Terms of Use

Ownership of Website; Agreement to Terms of Use

Welcome to KCM.org.au, a website of Kenneth Copeland Ministries Australia. By accessing or using our website at www.kcm.org.au (the “Website”) you (the “User” or “You” or “Your”) signify that you have read, understand, and agree to be bound by these Terms of Use, which includes our Privacy Policy available at Privacy Policy (“Terms of Use” or “Agreement”). The Website is the property of Kenneth Copeland Ministries Eagle Mountain International Church Ltd. (ABN 30 067 670 562) (“KCM” or “We” or “Us” or “Our”) and its licensors. You should review these Terms of Use and the Privacy Policy carefully. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

KCM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without further notice. It is your responsibility to periodically check these Terms of Use for changes. Your continued use of the Website following the posting of changes means that you accept and agree to the changes. As long as you comply with the Terms of Use, KCM grants you a personal, non-exclusive, non-transferable, limited right to enter and use this Website.

Your Account

You may need to be registered as a member of the Website and create an account (“Account”) in order to access certain features, including the online store (“Store”) in order to donate to KCM.

When you register and activate your Account, you will provide KCM with personal information such as your name, email address, company details, postal address and telephone number. You must ensure that this information is accurate and current. KCM will handle all personal information collected in accordance with the Privacy Policy.

If you are under the age of 18, you represent that you have reviewed these Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms of Use. If you are a parent or guardian permitting a person under the age of 18 (a “Minor”) to create an account, you agree to:

• exercise supervision over the Minor’s use of the Website and their Account;
• assume all risks associated with the Minor’s use of the Website and their Account, including the transmission of content or information to and from third parties via the Internet;
• ensure that the content and information that the Minor may encounter on the Website are suitable for the Minor;
• assume liabilities resulting from the Minor’s use of the Website and their Account;</li
• ensure the accuracy and truthfulness of all information submitted by the Minor; and</li
• provide the consents contained in these Terms of Use on behalf of the Minor.</li

KCM may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms of Use on your behalf, and, even if KCM does not do this, KCM will assume that this is the case and will provide access to the Website and your Account on this basis.

You agree that you are responsible for your Account. You must maintain the confidentiality of your Account and of your password to access your Account. You are also responsible to maintain confidentiality of your Account by restricting access to your computer or computers, to other persons. You also agree to accept responsibility for all activities that occur on your Account and with your password.

Collection Notice

KCM collects personal information about you in order to set up your Account, provide you with access to the eStore and eConnection, to allow you to provide donations to KCM, to respond to your prayer requests or any general enquiries, and for purposes otherwise set out in our Privacy Policy at Privacy Policy.

KCM may disclose that information to third parties that help KCM to deliver its products and services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, KCM may not be able to provide all of its products and services to you. KCM may also disclose your personal information to recipients that are located outside of Australia, including to Kenneth Copeland Ministries headquarters located in United States of America.

Our Privacy Policy explains: (i) how KCM stores and uses, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how KCM will handle any complaint. If you would like any further information about KCM’s privacy policies or practices, please contact KCM on 1300 730 433 or partners@kcm.org.au. Please see KCM’s full contact details here
Contact Us.

By providing your personal information to KCM, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms of Use.

Content

1. KCM Content

All aspects of this Website, including but not limited to the text, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, sermons, spiritual educational content (collectively “Content”), and the arrangement of such Content on the Website, is owned, controlled or licensed by or to KCM, and is protected by United States and international copyright laws and various other intellectual property laws.

Except as expressly provided in these Terms of Use, no part of this Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without KCM’s express prior written consent. KCM considers framing, the practice of intact reproduction of a page or pages of one website into another website, to be deceptive and a violation of KCM’s copyright rights. No authorisation or permission is given for framing (copying code or layout) of KCM’s content, whether in whole or in part.

2. User Content

If you upload, or otherwise provide any information or content to the Website or to KCM, including without limitation any prayer requests or praise reports (“User Content”), you grant to KCM a non-exclusive, royalty-free, transferrable and worldwide right (but not an obligation) to use and reproduce such content on the Website to enhance your use of the Website. User Content will not be used by KCM outside of the Website without your consent.

