Terms of service
1.1 In these conditions:
(a) “Kangarama, we, us, our” shall mean Kangarama Pty Ltd (ACN 644 053 369);
(b) the word “person” shall be deemed to include a corporation, words importing the singular or plural number shall be deemed to include the plural or singular number respectively and words importing the masculine gender only shall include the feminine or neuter gender as the case may require;
(c) “Goods and Services” shall mean goods and services agreed to be supplied or supplied by Kangarama to the Customer;
(d) “Customer, you” shall mean a person who purchases the Goods and Services.
(f) “TGA Law” means the Therapeutic Goods Act 1989 and its associated regulations and legislative instruments.
2. Nature of Goods
2.1 Our Goods are registered on the Australian Register of Therapeutic Goods (ARTG Number 349484) and comply with the TGA Law. Goods distributed by Kangarama are not considered to be personal protective equipment (PPE) wear. The properties of the Goods are not intended to replace the normal hygiene or washing or maintenance of garments. Kangarama assumes no responsibility or liability whatsoever for the use of the Goods for purposes for which they have not been approved or certified, nor does it assume any responsibility or liability in connection with the improper use of the Goods.
3.1 The price for Goods and Services shall be as set out in Kangarama’s standard list price published on the website as at the date of order. All prices include GST, but exclude delivery (which will be notified separately). These prices apply unless a fixed price or a price fluctuation has been agreed, in writing, between you and us (eg for bulk orders or customised orders)
4. Kangarama Online
(a) By representing our Goods and Services online for sale, Kangarama is inviting you to make an offer to us to purchase those Goods and Services on the Terms set out.
(b) To offer to purchase Goods and Services online, you must:
(i) Set up an Account: You are required to provide your name and email address and select a password (your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our website or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the website and Services. You are solely responsible for any and all use of your Account Information and all orders and activities that occur under or in connection with the Account.
(ii) place an order for the Goods and Services using the process set out on the website;
(iii) confirm the order details in accordance with the procedure on the website. You must ensure that you check the order carefully;
(iv) make payment in full on the website at the time of placing the order; and
(v) accept our pricing and terms.
(c) Once you have placed your order, you cannot cancel or revoke your order, unless expressly provided for in these Terms, or if one of the exceptions under the Electronic Transactions Act applies.
(d) You acknowledge and agree that:
(i) the electronic transmission of information is sometimes unreliable and it is possible that your offer or payment may not be received by Kangarama for reasons beyond either parties' reasonable control;
(ii) to the extent permitted by law, Kangarama is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with your use of the website, the transmission of an electronic communication through the website, or any failure to receive an electronic communication for whatever reason; and
(iii) we are under no obligation to investigate the authenticity or authority of persons using your login and password, or placing an order, or to verify the accuracy and completeness of such electronic communications.
(e) You will receive an email from Kangarama as soon as practicable after you have made payment. If you have any questions regarding your order you may contact Kangarama. Contact details for Kangarama will be displayed on your order confirmation, or they can be found on our website.
(f) We may, in our sole and absolute discretion, accept or reject any offer to purchase made by you for any reason, including but not limited to an error in the advertised price for, or description of, the Goods and Services on the website, or an error in your order.
(g) While we endeavour to accept and fulfil all orders, there may be occasions where we may not be in a position to accept your order. If that occurs, we will notify you by telephone or email and arrange for an account credit or a full refund of any payment made by you in relation to that order to be processed.
4.2 ONLINE PRICE
(a) Prices shown on our website are in Australian dollars and will include GST unless otherwise noted. Prices will not include delivery which will be notified as a separate amount. Prices are subject to change.
(b) Unless otherwise stated, any accessories shown in any image of Goods and Services are not included in the price.
(c) We reserve the right to correct any errors published on the website.
4.3 ONLINE PAYMENT
(a) To pay for an order, you will need to provide Kangarama with the information necessary to process an order from you, including your shipping address and the billing information requested on the website to pay for such order. .
(c) If any other third party supplier is utilised by Kangarama to process payments, use of the website will be subject to any terms and conditions of that provider.
4.4 ONLINE PAYMENT AND CREDIT CARD FRAUD
(a) To the extent permitted by law, Kangarama will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card account is fraudulently used or is used in an unauthorised manner.
4.5 DISCLAIMER AND INDEMNITY
(a) To the extent permitted by law, Kangarama excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(i) errors, mistakes or inaccuracies on the website;
(ii) any interruption or cessation of transmission to or from the website;
(iii) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(iv) any unauthorised access to or use of the website’s secure servers; and/or
(v) any malware, viruses, Trojan horses, worms or other harmful or malicious code or communications which may be transmitted to or through the website, save to the extent that Kangarama’s gross negligence has directly caused or contributed to that liability.
