Terms of Use

1. Acceptance of Terms

By accessing and using the Kavain website at www.kavain.com (“the Website”), you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use the Website. Kavain reserves the right to modify these terms at any time, and continued use of the Website constitutes acceptance of any changes.

2. Use of the Website

You agree to use the Website only for lawful purposes and in accordance with these terms. You must not:

• Use the Website in any way that violates applicable local, state, national, or international law
• Attempt to gain unauthorised access to any part of the Website, its servers, or any connected systems
• Interfere with or disrupt the Website or its infrastructure
• Use automated systems (bots, scrapers, etc.) to access the Website without prior written consent
• Transmit any malicious code, viruses, or harmful data
• Submit false, misleading, or fraudulent information through any forms

3. Products and Services

Kavain is a business-to-business (B2B) supplier of premium Pacific Island kava products. The following terms apply to our products and services:

• Product descriptions, specifications, and pricing on the Website are for informational purposes only and do not constitute a binding offer
• Prices are indicative and subject to change. Final pricing will be confirmed in individual quotes
• Product availability is subject to seasonal supply and demand
• Kavalactone content and other specifications are indicative and may vary by cultivar, harvest, and processing method
• All purchases are subject to separate commercial agreements between Kavain and the buyer

4. Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, photographs, product descriptions, and software, is the property of Kavain or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Website without prior written consent from Kavain.

5. User Submissions

Any information you submit through the Website (including contact forms, quote requests, and newsletter subscriptions) is subject to our Privacy Policy. You represent that any information you provide is accurate and complete. We reserve the right to refuse or remove any submission that violates these terms.

6. Disclaimer of Warranties

The Website and its content are provided on an “as is” and “as available” basis. Kavain makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or availability of the Website or its content. To the fullest extent permitted by law, Kavain disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Kavain and its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website. This includes, without limitation, loss of profits, data, business opportunities, or goodwill, even if Kavain has been advised of the possibility of such damages.

8. Third-Party Links

The Website may contain links to third-party websites or services. These links are provided for convenience only and do not imply endorsement. Kavain is not responsible for the content, privacy practices, or availability of any third-party websites.

9. Indemnification

You agree to indemnify and hold harmless Kavain, its directors, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising out of your use of the Website or violation of these terms.

10. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any disputes arising from these terms or your use of the Website.

11. Changes to These Terms

Kavain reserves the right to update or modify these Terms of Use at any time without prior notice. Changes will be effective immediately upon posting to the Website. The “Last updated” date at the top of this page indicates when the terms were last revised. Your continued use of the Website after any changes constitutes acceptance of the revised terms.

12. Contact Us

If you have any questions about these Terms of Use, please contact us: