Terms of use and end-user licence agreement
1. About these terms
These terms apply to the KAP Portal (the "portal"), which is operated by KAP Health Beauty (ABN 85 729 047 711), Perth, Western Australia ("we", "us"). The portal is managed for us by our portal administrator. By signing in, you agree to these terms on behalf of yourself and the business you represent (the "customer"). Any separate written supply agreement between us and the customer prevails over these terms if they conflict.
2. A private business-to-business portal
The portal is for business use by people we have invited. It is not a consumer service and is not open to the public. We grant you a non-exclusive, non-transferable, revocable licence to use the portal only for the customer's ordering with us, while these terms are in force.
3. Accounts
- Keep your login details confidential, use a strong password, and don't share your account.
- The customer is responsible for activity on its users' accounts. Tell us promptly about any unauthorised use, or when a user leaves.
- We may suspend an account to protect the portal or its data.
4. Acceptable use
You must not: misuse, probe or try to break the portal's security; access data that isn't yours; reverse engineer, copy or resell the portal; upload malicious code, unlawful material or patient or personal health information; use automated tools against the portal without our written permission; or use it for any unlawful purpose.
5. Prices and price lists
- Prices are set by the price-list version we have published in the portal, which takes effect on its publish date. You may be asked to acknowledge a new version before you can order.
- An order uses the prices of the version current when it is submitted. Prices are locked for that order, unless we both agree a change.
- Prices are shown in Australian dollars and state whether they include GST.
- We may correct obvious pricing errors before an order is accepted.
6. Orders, availability and delivery
- A submitted order is a request to buy. It becomes binding when we accept it in the portal.
- If an item is out of stock, discontinued or back-ordered by our supplier, we remove that line from the order and notify you. You are not charged for removed lines.
- Deliveries are confirmed by uploading a photo of the delivery pick list. Please upload it promptly and report any shortage, damage or wrong item through the portal. Damaged items must be reported within 3 business days of delivery.
- We don't give medical or product-suitability advice through the portal.
7. Invoices and payment
- Once a delivery matches the order, we issue an invoice covering what was received, showing the delivery date. You review it and agree it in the portal, or raise a dispute.
- Agreed invoices are recorded in our accounting system and issued as tax invoices. Payment is due by the end of the month after the invoice date, unless we agree otherwise in writing.
- Agreeing an invoice in the portal doesn't remove any right you have under the Australian Consumer Law.
8. Availability and changes
We aim to keep the portal available, but we don't guarantee uninterrupted or error-free service. We may maintain, change or withdraw features. If the portal is unavailable, orders can be placed with us by email.
9. Intellectual property and data
We (or our licensors) own the portal and its content. The customer keeps ownership of its own business data. You give us permission to use that data to provide the portal and fulfil orders, in line with our privacy policy.
10. Liability
- Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other law that can't lawfully be excluded.
- Where the law allows us to limit our liability for failure to meet a guarantee for goods or services not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to resupplying the goods or services or paying the cost of resupply, or to repairing, replacing or refunding the goods.
- Subject to the above and to the extent permitted by law, we are not liable for indirect or consequential loss (including lost profit or data), or for loss caused by third-party services outside our control. Our total liability in connection with the portal is limited to the amount paid for the order concerned.
11. Suspension and termination
Either party may stop using the portal at any time by notice. We may suspend or end access if these terms are breached, or if the supply relationship ends. Accepted orders and agreed invoices remain payable, and clauses 9, 10 and 13 continue after termination.
12. Accounting software integration
The portal connects to our own (KAP Health Beauty's) account in the accounting software we use, to record sales invoices. Customers don't connect their own accounting software accounts. The portal is not affiliated with, endorsed by or sponsored by the provider of that software, and any trademarks of that provider belong to it. The software is provided under its provider's own terms, and we are not responsible for its availability.
13. General
- These terms are governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and the courts that may hear appeals from them.
- We may update these terms by posting a new version here and, for material changes, notifying users in the portal. Continuing to use the portal after that means you accept the update.
- If any part of these terms is unenforceable, the rest continues to apply.