Terms and Conditions

You represent and warrant that you have carefully read and understood these Terms of Use and agree to be bound by them.

To become a Client, you must provide your name, email address, and any other registration information we may request (Account Information). Alternatively, you may create an account (Account) and become a Client by using your valid social networking service (SNS) credentials to connect to our Services. By creating an Account, you represent and warrant that all Account Information you provide is accurate, complete, and up-to-date, and you agree to maintain and promptly update this information as necessary. Additionally, we may request further details, such as your size, fit, and style preferences, to establish your style profile (Style Profile).

You are responsible for keeping your Account Information, including your password, confidential. Any access to or activity on the Services using your Account Information will be considered authorised by You. You are solely responsible for all activities that occur under your Account including any orders placed. If you become aware of unauthorized use of your Account you must notify Us immediately. We reserve the right to take any measures we deem necessary to safeguard the security of the Services and your Account. Such measures may include terminating your Account, changing your password, or requesting additional information to authorise transactions. You may not use another person`s Account without their express permission.

a) Register more than one Account;

b) Create an Account on behalf of another individual without their authorisation;

c) Register an Account on behalf of a group or entity.

Your relationship with each SNS is governed solely by your agreement with that SNS. We disclaim all liability for personally identifiable information provided to us by an SNS in violation of your SNS privacy settings. Additionally, we make no effort to review SNS Content for accuracy, legality, or non-infringement, and we are not responsible for any issues arising from such content.

Information about our returns can be found in our Returns Policy on our website at: www.keesh.com.au/returns

Purchased items can be returned in accordance with our Returns Policy. If a `keep-all discount` was applied to your Kit and you later return an item (unless defective), the discount will no longer apply and refunds will exclude the discount.

When you sign up for a Kit, we will send you selected items of our choosing. Delivery dates may vary depending on factors such as inventory, location, and preferences. Upon receiving a Kit, you can try on the items and select only the items you wish to retain. You will be charged for the items you retain as outlined in the Styling Fee and Payment section. Payment verification and address checks may be conducted by our payment provider to prevent fraud.

Clients can schedule automatic Kit deliveries on a recurring basis (Kit Frequency). By doing so, you authorise us to charge a Styling Fee as per these Terms of Use. Scheduled dates can be adjusted if notice is given before the Kit is styled. If you fail to cancel within the required timeframe, you remain responsible for the Styling Fee and the cost of any unreturned items. Deliveries may be refused for reasons such as geographic restrictions or suspected fraud.

You acknowledge that the delivery times provided are estimates and may be subject to delays caused by third-party postal carriers, unforeseen events, or force majeure circumstances, for which we are not responsible. While we will make reasonable efforts to inform you of any expected delays, to the extent permitted by law, we disclaim liability for any losses, costs, damages, or expenses arising from late or delayed deliveries.

We will arrange for the designated postal provider to deliver each Kit Order to the Delivery Address and follow the instructions listed in your account. Postal providers may contact you regarding delivery updates, options, or instructions for re-delivery or collection. Unless specified otherwise, you consent to items being left at the address provided in your account if no one is available to accept delivery.

If the delivery details in your account are inaccurate or incomplete, we are not liable for any resulting delays, failures to deliver, or associated losses. Once your order is dispatched from our warehouse, we bear no responsibility for any missing, delayed, or undelivered items. Claims regarding delivery issues should be directed to the postal provider.

Risk of loss or damage to the items passes to you upon delivery to the specified address. Keesh is not responsible for any damage occurring after successful delivery, subject to our Returns Policy. Additionally, all items purchased under these Terms are intended solely for personal use and must not be resold commercially.

For size exchanges, requests must be made within the Fashion Play Period. If available, exchanges require you to purchase the item at checkout and return the original item in the prepaid package. The exchange item will be sent separately. Refunds are not available for exchanged items, and availability cannot be guaranteed.

Your scheduling of a Kit is an offer to purchase items. We may accept this offer by charging your Styling Fee and delivering the Kit. We reserve the right to decline requests and notify you via email. Items are deemed accepted upon delivery, and risk of loss passes to you when handed over to the carrier. While we strive for accurate information, errors may occur, and we reserve the right to correct them without liability.

Before delivering a Kit, we will charge you a non-refundable Styling Fee in the amount specified on the Service. This fee will be charged to your credit card or other payment method at checkout for initial clients (during sign-up) and each time a Kit is sent out or checked in with the postal service. The delivery schedule or frequency of Kits is selected during sign-up and recurring charges for the Styling Fee will be made in accordance with this schedule.

