Terms of service

Welcome to Keep Club! This website (at keepclub.com.au) (Site) is a shopping website where you can browse, select and order personalised clothing and accessories (Goods) from Keep Club AU (ABN 11 359 058 791). 

(Collectively Keep Club, us or we).

These Terms of Service ("Terms") apply when you visit our website or shop our range of personalised products. By accessing or using our website, you agree to these Terms, so please read them carefully.

If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

The Terms also apply to the sale of any Goods via methods other than the Site, including sales by telephone, in person or other means, unless otherwise agreed in writing.

About Us

Keep Club is an Australian-based brand that designs and sells personalised apparel, gifts and keepsakes for little legends (and their proud grown-ups). We operate through our website: https://keepclub.com.au

Using Our Site

You agree to use our site for lawful purposes only. You must not misuse the website or our content, interfere with its security or try to access areas you’re not allowed to.

We reserve the right to refuse service to anyone for any reason at any time — especially if you’re being a bit dodgy.

Product Information

We do our best to describe and display our products accurately. However, colours may vary slightly due to screen settings or photography. Because many items are handmade or personalised, small variations may occur — and that’s part of the charm!

Personalised Orders

Please double-check your customisation details before placing your order. We are not responsible for typos, incorrect spellings, or details provided incorrectly. Once an order is in production, changes can’t be made.

Pricing & Payment

All prices are in Australian Dollars (AUD) and inclusive of GST (unless stated otherwise). Prices given on product pages exclude delivery. We reserve the right to update pricing at any time. Payment must be made at checkout using our secure payment gateways. We accept payment by Visa and Mastercard. Payment card use may be subject to processing fees, but you will be informed of those prior to finalising your purchase.

Ordering

You may order products from our site by placing an order through the product pages. By placing an order with us, you are making an offer to purchase the desired products and services from us. You are not permitted to order any products for resale to a third party. We reserve the right to accept or reject any offer you make us, for any reason, including but not limited to if the products requested are not available, payment not being processed successfully, we suspect your order is for commercial purposes, there is the possibility of fraud or there is an error in the price or description of the product you want to buy. Each offer you make to us and accepted by us creates a separate and binding agreement between you and us for the supply of the relevant products. Maximum order sizes apply, if you have large requirements, please contact us directly by emailing us at hello@keepclub.com.au. For us to put your order through, we need some information from you. Some of these include your name, contact details, billing address, delivery address, and payment details. For information on how we obtain, store and use your personal information please see our Privacy Policy. You should receive a message on the screen confirming your order once your payment has gone through. If you don’t, there may have been a problem with processing your order. Please let us know if this happens by emailing hello@keepclub.com.au

User Content and Content Rules 

Images uploaded by a User on keepclub.com.au are treated as "User Content" for the purposes of these Terms.

You must not upload User Content, or otherwise deal with User Content through Keep Club, if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:

  • infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to Keep Club or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it;
  • infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to Keep Club and to authorise the subsequent use of it;
  • infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
    contravene any applicable law (including, without limitation, any criminal law) or regulation;
  • include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
  • misrepresent the User's identity in any way or impersonate any person;
  • contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
  • harass, upset, embarrass, alarm or annoy any person;
  • give the impression that it emanates from us, if this is not the case;
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

The above are our Content Rules.

Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site. 

We may without notice cancel any Personalised Photo product order which appears to breach our Content Policy.

Shipping & Delivery

We ship across Australia (and soon, the world!). Shipping times may vary, especially for personalised products. Estimated dispatch times are provided on each product page. Once your order leaves our hands, we’re in the hands of the courier gods — but we’ll do our best to help with any delays.

Returns & Exchanges

Because most of our items are personalised, we cannot accept returns unless the item is faulty or we’ve made a mistake. If something’s not right, contact us within 7 days of delivery and we’ll make it right.

Promotion Terms and Conditions

‘Discounts and offers’

These Terms and Conditions govern all Keep Club discounts and promotions. Participation in a Keep Club discount or promotion is deemed acceptance of these Terms and Conditions. Any purchase not complying with these Terms and Conditions is invalid.

Eligibility
1.1 The promotional discount is available to individual purchasers only. It is not applicable to institutional or trade purchases.
1.2 The promotional discount is only valid for purchases made online via www.keepclub.com.au
1.3 Promotional discount codes can only be used once per individual. Only one promotional discount code can be used per order.
1.4 A promotional discount code cannot be used:
1.4.1 after an order has been placed; or
1.4.2 in conjunction with any other offer or discount
1.5 Promotional discounts are:
1.5.1 only available while stocks last;
1.5.2 non-transferable, not for resale, and not redeemable for cash; and
1.6.3 only valid for one use per customer
1.7 Keep Club reserves the right to withdraw, amend or cancel a discount offer at any time.

Promotion Terms
2.1 Keep Club reserves the right to withdraw any promotion codes or offers at any time and without notice.

General
3.1 Keep Club will not sell your personal information to others or release it to others without your prior consent, and will only use your personal data as outlined in our privacy policy.
3.2 Keep Club reserves the right to amend these Terms and Conditions at any time. Any revised version will be effective immediately that it is displayed on this website.
3.3 In the event that these Terms and Conditions are translated into any language other than English, the terms of the English Language version shall prevail in the event of any conflict.

Prizes, Giveaways & Substitutions

4.1 If the prize specified by Keep Club in a giveaway is not available for any reason at the time of sending, we will substitute the prize for a product of equal or greater value, decided by Keep Club.
4.1.1 This includes but is not limited to:

  • If the recipient lives outside of Australia

Promoter’s Details
5.1 The Promoter is Keep Club, having its registered office at 15 Itkeston St, Herne Hill, VIC.
5.2 These Terms and Conditions shall be governed by the law of Victoria, Australia.

Intellectual Property

All content on our site — including product designs, logos, imagery and wording — belongs to Keep Club and is protected by copyright. You may not copy, reproduce, or use any of our content without permission. (Not cool.)

Privacy

Your privacy matters to us. We collect and use personal data in accordance with our Privacy Policy. Please review it to understand how your data is handled.

Third-Party Services

We may use third-party apps or services to run our store (e.g. payment processors, shipping providers). By using our site, you agree to their terms as well.

Limitation of Liability

Keep Club is not liable for any loss, injury, or damage resulting from the use (or misuse) of our site or products. Our liability is limited to the fullest extent permitted by law.

Changes to Terms

We may update these Terms from time to time. If we do, we’ll post the revised version on our website. Continued use of the site means you accept any updated Terms.

Arbitration Agreement

By consenting to Keep Club’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at hello@keepclub.com.au for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing Keep Club products or services, you agree that any controversy, claim, action, or dispute between you and Keep Club arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Keep Club’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

  1. Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in [County, State, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Victorian State, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

  2. Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Keep Club’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 15 Itkeston St, Herne Hill 3218 Australia.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Keep Club. You are responsible for ensuring Keep Club’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

2. Class Action Waiver:

You and Keep Club agree that you may bring or participate in Claims against Keep Club only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Keep Club agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Contact Us

Questions? Ideas? Cookie recommendations? We’d love to hear from you.

Email: hello@keepclub.com.au
Mail: Keep Club, 15 Itkeston Street, Herne Hill, VIC 3218, Australia