Your Cart is Empty
Please read this document carefully as it contains the terms and conditions that you agree to be bound by if you continue to use Kaora online store. By using the kaora.com.au website and our social media pages you accept these terms and conditions ("Agreement", “Terms”) and our Privacy Policy.
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, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
This Agreement is between you and Kaora Pty Ltd (ABN 79 636 609 544, ACN 636 609 544), referred to in this Agreement as "we", "us" or "our" and whose registered office is at 18 Millicent St, Burwood, Victoria, Australia 3125. We may change these terms at any time by publishing a revised version of the terms and conditions on this website. By continuing to use the website, you agree to be bound by the changes. The law applicable to this website is the law of the State of Victoria, Australia.
Please address any complaints, queries or correspondence regarding this Agreement or Kaora online store to support@kaora.com.au .
The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice.
To the fullest extent permitted by law, Kaora does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, Kaora does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional/medical advice where it is prudent to do so. You should make and rely upon your own assessments and inquires to verify the accuracy of the information provided.
In addition, to the fullest extent permitted by law, Kaora does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. Kaora accepts no liability arising from your access to this website.
Subject to the provisions of consumer protection legislation that cannot be excluded, Kaora accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Kaora will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, Kaora limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.
You agree to indemnify, defend and hold harmless Kaora 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If you purchase any products via this website, you must agree to Kaora's Terms of Trade.
By agreeing to these Terms, 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 unauthorised 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.
1. To submit an order for Products (Order), you must:
(a) create an account with Kaora on this website by registering your details and creating an username and password; and
(b) complete and submit the online order through your Kaora account.
2. 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.
3. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Kaora reserves the right to take legal action against unauthorised and unofficial sale of goods.
1. All prices on the website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice.
2. The amount payable to Kaora for an Order (Order Amount) will be the total of the following amounts:
Certain 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.
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.
1. Where Kaora makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, Kaora will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.
2. In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the GST Legislation, 'GST Legislation' means the A New Tax System (Goods and Services Tax) Act 1999 and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST Legislation.
1. Without limiting Kaora's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Kaora reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:
2. To the fullest extent permitted by law, the products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.
3. Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of Kaora for any loss or damage suffered by you as a result of Kaora breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.
1. Subject to the following clauses and to the fullest extent permitted by law, Kaora gives no warranty in respect of the 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.
2. For consumers, the products come with non-excludable warranties and guarantees under consumer protection legislation, such as that Kaora is the rightful owner, the products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If Kaora breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a full refund or replacement of the relevant products.
If Kaora is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Kaora will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
Personal information provided to Kaora via this website will be handled in accordance with Kaora’s Privacy Policy.
Our website is PCI level 1 compliant for credit card processing which means that it adheres to the highest standards of server compliance in the world on payment processing. Our website is encrypted with Secure Sockets Layer (SSL) certificates to ensure that data packets such as your credit card information are sent through the Internet in a safe manner. When collecting credit card information for online purchases, Kaora offers secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched. In addition, it also has an excellent fraud prevention system to flag potentially fraudulent orders so that they can manually be reviewed before processing.
Although Kaora engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.
You will need to register to use certain parts of this website. When registering, you will be required to nominate a username and password. You must keep this username and password safe and must not disclose this information to any third party. If you become aware of unauthorised use of your account, please notify us immediately.
If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit Kaora's website. Cookies allow Kaora to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider), type of browser, operating system, domain name, and the details of any website which has referred you to this website. Kaora uses cookies to track and collect information about which parts of Kaora's website and newsletter (including links to other websites) are being visited by you.
Cookies also allow Kaora to recognise your computer while you are on Kaora's website, this information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of our website.
If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this website, including the purchase section.
All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of Kaora Pty Ltd or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this website is the exclusive property of Kaora Pty Ltd and protected by Australian and international copyright laws.
Kaora and all related graphics, photographs, logos, and product and service names are trademarks (both registered and unregistered) of Kaora Pty Ltd. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without Kaora's express prior written consent.
Kaora grants you a limited licence to access and make personal use of this website and not to download or copy (other than page caching) or modify it, or any portion of it, except with Kaora's express prior written consent. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Kaora. You may not use any meta tags or any other hidden text using Kaora's name or trademarks without Kaora's express prior written consent. Any unauthorised use will automatically terminate the licence granted above.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to www.kaora.com.au so long as the link does not portray Kaora, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by Kaora, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any Kaora logo or other proprietary graphic or trademark as part of the link without Kaora's express prior written consent.
Kaora may include on this website links to websites owned by other parties. Kaora is not in any way responsible for the material contained on these websites, nor is Kaora responsible for the availability of these websites. Kaora does not endorse and is not responsible or liable for any content, including advertising or products offered on these websites, nor is Kaora responsible for any damage, offence or loss caused as the result of visiting these websites.
Kaora recommends that before you visit any website you check that your computer is running up-to-date virus checking software.
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 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 & Conditions.
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 are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
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 libellous 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.
We reserve the right to refuse service to anyone for any reason at any time.
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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
In addition to other prohibitions as set forth in these Terms & Conditions, 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.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions 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 and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
If any provision of these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).
To the fullest extent permitted by law, these Terms and Conditions together with the Order (as accepted by Kaora), the Refund Policy and Privacy Policy constitute the whole agreement between the parties and supersede all prior discussions and agreements between them.
Orders and these Terms and Conditions will be governed by the law applying in the State of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms and Conditions.
v1.0