Within three (3) days of receiving your Kit, you must return any unwanted items. If you choose to keep items, the Styling Fee will be applied as a credit towards the total purchase price. Payments for retained items can be made via the payment methods available on the Service. If your account has any credit at the time of processing the Styling Fee or payment, the credit will be applied before charging your payment method.

By providing your payment information, you authorise us to charge your credit card or other payment method on file as per these Terms. For automatic Kit deliveries, you agree that we will charge the Styling Fee on a recurring basis until you cancel by emailing us at [email protected] from the email address linked to your account and requesting to stop automatic Kits. You can cancel an upcoming Kit anytime before it is styled by contacting us at the same email address.

You confirm that you will only use authorised payment methods. We are not liable if anyone else uses your payment method without your permission (this includes your children or spouse). However, you can report unauthorized use to us, and we will take reasonable measures to prevent future occurrences.

Your payment method must be valid, with sufficient funds or credit to cover the Order. We are not responsible for the terms or performance of third-party payment providers. If a payment fails, you will be notified and asked to use an alternative method. Any issues with a payment method must be resolved directly with the provider.

By completing payment you confirm that you have not engaged in fraudulent conduct or violated any laws. You authorise Keesh to perform due diligence, including verifying your identity and payment details, to ensure security and credit clearance.

A tax invoice will be included in the Order confirmation email sent after successful payment, at which point your Order is considered received and confirmed.

Unless otherwise agreed, cancellations or changes to Kit Orders are not permitted after receiving the Order confirmation email with the tax invoice. If there are errors in the submitted Order, contact our customer service team immediately. While we will make every effort to assist we cannot guarantee that changes can be made. Changes will only be made at our discretion.

Prices of Kits are not disclosed to you until your order has been delivered and we have received delivery confirmation from the postal courier. All prices indicated on our website and through our email material are in Australian Dollars (AUD). The Goods and Services Tax (GST) will be included in the price indicated.

Keesh thoroughly evaluates each Kit to ensure that it aligns with your Style Profile. However, we cannot guarantee that the Kits will meet your personal preferences every time. If you wish to return all or select items in your Kit that do not meet your personal preferences, it must be returned in line with our Returns Policy found on our website at: www.keesh.com.au/returns Styling Fees will not be returned.

For any App accessed or downloaded through an App Store, such as the Apple App Store, Google Play Store, or any similar platform (collectively referred to as the App Store), you agree to comply with the App Store's applicable third-party terms and conditions (Usage Rules). In the event of any conflict between these Terms of Use and the Usage Rules, the more restrictive terms will apply.

You acknowledge that:

To use the App, you must have access to a wireless network and are responsible for all associated fees. You are also responsible for any charges incurred by the App Store in connection with the App or Services. Your license to use the App is contingent upon your compliance with all applicable third-party terms of agreement, including the App Store's terms and policies. By agreeing to these Terms, you acknowledge that the App Store and its subsidiaries are third-party beneficiaries of these Terms of Use and have the right to enforce them.

The Services may incorporate software licensed under open-source or public-source licenses, including but not limited to the GNU General Public License, Apache License, MIT License, and Berkeley Software Distribution License (Open-Source Software). Notwithstanding anything in these Terms of Use, the Open-Source Software is not licensed under these Terms but is instead governed by the respective terms of its open-source license. You agree to comply with all applicable terms and conditions of these open-source software license agreements.

You acknowledge and agree that the software, code, proprietary methods, and systems used to provide the Service (Our Technology), along with the materials, information, and content we make available through the Service (Our Content), are:

Neither Our Technology nor Our Content may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any manner without our prior written consent and, where applicable, the consent of our licensors.

Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, revocable, limited license to use and access the features of the Service solely for your personal, non-commercial use. You must comply with all copyright notices, restrictions, or information contained in or attached to Our Content or Our Technology, and you must not remove or alter any such notices or restrictions.

These Terms of Use do not grant you the right to:

The names, logos, and other materials displayed on Items or through the Service, including but not limited to trademarks, trade names, service marks, and logos (Marks), are the property of Keesh or other entities. Ownership of all Marks, including the goodwill associated with them, remains with their respective owners. You are not permitted to copy, modify, or use the Marks without prior authorisation.

Any third-party software provided in connection with the Service is governed by the respective licenses of the third party and not by these Terms of Use.