(b) Except as expressly provided in these Terms, and to the fullest extent allowed by the law, Kangarama, its related bodies corporate and their respective directors, employees, contractors, agents and other third parties will not be liable for any indirect, special, incidental or consequential damages arising out of your access to or use of the website including, but not limited to, any loss of profit, loss of opportunity, loss of income, loss of business, any loss of goodwill or reputation; increase in expenses; and pure economic loss.
(c) You will at all times indemnify, and keep indemnified, Kangarama and each of its related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with, or in respect of, your conduct or breach of these Terms.
(d) This clause is subject to the Non-excludable Rights (as defined in clause 16 below).
5. Online Content
(a) When you access the website and/or Services, you obtain access to various kinds of information (“Content.”). You agree that you will not post any Content that infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; violates the applicable privacy, publicity, or other rights of third parties; is false or inaccurate; is discriminatory, unlawful, tortious, illegal, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion. You will not upload or post anything that contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(b) We may, but are not obligated to, remove Content from the website for any reason, including if we determine or suspect that such Content violates these Terms.
(c) When you post or publish Content or otherwise make available your content, you grant Kangarama a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) to re-publish your content.
6. Online Communications
By using our website you consent to receive communications from us in an electronic form; and agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
7. Third Party Content and Websites
7.1 Content from third parties websites, and links to third party websites may be made available to you through the our website. We do not control such content. You agree that we are not responsible for any such content. We do not make any warranties, representations, endorsements or guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators.
8. General Rules of Use
The Customer agrees not to use, reproduce, duplicate, copy, sell, resell or exploit the Goods or any portion of the website or Services, for any purposes other than for which the Goods, website or Services are being provided to you. The Customer will not, and must ensure than any authorised users will not:
(i) do anything illegal;
(ii) attempt to reverse engineer or otherwise attempt to derive the source code of the software;
(iii) attempt to gain access to secured portions of the website or Services to which you do not possess access rights;
(iv) upload or transmit any form of malicious code;
(v) use any high volume automatic, electronic or manual process to access, search or harvest information from the website or Services (including without limitation robots, spiders or scripts);
(vi) interfere in any way with the proper functioning of the website;
(vii) use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the website or the Content contained on any such web page for commercial use without our prior express written permission; or
(viii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
9. Special/Custom Orders
9.1 Goods manufactured that include sponsors or layouts or other designs and specifications that are customised for the Customer are not returnable to Kangarama under any circumstances (unless those Goods are defective) and may be subject to additional terms and conditions agreed between us and you at the time of order. The Customer agrees to indemnify and to keep indemnified Kangarama from and against all costs, losses and damages claimed in relation to any design defect in such Goods and any third party claim that the Goods as manufactured infringe any patent, registered design, copyright, trademark or common law intellectual property right of any person.
10.1 We make reasonable efforts to display our Goods and their colours as accurately as possible on our website. The Customer agrees that that the displayed colours of the Goods will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colours of the Products.
11. Promotional offers.
11.1 We may run promotional offers from time to time on the website. The terms of any such promotion will be posted on the website. You acknowledge that you have read and understood the applicable terms and information related to any such promotion. Each promotional terms are incorporated by this reference into, and made a part of, these Terms. Unless otherwise indicated, we may modify, in our sole discretion, the terms of such promotional offers and end such offer at any point.
12.1 All information contained within our sales documentation, and representations made by our staff, or on our website are for general guidance purposes only. The Customer is relying on its own skill and judgement in relation to the purchase of the Goods and Services.
14. Delivery, Risk and Receipt of the Goods and Services
14.1 Delivery of the Goods to the Customer at that address nominated by the Customer shall constitute both delivery to and receipt of the Goods by the Customer. Kangarama may deliver Goods in instalments.
14.2 Risk in the Goods passes to the Customer on delivery.
14.3 Kangarama may supply Goods and Services that vary from the Goods and Services ordered by the Customer and the Customer must accept the Goods and Services supplied provided that such variations are not material.
14.4 The Customer must comply with all safety, care, cleaning, disposal and manufacturing directions or requirements issued by Kangarama in relation to the Goods.
14.5 Subject to the Electronic Transactions Act and our Returns Policy published on our website, Kangarama will not accept return for Goods ordered in error, or any Goods that have been damaged in any way or where the Customer has not complied with all safety, care, disposal and manufacturing directions or requirements.
14.6 Any date for delivery of the Goods and Services by Kangarama is an estimated date for delivery only. Kangarama shall be under no liability for loss or damage, however it arises, if the Goods and Services are not delivered by that date.