You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You represent and warrant that your User Content:

• does not contain or condone any of the following: sexually explicit material; violence; material which is defamatory; material which is obscene, offensive, hateful or inflammatory; discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;
• is not threatening, abusive or intimidating, or provided with an intent to harass, upset, alarm or embarrass any other person or cause needless anxiety;
• does not infringe anyone else’s rights, including without limitation any intellectual property rights, contractual rights or any right of confidentiality or privacy; in particular, you should not submit content which includes music (unless you have written and recorded the music or have a licence from the person who wrote and recorded the music), or identifiable brands or logos, nor content which features any individual under the age of 16 without the consent of that individual’s parent or guardian;
• complies with all applicable laws;
• Does not misrepresent your identity or affiliation with any person, or falsely gives the impression that such content comes from someone else; and
• Does not advocate, promote or assist any unlawful act (e.g. criminal acts, copyright infringement, computer misuse, etc.),

and you agree that you will be responsible for any loss or damage KCM may suffer as a result of your breach of this warranty.

Your Use of the Site

You may not attempt to gain unauthorised access to any portion or feature of the Website, or to any of the services offered on or through the Website, by hacking, or any other illegitimate means. You may only use this Website or any Content for your personal, non-commercial use and may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes upon the rights of KCM.

The only permissible use of KCM’s copyrighted material is that you may download a single copy of any portion of the Content for your personal, non-commercial, entertainment, information or other non-public use. You may link to any posting or page on this website by hyperlinking as to redirect users to an original article or other content on KCM’s website. No part of this website may be altered, deleted, reworded added onto, or modified in any way.

KCM’s website may contain hyperlinks to other third-party websites which are not maintained by, or related to, KCM. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with KCM. The inclusion of any hyperlink to a third party site does not necessarily imply our endorsement of that website. We have not reviewed any or all of such websites and are not responsible for the content of those websites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyperlinks. Information collected by third parties is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

Disclaimer

The material in this Website could include technical inaccuracies or typographical errors. KCM may make changes or improvements at any time. KCM does not promise that the Website or any Content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. KCM makes no warranties that your accessing this Website, submitting prayer requests online, watching sermons or reviewing spiritual material available on the Website will lead to specific spiritual, physical, emotional or mental results that you may be seeking. KCM is not responsible for injury or damage to any individual related to or resulting from your or any other person’s use or access of this Website and its Content. Nor is KCM responsible for injury or damage to User or to any other person’s computer related to or resulting from accessing the Website or downloading materials and Content from the Website.

The Content in this Website is provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, including the Australian Consumer Law, KCM disclaims all warranties, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. KCM does not warrant or make any representation regarding the use of or the result of the use of the Content of this Website in terms of their correctness, accuracy, reliability or otherwise. KCM disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of this Website. You assume total responsibility and risk for your use of the Website.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, including but not limited to the failure to provide specific spiritual, physical, emotional, mental or technical results.

Limitation of Liability

Except where prohibited by law, under no circumstances, including but not limited to negligence, will KCM be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, KCM’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to KCM to access or use this Website, but in no case will KCM’s liability to you exceed $100. You acknowledge that if no fees are paid to KCM, you will be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from KCM, regardless of the cause of action. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, KCM’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnity

You agree to indemnify and hold KCM, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with, your access to or use of the Website, your conduct in connection with the Website, or any violation of this Agreement or of any law or the rights of any third party.

Violation of these Terms of Use

KCM may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or any interference with KCM’s rights or property, or the rights or property of those individuals visiting KCM’s Website. KCM reserves the right at all times to disclose any information that KCM deems necessary to comply with any applicable law, regulation, legal process or governmental request.

KCM may terminate: (1) your access to the Website (or any part of it); and/or (2) your Account, at any time without reason and without notice. These Terms of Use survive any such termination.

Governing Law; Dispute Resolution

By visiting or using KCM’s Website, including the Store, except where prohibited, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected to your access to the Website shall be resolved individually, without resort to any form of class action, and exclusively by mediation, and if not resolved by mediation, then by binding arbitration under the procedures and supervision of the Rules of Procedure for Christian Conciliation, Institute for Christian Conciliation, or similar faith-based mediation and arbitration group. In the event that the Institute for Christian Conciliation ceases to exist during the course of this Agreement, arbitration under this section shall be conducted according to the rules of the Australian Disputes Centre; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your access to the website but in no event attorney’s fees; and (3) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforce-ability of these Terms of Use, or the rights and obligations of you and/or KCM in connection with your access to the Website, shall be governed by, and construed in accordance with, the laws of the State of Queensland, Australia without regard for conflicts of law doctrine, and all proceedings shall take place in Queensland, Australia. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed sever-able from the Terms of Use and does not affect the validity and enforce-ability of any remaining provisions.