Please ensure that all content you post, including text, links, images, and videos (Your Content), adheres to good taste and aligns with the standards set forth in these Terms of Use. This applies to content posted in comments on our blog, on your `boards`, in uploads or on any other platform or page related to Keesh. We reserve the right but are not obligated to review Your Content and take any actions we deem appropriate if it violates these guidelines, other provisions of these Terms of Use, or creates liability for us or others. These actions may include removing or modifying Your Content, terminating your account or reporting you to law enforcement authorities.

You bear sole responsibility for Your Content and assume all risks related to its use. You acknowledge that we do not guarantee the confidentiality of Your Content and that you may not represent or imply that Your Content is provided, sponsored, or endorsed by us. We are under no obligation to back up Your Content and it may be deleted without notice. It is your responsibility to create and maintain backups of Your Content if necessary. We are not liable for the deletion or accuracy of Your Content, the failure to store, transmit, or receive it, or any issues related to its security, privacy, or transmission. At our sole discretion we reserve the right to pre-screen, refuse, or remove Your Content at any time and for any reason. Please ensure that any information you provide through the Service does not violate obligations you may owe to third parties.

While we do not claim ownership of Your Content by making it available on or through the Service, you represent that you own or have the rights necessary to share it with us. You grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable license to use, reproduce, distribute, modify, adapt, publicly display, perform, create derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) to operate, develop, provide, and promote the Service. Additionally, you agree to irrevocably waive, and to ensure the waiver of any claims or assertions of moral rights or attribution associated with Your Content.

You agree to refrain from engaging in any actions or making available any content on or through the Service that violates these Terms of Use. Specifically, you must not violate any third-party rights, including intellectual property or proprietary rights. Content or actions that are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, obscene, offensive, or profane are strictly prohibited. You may not engage in unauthorised or unsolicited advertising, including junk or bulk email, nor may you conduct commercial activities or sales through the Service without prior written consent. Impersonating any person or entity is not permitted, and you must not interfere with or attempt to disrupt the proper functioning of our technology except as expressly allowed under these Terms. Furthermore, you are prohibited from attempting or engaging in any potentially harmful acts that target our technology or infrastructure.

When using the Site, you agree and warrant that your actions will be lawful under all applicable laws and regulations. You must not, knowingly or unknowingly, breach any laws, regulations or guidelines. This includes refraining from fraudulent activities such as security breaches, disruptions to the Site or its servers, phishing, hacking, theft, misuse of intellectual property or any other activities that could reasonably cause harm or loss to others. Your use of the Site must remain compliant and in good faith to avoid any potential damages or liabilities.

At all times Keesh retains the right to suspend your Account, use of the Services or delivery of Kits, as necessary to protect the security or operation of the Services at our sole discretion.

By providing us with any ideas, thoughts, criticisms, suggested improvements, or other feedback related to our Products, Items, or Services (collectively referred to as Feedback), you agree that we may use such Feedback for various purposes. These purposes include improving our Services or any Products and promoting our Services and Products. You acknowledge that you will not be entitled to any compensation for the use of your Feedback in these ways. Additionally, if we have access to your name, likeness or voice as part of the Feedback, you agree that we may use these elements in the same manner as the Feedback itself.

You grant us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the Feedback in any form, media, or technology, whether currently known or developed in the future. This license also extends to allowing others to use your Feedback in the same manner. This applies regardless of whether you provide Feedback through the Services or via other communication methods unless we have a separate agreement with you that outlines different terms.

Keesh utilises text messages for delivery and customer service purposes. Depending on the consent provided by the Client, Keesh may send text messages to:

Where agreed to by You, both automated and non-automated marketing messages may be sent from time to time. Receiving automated marketing messages is not a condition for any purchase, and by consenting to receive such messages, You confirm that You are 18 years or older and are the subscriber to the phone number provided. Keesh does not charge for text messages, but message and data rates from Your own carrier may apply. Our text programs are supported by all Australian carriers.

Keesh reserves the right to modify, suspend, or discontinue the Services at any time, with or without notice to you. We will not be liable to you or any third party for any modifications, suspensions or discontinuations of the Services. If you object to any changes, your sole recourse will be to discontinue your access to the Services. Continued use of the Services following notice of any modifications will indicate your acceptance and satisfaction with the Services as modified. Keesh may, at its sole discretion, terminate your access to the Services at any time, for any reason. You agree that Keesh will not be held liable to you or any third party for any such termination of access.

