Terms of service

OVERVIEW

This website is operated by Kyote Outdoor Pty Ltd (ABN 88 692 642 523), trading as Kyote. Throughout these Terms of Service, “Kyote”, “we”, “us” and “our” refer to Kyote Outdoor Pty Ltd.

These Terms of Service apply when you access our website, purchase our products or use any services provided through kyote.com.au.

By using our website or placing an order, you agree to these Terms of Service, together with our Privacy Policy, Shipping Policy and Return and Refund Policy. If you do not agree, you must not use our website or services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot legally be excluded, including rights under the Australian Consumer Law.

1. ELIGIBILITY AND ACCOUNTS

You must be at least 18 years old, or have the permission and supervision of a parent or legal guardian, to place an order through our website.

You agree to provide accurate, current and complete information when placing an order or creating an account.

You are responsible for keeping your account login details secure and for activity conducted through your account. Contact us promptly if you believe your account has been accessed without permission.

1. PRODUCT INFORMATION

We make reasonable efforts to ensure that product descriptions, photographs, measurements, colours and other information are accurate.

Actual colours and appearance may vary slightly depending on lighting, photography, screen settings and the device used to view our website.

Product availability, specifications and pricing may change without notice. Any changes will not affect an order already accepted by us unless agreed with you or required to correct an obvious error.

Nothing in this section limits your rights if a product is materially different from its description or fails to meet a consumer guarantee.

1. ORDERS

Placing an order is an offer to purchase products from Kyote. An order is accepted when we confirm acceptance or dispatch the order.

We may decline or cancel an order where reasonably necessary, including where:

• A product is unavailable
• Payment cannot be authorised
• We reasonably suspect fraud or unauthorised activity
• Delivery cannot be made to the supplied address
• There is an obvious pricing, description or system error
• The order appears to be intended for unauthorised resale

If we cancel an order after payment has been received, we will provide a full refund to the original payment method.

Please check your order carefully before submitting it. If you need to change or cancel an order, contact us as soon as possible. We will try to assist, but changes or cancellations may not be possible once an order has been processed or dispatched.

1. PRICES, GST AND PAYMENT

All prices displayed on our Australian website are in Australian dollars and include GST unless clearly stated otherwise.

Any applicable shipping charge will be displayed before you complete your order. Standard shipping is currently free within Australia in accordance with our Shipping Policy.

You agree to provide accurate billing and payment information and confirm that you are authorised to use the selected payment method.

Payment is processed through Shopify and available third-party payment providers. We do not directly store complete payment-card details.

Promotions, discounts and coupon codes may be subject to additional conditions. Unless stated otherwise, promotional offers cannot be combined.

1. SHIPPING AND DELIVERY

Kyote currently delivers within Australia only.

Orders are normally processed and dispatched within one to two business days. Delivery timeframes are estimates and may vary depending on the destination, carrier and circumstances outside our reasonable control.

We remain responsible for supplying your order in accordance with Australian Consumer Law. Risk in the products passes to you when the products are delivered to the nominated delivery address.

You are responsible for supplying a complete and accurate delivery address. Additional delivery costs caused by an incorrect or incomplete address may be charged to you where the error was not caused by Kyote.

Further information is available in our Shipping Policy.

1. RETURNS, REFUNDS AND THE 30-NIGHT TRIAL

Every Kyote Dog Swag includes our voluntary 30-night trial, beginning on the date of delivery.

Returns under the trial must comply with the conditions in our Return and Refund Policy. This trial is provided in addition to, and does not replace, your rights under Australian Consumer Law.

For trial or change-of-mind returns, customers are responsible for return shipping costs unless otherwise agreed or required by law.

If a product is faulty, damaged, unsafe, materially different from its description or otherwise fails to meet a consumer guarantee, remedies will be provided in accordance with Australian Consumer Law.

Further information is available in our Return and Refund Policy.

1. AUSTRALIAN CONSUMER LAW

Our products come with consumer guarantees that cannot be excluded under Australian Consumer Law.

Products must be of acceptable quality, fit for any disclosed purpose and match their description.

If a product fails to meet a consumer guarantee, you may be entitled to a repair, replacement, refund, compensation or another remedy depending on the circumstances and whether the failure is major or minor.

Consumer guarantee rights are not limited to 30 days and may continue beyond any voluntary warranty or trial period.

Nothing in these Terms limits any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or other applicable legislation.

1. WEBSITE USE

You may use our website only for lawful personal or household purposes.

You must not:

• Use the website for unlawful, fraudulent or malicious activity
• Attempt to gain unauthorised access to the website, accounts or systems
• Introduce viruses, malware or harmful code
• Interfere with the security or operation of the website
• Scrape, copy or extract website content using automated tools without permission
• Impersonate another person or provide false information
• Infringe our intellectual property or the rights of another person
• Use the website to send spam or unsolicited promotional material
• Use our products, content or services for unauthorised commercial resale

We may restrict or terminate access where we reasonably believe these Terms have been breached.

