Store Policies

Refunds

We don’t refund empty boxes of chocolates. If you have a quality concern about your order, please get in touch with us before you eat them all.

We wrap your goodies up tight like a newborn; once they leave us, they’re out of our control. Kenyak is not responsible for damage or delays incurred during transit, or by third party couriers.

Terms of Service

This website is operated by Kenyak. Throughout the site, the terms “we”, “us” and “our” refer to Kenyak. Kenyak offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Information Provided

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products

Certain products or services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Billing

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Third Party Links

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments and Feedback

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, see below.

Errors, Inaccuracies ect.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Used

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kenyak, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Kenyak and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

Changes to these terms

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at gday@kenyak.com.au.

Our contact information is posted below:

KENAYK

102 Cascade Road, South Hobart, Tasmania.

Privacy

Kenyak Privacy Policy

Updated July 2024

This privacy policy ("policy") will help you understand how Kenyak ("us", "we", "our", “Kenyak”) uses, stores, discloses and protects the data you provide to us when you visit and use https://www.kenyak.com.au/ ("website", "service").

We respect your privacy and are committed to the Australian Privacy Principles (APP) contained in the Privacy Act 1988 of the Commonwealth of Australia (Privacy Act), and we reserve the right to change this policy at any given time. Updates of this policy will be published on the website. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. In any event, by continuing to use the website, following any changes, you will be deemed to have agreed to such changes. 

What Personal Data do we collect?

The kind of personal data that we collect from you will depend on how you use the website. The personal data which we collect and hold about you may include:

  • personally identifiable information such as your name, contact information, addresses, email addresses, phone and facsimile numbers;

  • demographic information such as your gender, age or date of birth, hometown and interests;

  • financial data such as payment and banking details, including credit card information;

  • mobile device and server data such as your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the websites, ad data, IP address and standard web log information;

  • details of the goods and services we have provided to you or you have enquired about, including any additional information necessary to deliver those goods and services and respond to your enquiries;

  • any additional information relating to you (such as interests and preferences) that you provide to us through our website or app, paper forms, through any online presence or through other websites or accounts from which you permit us to collect information;

  • any other Personal Data that may be required to facilitate your dealings with us.

By voluntarily giving us personal data, when you subscribe, register or transact with us, when you visit the Kenyak website or when you choose to make an order or by participating in any chats, blogs or following us on any social media channels (such as Facebook, Instagram, and Pinterest) you consent to our collection, use and disclosure of your Personal Data in accordance with this policy and any other arrangements that apply between us.

You are under no obligation to provide us with Personal Data of any kind, however your refusal to do so may prevent you from using certain features of the website and our ability to provide our goods and services.

How do we collect Personal Data?

We collect your Personal Data in many ways either directly from you, or from third parties whenever you input such information into the website, including:

  • when you visit, log onto or register on our website;

  • when you save an item;

  • when you join or subscribe to our newsletter program;

  • when you communicate with us through correspondence, chats, email, phone, in person or when you share information with us from other social applications, services or websites;

  • when you interact with our sites and social media channels, services, content and advertising;

  • from cookies;

  • when you make a purchase from us or enquire as to an order;

  • from third parties, such as our related entities, business or commercial partners, credit reporting bodies, wholesale or other customers, or your representatives; or

  • from publicly available sources of information.

We may also generate Personal Data about our customers from information that we have. For example, by analysing our records of a customer’s use of our products or services or the customer’s previous dealings with us.

Why do we collect, use and disclose Personal Data?

We collect your Personal Data for the primary purpose of providing goods and services to you and permits us to provide you with a smooth efficient and customised experience, including the following:

  • to create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts

  • generate a personal online profile about you to make future visits to the website more personalized to assist with re-ordering from our menu.

  • to obtain opinions or comments about products and services and perform research and analysis to assist us to provide, develop and improve our goods and services to you

  • to send you support and administrative messages, reminders, updates, security alerts, and information requested by you and to respond to any of your queries and process any complaint made by you;

  • to send you marketing and promotional messages about our products and services, competition results, special offers, games and other information, including events, that may be of interest to you;

  • prevent fraudulent transactions, monitor against theft, and protect against criminal activity;

  • process orders, gift cards, payments and refunds;

  • to improve the operation or navigation of our website and where necessary inform you of changes made to our website

  • for our internal administration purpose and perform other business activities as needed;

  • to facilitate and/or comply with our legal obligations, address any issues or to resolve any disputes that we may have with any of our users, and enforce our agreements with third parties;

  • for any other purpose not listed above which we will make clear to you at the time of collecting your Personal Data; or

  • for such other purposes as may be required or permitted by

You are not obliged to give us your Personal Data. However, if you choose not to provide us with all or part of the Personal Data, we may not be able to provide you with a full range of our goods and services, or inform you about the goods and services offered by us or the goods and services of other organisations.