Our Privacy Policy can be found on our website at: www.keesh.com.au/privacy Our Privacy Policy describes the way we collect, use and disclose personal information that You have supplied to Us.

Our Services may feature content provided by other users, suppliers, advertisers, and third parties. As we do not control this content, you agree that we are not accountable for any such material. We do not guarantee the accuracy, timeliness, appropriateness, or quality of the information contained in such content, and we disclaim responsibility for any unintended, offensive, inaccurate, misleading, or illegal content made available by other users, advertisers, or third parties, or for violations of third-party rights related to such content. The Service might also include links to websites that are not operated by us, including, without limitation, the websites of brands featured in Kits. We are not responsible for the content, products, materials, or practices (including privacy policies) on those websites. These links are provided solely for your convenience, and we have no control over these external sites. Our inclusion of links to external websites does not imply endorsement or affiliation with their operators. Our Services may also direct you to external websites that are governed by different terms of use. It is your responsibility to review the privacy policies and terms of use of any external site you visit. You agree that we are not liable for any issues related to third-party websites, their content, products, or practices.

The content posted on the Site and/or on our social media platforms is protected by intellectual property rights owned by or licensed to Keesh or its affiliates. Where third-party intellectual property is involved, Keesh has secured the necessary rights to use such material. You are prohibited from infringing upon the intellectual property rights of Keesh or any third party. You must not use, copy, distribute, modify, publish, or disseminate any materials or content from the Site and/or our social media platforms without prior express consent. In cases where the Site redirects you to external websites or contains links to third-party websites, this does not imply Keesh's endorsement of those websites unless clearly stated otherwise. You acknowledge that certain information on the Site may be based on data from third parties such as suppliers, manufacturers, merchants, and wholesalers. To the maximum extent allowed by law, we do not accept responsibility for any errors or inaccuracies in the information provided to us by these third parties.

From time to time, Keesh may use social media platforms for promotional and marketing purposes. We reserve the right to start or cease activities on these platforms at our discretion. You understand that any social media accounts or pages using Keesh's intellectual property are subject to the terms of use of each respective platform. Any opinions, comments, or statements made by users on social media platforms that are not affiliated with Keesh are not endorsed, supported, or verified by us, unless expressly stated otherwise. Keesh reserves the right to moderate user comments or content that we deem inappropriate and to block any accounts that violate community guidelines or these Terms, at our sole discretion.

If you have shared user-generated content as a verified customer of Keesh (Content), we may reach out to request permission to use that content. By agreeing to allow Keesh to repost or use your content, you grant us the right to reproduce, publish, modify, and display the content for any purpose, including use on our other social media accounts and future campaigns. You guarantee that any individuals featured in your content have given their consent and agree to abide by these Terms and the terms of the relevant social media platform. Keesh is not responsible for any claims arising from third parties regarding your content. You can revoke your consent at any time by contacting our customer service team. Disclaimer of warranties

The Services, along with all content, products, and services provided or made accessible to you through the Services, are offered by Keesh 'as is' and 'with all faults,' unless otherwise stated in writing. Keesh does not make any warranties or representations, either express or implied, regarding the operation of the Services or any content, products (or items), or services provided or made available to you through the Services, unless otherwise stated. This includes, without limitation, any warranties regarding merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, or accuracy. By using the Services and purchasing products (or items) through the Services, you agree that you do so at your own risk.

We do not guarantee that the Products (or Items) or Services will meet your needs, or that the Services will be uninterrupted, timely, secure, or free from errors. We also do not guarantee any specific results from using the Products (or Items) or Services, nor do we warrant that defects in the Products (or Items) or Services will be corrected. We disclaim any liability related to the use of the Products (or Items), including but not limited to skin irritations from wearing the Products (or Items) or colour transfer onto other materials. You agree not to bring any legal action against Keesh for any claims arising from the use of the Products (or Items) purchased through the Services.

You also acknowledge that you are solely responsible for any damage to your computer or data loss resulting from downloading any material related to the Services and/or Our Content. No advice or information, whether written or oral, obtained from us through the Services or elsewhere, will create any warranty, representation, or guarantee not expressly set forth in these Terms of Use.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration will be the maximum permitted under such applicable law in that State or Territory.

Four Harmony Pty Ltd t/a Keesh ACN 629 828 137

Postal address: PO Box 375, Keilor VIC 3036

Email: [email protected]

Instagram: @keesh.style

Last updated 3 December 2024