1. INTELLECTUAL PROPERTY

Unless otherwise stated, the content of our website—including the Kyote name, logos, product designs, photographs, videos, text, graphics and website design—is owned by or licensed to Kyote and protected by Australian and international intellectual-property laws.

You may view and use the website for personal, non-commercial purposes.

You must not reproduce, modify, distribute, publish, sell, commercially exploit or create derivative works from our content without our prior written permission.

Shopify’s names, trademarks and intellectual property remain the property of Shopify or its licensors.

1. THIRD-PARTY SERVICES AND LINKS

Our website may contain links to third-party websites and may use services supplied by Shopify, payment providers, delivery companies, marketing platforms and other service providers.

We are not responsible for third-party websites that we do not control. Accessing a third-party website is at your discretion and may be subject to that provider’s own terms and privacy policy.

Nothing in this section limits our responsibility for the products we sell or obligations that cannot be excluded by law.

1. SHOPIFY

Our online store is hosted and powered by Shopify.

Purchases made through our store are transactions directly between you and Kyote Outdoor Pty Ltd. Shopify provides the ecommerce platform but is not the seller of Kyote products.

Your use of Shopify-powered features may also be subject to Shopify’s applicable terms and privacy practices.

1. PRIVACY

We collect, use, store and disclose personal information in accordance with our Privacy Policy and applicable privacy laws.

Because our store is hosted by Shopify, personal information may be processed by Shopify and service providers located in Australia or overseas where reasonably necessary to operate our website, process payments, fulfil orders or provide services.

Please review our Privacy Policy for further information.

1. REVIEWS, PHOTOGRAPHS AND FEEDBACK

If you voluntarily submit a review, photograph, video, suggestion or other content to Kyote, you confirm that:

• The content is yours or you have permission to provide it
• It is accurate and not misleading
• It does not infringe another person’s rights
• Any incentive or compensation connected with the submission has been disclosed

You grant Kyote a non-exclusive, worldwide, royalty-free licence to reproduce, publish and use that content for operating and promoting the business.

We may remove content that is unlawful, misleading, offensive, defamatory, infringing or unrelated to the product or service being reviewed.

1. ERRORS AND AVAILABILITY

Occasionally, our website may contain typographical errors, inaccurate information or omissions relating to product descriptions, prices, promotions, availability, shipping charges or delivery estimates.

We may correct these errors and update information at any time.

If an error materially affects an order you have placed, we will contact you and provide the option to proceed with the corrected information or receive a full refund.

1. DISCLAIMER

To the maximum extent permitted by law, our website and its general informational content are provided on an “as available” basis.

We do not guarantee that the website will always be uninterrupted, secure or error-free.

This disclaimer does not apply to consumer guarantees, product warranties or other rights and remedies that cannot be excluded under Australian law.

1. LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies liability that cannot lawfully be excluded, including liability arising under Australian Consumer Law.

To the maximum extent permitted by law, Kyote is not liable for indirect or consequential loss arising solely from:

• Misuse of our website or products
• Unauthorised access caused by a customer failing to secure their account
• Third-party websites or services outside our control
• Events outside our reasonable control

This section does not limit any right to compensation or other remedy available under Australian Consumer Law.

1. INDEMNITY

To the extent permitted by law, you agree to compensate Kyote for reasonable loss or damage arising directly from your unlawful use of the website, infringement of another person’s intellectual-property rights, or material breach of these Terms.

This section does not apply to loss caused by Kyote and does not limit rights or remedies available under Australian law.

1. TERMINATION

You may stop using our website at any time.

We may suspend or terminate access where reasonably necessary because of fraud, unlawful conduct, security risks or a material breach of these Terms.

Termination does not affect rights or obligations that arose before termination. Sections concerning intellectual property, liability, privacy and governing law continue where reasonably necessary.

1. SEVERABILITY

If any part of these Terms is found to be unlawful, invalid or unenforceable, that part will be limited or removed to the minimum extent necessary. The remaining Terms will continue to operate.

1. NO WAIVER

If we do not immediately enforce a right under these Terms, that does not mean we have waived that right.

1. GOVERNING LAW

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.

You and Kyote submit to the non-exclusive jurisdiction of the courts and tribunals of Western Australia and any courts entitled to hear appeals from them.

Nothing in this section prevents a consumer from exercising rights available under applicable consumer-protection legislation.

1. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our website, products, business practices or legal obligations.

The current version will be published on our website with the date it takes effect. Changes will not retrospectively reduce rights relating to an order already accepted.

1. CONTACT INFORMATION

Questions about these Terms can be sent to:

Kyote Outdoor Pty Ltd
Trading as Kyote
ABN 88 692 642 523
PO Box 2345
Clarkson WA 6030
Australia
Email: enquiries@kyote.com.au

Effective date: 17 August 2026