16. Statutory Warranty and Limitation of Liability
(a) Subject to clause (b) below, Kangarama makes no guarantee, condition or warranty as to materials, workmanship or performance of the Goods and Services.
(b) Any warranties that may arise by implication, either by statute, common law or in any other way, are expressly excluded to the extent that such exclusion is not prohibited by law.
(c) You may have rights under the Australian Consumer Law or other rights in relation to the supply of good and services that cannot lawfully be excluded (Non-excludable Rights). Subject to the Non-excludable Rights, and notwithstanding any other provision of these terms, Kangarama’s liability to the Customer, whether arising under or in connection with these terms or the performance or non-performance thereof or anything incidental thereto, and whether by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (for negligence or otherwise), or on any other basis in law or equity is limited to an amount equal to the lesser of (as determined by Kangarama):
(i) the cost of having the Goods and Services repaired; or
(ii) the cost of replacing the Goods and Services; or
(iii) the cost of obtaining and supplying equivalent goods.
(d) Subject to the Non-excludable Rights, Kangarama shall not be liable for special, indirect or consequential loss or damage whatsoever in connection with the supply and use of the Goods and Services, including but not limited to any loss of revenue or profits which would otherwise be derived from the use of the Goods and Services.
17. Intellectual Property
17.1 These terms do not give the Customer any intellectual property rights in the Goods and Services. Certain of the names, logos, and other materials displayed on Goods, the website or in the Services constitute trademarks, trade names, service marks, logos, graphics, designs or other commercial symbols (“Kangarama Marks”) of Kangarama or its related bodies corporate. You are not authorized to use any such Kangarama Marks. Ownership of all such Kangarama Marks and the goodwill associated therewith remains with us or our related bodies corporate.
17.2 The Customer warrants that the use by Kangarama of any intellectual property rights, designs, specifications, logo’s or other materials or information of any nature provided to Kangarama by the Customer shall not infringe any third party's intellectual property rights. If any claim is brought or threatened against Kangarama in respect of such an infringement, Kangarama shall be entitled to suspend further work for the Customer, and the Customer shall indemnify Kangarama against all actions, claims, costs, demands, expenses and liabilities of whatsoever nature suffered or incurred by Kangarama as a result of any such claim or threatened claim brought against Kangarama.
18. Force Majeure
18.1 No failure or omission to carry out or observe any of its obligations under these Terms shall give rise to any claim against Kangarama or result in a breach of these Terms if such failure or omission arises by reason of delay or inability to obtain materials, fire, storm or other action of the elements, accidents, pandemics, epidemics, government restrictions or from other causes whether like or unlike the foregoing which are unavoidable or otherwise beyond the control of Kangarama.
19. International Use
19.1 The website is controlled and offered by Kangarama from Australia. Kangarama makes no representations that the website is available for use in other locations or that the Goods and Services will be available to users in other countries. Those who access or use the website or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
20.1 Failure by Kangarama to insist upon the performance of any one or more of the conditions hereof shall not be deemed to be a waiver of any rights and remedies that Kangarama may have and shall not be deemed a waiver of any subsequent breach or default. No provision of these Terms shall be deemed to have been waived by Kangarama unless such waiver is in writing and signed by an officer of Kangarama giving notice in that behalf.
21. Terms and Variation
21.1 These Terms and any other terms and conditions for supply of the Goods and Services to which Kangarama has consented to in writing are the sole terms and conditions governing the sale and supply of the Goods and Services by Kangarama to the Customer.
23.1 If any dispute arises in relation to these Terms and/or Goods and Services supplied by Kangarama to the Customer, Kangarama may by notice in writing to the Customer at any time prior to determination by a court require that such dispute or part thereof be determined by arbitration according to law. The arbitration is to be conducted in accordance with the relevant Commercial Arbitration Act (of whatever name) of the State or Territory nominated as being the governing law and in the capital city of that State or Territory. Kangarama may give notice that any dispute with the Customer is arbitrated with any other dispute relating to the same Goods and Services or issues. There is to be a single arbitrator appointed by agreement or failing agreement by the president of the law society of that State or Territory. The arbitrator’s decision is final and binding subject to any right of appeal under the relevant Commercial Arbitration Act.
23.2 The reference of a dispute to arbitration does not affect the Customer’s obligation to pay the price for the Goods and Services when due which must be paid without deduction or equitable or other set off pending the resolution of any dispute whether referred to arbitration or otherwise.
24.1 If any of these terms are or later become illegal or unenforceable, the illegal or unenforceable part of those terms are taken to be severed from these terms, but all other terms remain in place.
25. Governing Law
25.1 These terms will be governed by and construed in accordance with the laws of New South Wales and the Customer irrevocably submits to the exclusive jurisdiction of a competent court in the capital city of that State.