If a dispute may result in an award of monetary damages that could be paid under KCM’s insurance policy, then use of the conciliation, mediation, and arbitration procedure is conditioned on acceptance of the procedure by the liability insurer of KCM and the insurer’s agreement to honour any mediation, conciliation or arbitration award up to any applicable policy limits.

General Terms

1. Severability.

If any provision of these Terms of Use is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

2. Entire Agreement.

You understand and agree that these Terms of Use (including the Privacy Policy and Return Policy, as incorporated) constitutes the entire, complete and exclusive agreement between you and us regarding the Website and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Use.

3. Amendments to this Agreement.

KCM reserves the right to modify, supplement or replace the terms of these Terms of Use without notifying you individually. Any changes to the Terms of Use will be posted on the Website. Please check the Website from time to time for the latest changes. If you do not want to agree to changes to the Terms of Use, you can terminate these Terms of Use at any time by deleting your Account.

4. Force Majeure

KCM will not be liable for any delay in performing any of its obligations if such delay is caused by circumstances beyond its reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

5. Notice

KCM is an Australian nonprofit corporation. Unless otherwise indicated, all communications with KCM should be directed to KCM by mail to: Locked Bag 2600, Mansfield DC QLD 4122 Australia.

Any rights not expressly granted herein are reserved.

Terms for Online Store

Purchases of products made via the Store section of the Website, including books, CDs, DVDs, digital downloads and other products from time to time (each, a “Purchase”) will be subject to the following additional online terms of sale.
You must be at least 18 years old to make a Purchase.

1.Ordering Purchases

You warrant to us that all information you supply to us at the time of placing an order for a Purchase using the Website and in connection with any order made using the Website is true and correct.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. KCM reserves the right at any time after receipt of your order to accept or decline your order. All orders placed must obtain pre-approval with an acceptable method of payment. We may require additional verification’s or information before accepting any order.

KCM reserves the right to refuse or cancel any order for any reason before the products are delivered. Reasons may include, but are not limited to, the unavailability of a product or service or an error or change in the price displayed on the Website. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided to provide you with notice of the cancellation (“Cancellation Notice”). Any received monies for cancelled orders will be refunded using the method received in accordance with these terms and conditions. KCM shall not be held liable for any loss or damage occurring from such a cancellation.

KCM reserves the right to limit the maximum order quantities for any given product at any given time. KCM shall not be held liable for any loss or damage arising from such a limitation of order quantities.

2.Product information

KCM reserves the right to add, change or remove all material, information and content on the Website and on the Store at any time and without prior notice, including information such as product information, product images, product details and product prices.

We at KCM try to be as accurate and detailed as possible when describing products and services. We cannot however guarantee or warrant that product or service descriptions, text, pictures and other content on our Website and Store are accurate, legible, understandable, complete, correct, reliable or totally free from error. We shall not be held liable for any damage occurring from such instances.

3.Errors

We reserve the right to correct any errors which appear on the Website and to reject any orders which have been received in connection with such errors.

Without limiting the generality of the preceding paragraph, in the event a product is listed at an incorrect price or with incorrect information due to any act, error or omission of KCM, any of its related bodies corporates, officers, employees, agents or contractors or any other person (including, without limitation, any typographical error or error in pricing or product information), KCM shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.

KCM’s right to refuse or cancel any orders will apply whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the Purchase and your order is cancelled, KCM shall immediately issue a credit to your credit card account in the amount of the charge.

4.Cancelling your Purchase

If you notify us before your Purchase has been dispatched for delivery to you, KCM may (in its absolute discretion) accommodate order cancellations.

If your Purchase has been dispatched for delivery to you, KCM reserves the right to refuse any order cancellation. You may then seek to return the products to us in accordance with our Return Policy (as varied from time to time) which is accessible on the Site. In such circumstances, you will be required to return the product to us at your expense.

5.Delivery of Products

The delivery times provided by KCM are estimates only. KCM will not be held responsible or accountable for late deliveries or loss or damage to products relating to late deliveries. In the event that multiple products are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you have provided as part of your Account. Please ensure you enter the correct delivery address. KCM cannot be held responsible for incorrectly entered delivery addresses.

6.Change of Address

KCM cannot be held responsible for an incorrect address being entered on your order.

KCM gives you an opportunity to enter the delivery address and then to confirm the delivery address for the products on the review, billing and shipping pages in the Store.

If you complete your order and then notice that the address details are incorrect, please contact us immediately. Whilst we may attempt to update any incorrect order details, due to the fast processing of orders at our warehouse or by our vendors, some orders may not be able to be adjusted and KCM will not be responsible for or liable in connection with any incorrect delivery of products.

7.Supply and Delivery

Subject to you complying with these Terms of Use and acceptance of your Purchase by KCM, KCM will sell and supply the products to you as shown on your order confirmation.

Products may not be available for immediate delivery. Subject to the other terms and conditions contained in these Terms of Use, KCM will use its best endeavours to arrange for the products to be delivered to you within 3 to 4 weeks of your Purchase being processed.

Where KCM becomes aware that products the subject of your Purchase are unavailable or will have extended delays for delivery, KCM will contact you and:

(a)you may cancel your Purchase without charge; or

(b)where the extended delay is outside of the reasonable control of KCM, KCM may cancel your Purchase,
in which case, KCM will arrange for a full refund of any payment made by you to be processed or KCM will contact you and offer you a substitute item for the same or greater value, which may be accepted by you as a substitute for the product that you have ordered.

Where you select to have your products delivered to a specified address:

(a)The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

(b)On acceptance of your order by KCM, your Purchase will be dispatched to your specified delivery address generally within 3 to 4 weeks of the date your order was processed.

(c)KCM will use its best endeavors to deliver your Purchase within any stated time-frames for dispatch. However, KCM does not warrant that any time-frames for delivery will be met, as many factors may affect such time-frames.

(d)You must advise at the time you place your order via the Store or later when you discuss delivery with KCM, of any difficulties that may be involved in the delivery. If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location, you may be liable for any extra charges including re-delivery fees or additional delivery fees.

(e)KCM cannot and will not accept responsibility for delivery failures or delays by Australia Post or any third party delivery contractor.

8.Acceptance of Products

You are responsible for inspecting the products to determine whether they are defective or there is a fault in the product. If the products are defective or have a fault, please contact us in accordance with our Return Policy.

9.Prices

Prices displayed on the Website:

(a)are shown in Australian dollars and include GST, where applicable;
(b)may not include delivery and handling charges; and
(c)are subject to change at any time and from time to time.

Certain products displayed on the Website may be unavailable for purchase from the Website.

10.Payment

Payment for Purchases must be made at the time of placing your order using the Store and may be made by Visa, Mastercard, American Express and PayPal.
Without limiting the generality of the foregoing, you agree to comply with any terms and conditions of any external payment processors for the Website, where applicable.

11.Title and Risk in Products

A product delivered by us to you remains our sole and absolute property until all money due to us has been paid, however, a product will be at your own risk from the time the product is removed from storage or our warehouse for the purpose of delivery to you. You will be responsible for obtaining any necessary insurance in respect of a product shipped to you.

12.Australian Consumer Law

Under the ACL, consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services.

Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified provided that, to the extent that such law permits us to limit our liability, then our liability is limited to:

(a)in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
(b)in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

Any express warranty given in these Terms of Use is in addition to and does not limit your rights under the ACL.

13.Return and exchange procedure

You may return products to KCM in accordance with KCM’s Return Policy (as varied from time to time) which is published on the Website. You must comply with the terms and conditions of that policy in connection with any products that you return to KCM.

14.Limitation of Liability

To the extent not prohibited by law, in no event shall KCM be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the products, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if KCM has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall KCM’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you have actually paid to KCM for your Purchase. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Terms for Donations

Donations to KCM made via the “Give” section of the Website (each a “Donation”) will be subject to the following additional terms.

You must be at least 18 years old to make a Donation.

1.Payment

Payment for Donations must be made at the time of making your pledge on the Website and may be made by Visa, Mastercard, American Express via Pushpay and PayPal.

If you do not have an Account, Donations may only be made using PayPal.

Without limiting the generality of the foregoing, you agree to comply with any terms and conditions of any external payment processors for the Website, where applicable.