Collection of Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as your racial or ethnic origin, sexual orientation or practices, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

If you provide sensitive information to us for any reason (for example if you provide us with health information such as information about allergies you might have) you consent to us collecting, using and disclosing that information for the purpose for which you disclosed it and as permitted in accordance with the applicable law. We will handle any sensitive information that we receive in accordance with the applicable law and this policy.

Do we use your Personal Data for direct marketing?

We may send you direct marketing communications and information about our products or services. This may take the form of phone calls, emails, SMS, in-app messaging, mail or other forms of communication, in accordance with the Spam Act and the applicable law. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link) in the marketing communications .

To whom do we disclose your Personal Data?

We may share Personal Data we have collected about you in certain situations. Your information may be disclosed to:

  • our employees, agents, officers and related bodies corporate;

  • third party service providers (including payment systems operators (e.g. merchants receiving card payments) providers that host our web servers, manage our IT, payment processing, data analysis, email delivery and those involved in the operation of our business to provide our products and services to you.

  • suppliers and other third parties with whom we have a commercial relationship, for business, marketing and related purposes including to third parties who perform services on our behalf for the purpose of providing you with goods and service.

  • professional advisers, lawyers, accountants, insurers, auditors, dealers and agents;

  • anyone to whom our assets or businesses (or any part of them) are transferred. You acknowledge that such transfers may occur and the transferee may decline to honour commitments we made under this policy;

  • specific third parties authorised by you to receive information held by us;

  • in certain circumstances, to third parties that require information for law enforcement or to prevent a serious threat to public safety;

  • other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law; and/or

We require our service providers to keep Personal Data confidential and not to use or disclose it for any purpose other than performing services for us or on our behalf.

You should be aware that some information that you upload to parts of our websites or to our social media pages may be available to be viewed by the public. You should use discretion in deciding what information to upload to such sites.

Using our website and cookies

With the use of cookies, we may collect Personal Data about you when you access our website. Cookies are small files that store information on your computer, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser. However, certain aspects of our website may require the information collected by cookies to function and may not be available or perform optimally if the cookies function is disabled.

First-party cookies. The data we collect includes internet protocol (IP) addresses, browser type, web pages, operating system, date/time stamp. To collect this information, a cookie is set on your computer or device when you visit our website. Cookies contain a small amount of information that allows our web servers to recognize you.

Third-party cookies. We might also use other third-party services to provide you with goods and services through our website. Our website contains links that lead to other websites. These services might set up their own cookies to remember you. If you click on these links, we are not held responsible for your data and privacy protection. Visiting those websites is not governed by this policy. Make sure to read the privacy policy documentation of the website you go to from our website.

We store information that we collect through First-party and Third-party cookies or other similar tracking technologies on our website that help us track your website usage and remember your preferences to customize our website to your needs. While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit, the type of browser software used, the internet protocol address assigned to your computer and the previous website from which you linked to our website.

How we store and secure Personal Data

Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience only and may not remain current or be maintained. Unless we have stated otherwise, we are not responsible for the privacy practices of and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our policy, so we encourage you to read them before using those websites.

Your Data Protection Rights

Where you have allowed us to collect and process certain Personal Data from you, you have certain rights in relation to the processing of your Personal Data, including the following rights:

  1. Right of Access. You have the right to access your Personal Data from us except if we are exempt by the APP including for example, giving you that information would be a serious threat to the health or safety of others or would cause detriment to the privacy of other individuals. Where we are unable to provide you with access to all your Personal Data we will tell you why. We may also need to verify your identity when you request your Personal Data. If you would like to obtain such access, please contact us as set out below.

  1. Right to Rectification. You have the right to ask us to correct any inaccurate Personal Data and to complete any incomplete Personal Data. We will take reasonable steps to ensure that it is corrected.

  2. Right to Data Portability. You have the right to ask for a copy of your Personal Data held by us and you have the right to transfer such Personal Data to another entity.

  3. Right to withdraw consent. You have the right to withdraw you consent to the use of your Personal Data.

  4. Right to Object to Marketing. You have the right to object to further processing of your Personal Data for direct marketing purposes.

  5. Right to File Complaints. You have the right to file complaints with the applicable data protection authority about our processing of your Personal Data if you have any concerns with how it has been handled. This includes with the OAIC and other external dispute resolution schemes, such as financial service providers and telecommunications providers.

Making a complaint

If you have a complaint about the way we have handled your Personal Data, you can contact us using the details set out below.

Please include your name, email address and/or telephone number and include as much details as possible in relation to your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable time. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner at Enquiries@Oaic.gov.au

Opt-out of any direct marketing activities

If you wish to opt-out of any direct marketing activities, you may do so via the link in the email or contact us by email at gday@kenyak.com.au

Contact Us

For further information about our policy or practices, or to access or correct your Personal Data, or if you a complaint, you can contact us using the details set out below:

Kenyak

1/102 Cascade Road South Hobart, TAS, Australia

gday@kenyak.com.au