 21 days of the issue of the Dispute Notice;
(c) if, for any reason, the parties have not resolved the dispute within 21 days of the issue of the Dispute Notice (or such longer period as is agreed by the parties) then unless the parties agree otherwise in writing, the dispute must be referred to the Resolution Institute for mediation by a person who is independent of the partiesa person who is nominated by the Chair of the Resolution Institute or their representative. Any mediation will be conducted in accordance with the Resolution Institute Mediation Rules;
(d) if, for any reason, the parties have not resolved the dispute within 45 days of the issue of the Dispute Notice (or such other period as is agreed in writing by the parties) then, the dispute shall be referred to expert determination in Melbourne CBD, Victoria;
(e) the expert determination shall be administered by the Resolution Institute and conducted in accordance with the Resolution Institute Expert Determination Rules operating at the time the dispute is referred to the Resolution Institute (the Rules);
(f) the terms of the Rules are hereby deemed incorporated into this agreement;
(g) the expert shall not be the same person as the mediator unless the parties each consent in writing to the expert so acting
(h) this clause shall survive termination of these Terms and Conditions.
12.8 The proposal and these terms and conditions are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts competent to hear appeals from those courts.
The following definitions apply to these Online Terms.
Delivery Address means the address to which the Products and Services are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by Kynection to deliver Products and/or Services.
Delivery Fee means the applicable fee for the delivery of Products and Services.
Products and Services means the items offered for sale in our Online Store.
GST has the meaning given in A New Tax System (Products and Services and Services Tax) Act 1999 (Cth).
Online Terms means the terms governing use of the Kynection Online Store and online Orders made from Kynection.
Order means a request by you to purchase Products and Services from Kynection.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Terms means the terms governing use of the Kynection Website and acceptance of quotes and proposals made by Kynection.
Website means the Kynection website: kynection.com.au