Terms & Conditions

Your acceptance

1.1 Magi Enterprises Pty Ltd (referred to as KOOKAÏ, we, our or us) permits users (referred to as you or your) to:

(a) access and use the KOOKAÏ website (www.kookai.com.au) (Website);

(b) place an order for products, services or both (including orders for clothing, shoes, accessories, jewellery, gift cards and all other products and services offered for sale through the Website) through our online store (E-Boutique), via phone order or via Click & Collect (Order);

(c) view and interact with any content, information, communications, advice, text or other material provided by KOOKAÏ (Content); and

(d) otherwise communicate with KOOKAÏ,

subject to the following terms and conditions (Terms).

1.2 We may from time to time review and update these Terms including to take account of new laws, regulations, practices, products or technology. By using the Website, you are agreeing to all of these Terms. We will give you notice of updated Terms by posting it on the Website or by email. Your use of the Website will be governed by the most recent Terms posted on the Website. Where you have placed an online order on the Website, the Terms that apply to your online order are the Terms that were published on the Website at the time you placed your online order. You should also check this page regularly and take notice of any changes made.

Orders for products, services or both

2.1 By placing an Order via the E-Boutique, phone order or Click & Collect you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by KOOKAÏ in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, KOOKAÏ may in its discretion permit an Order to be cancelled. The Order cannot be cancelled by you once you accept delivery of the products.

2.2 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, you will receive an email indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please contact the Kookai Concierge to check the status of your Order.

2.3 Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you and your Order is cancelled by us.

2.4 KOOKAÏ does not accept Orders via the E-Boutique or phone with a delivery address outside Australia.

2.5 KOOKAÏ products may not be purchased for re-sale.

2.6 Where you place an order via Click & Collect, you will be required to present your 'Ready to Collect' notification, 6 digit collection code and photo identification before collecting your order. Failure to present your 'Ready to Collect' notification, collection code or photo identification may result in your order being cancelled in accordance with clause 2.3.

Changes to products, services and pricing

3.1 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).

3.2 All updates and modifications to the Website including any changes to the Content, E-Boutique, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the E-Boutique.

Payments

4.1 Payment for an Order is made online through the E-Boutique (Online Payment) or over the phone for phone orders and KOOKAÏ Collect.

4.2 All prices are displayed in Australian Dollars.

4.3 Your Order will be delivered to you via one of our third party couriers or made available for collection for Click & Collect. E-gift cards will be delivered to the e-mail address you nominate in the gift card 'Recipient Email' field.

4.4 KOOKAÏ uses Shopify Payments to provide the payment services for Online Payment. For more information on Shopify Payment's security processes, please visit their website at https://www.shopify.com/legal/privacy.

4.5 We accept Online Payment via Shopify Payments using VISA, MasterCard, AMEX, Paypal, Afterpay, Klarna and The Card Network’s ‘HER’ Gift Cards in $50 and $100 denominations. Gift cards purchased from 21 January 2020 are also accepted as Online Payment. We may add additional methods of accepting Online Payments from time to time which will be made clear at the E-Boutique checkout.

4.6 The credit card holder must be either the billing or shipping recipient.

4.7 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.

4.8 If we are unable to successfully process your credit card for your Order, then we may cancel your Order.

4.9 Purchases made with Afterpay are subject to the Afterpay Terms and Conditions as displayed on their website and updated from time to time. We may display information about Afterpay on the Website. This information is provided as a guide only and, where there is any inconsistency between the Website and Afterpay’s Terms and Conditions, the latter shall prevail.

4.10 Klarna is available as a payment method for purchases of $35 - $1,000. Purchases made with Klarna are subject to Klarna’s Terms and Conditions as displayed on their website and updated from time to time. We may display information about Klarna on the Website. This information is provided as a guide only and, where there is any inconsistency between the Website and the Klarna Terms and Conditions, the Klarna Terms and Conditions will apply. Klarna cannot be used to purchase Gift Cards via the Website.

4.11 Purchases made with ‘HER’ Gift Cards are also subject to The Card Network’s Terms and Conditions as displayed on their website and updated from time to time. We may display information about ‘HER’ Gift Cards on the Website. This information is provided as a guide only and, where there is any inconsistency between the Website and The Card Network’s Terms and Conditions, the latter shall prevail. Any refunds for purchases made using a ‘HER’ Gift Card will be processed onto a KOOKAI gift card.

4.12 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.

4.13 We will provide you with a receipt at time of confirmation of the Order (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order.

4.14 All payments via credit card are subject to a security and verification process by an external, fraud prevention provider. We may require additional information from you in order to verify your identity and/or payment method before shipping your Order or emailing your e-gift card. Where we cannot verify your payment method, your Order will be cancelled.

4.15 The specific terms and conditions of supply for any products or services purchased via the E-Boutique will be notified to you before you finalise your Order. Your confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order.

Donations to Katalyst Foundation

5.1 We accept donations via our Website to our supported charity, Katalyst Foundation Ltd ACN 615 896 092 (referred to as Katalyst Foundation). Your donation will go directly to Katalyst Foundation’s efforts to alleviate poverty and empower communities in Fiji. Katalyst Foundation is a registered charity with the Australian Charities and Not-for-Profits Commission, with its registered office at 8-14 Hall Street, Hawthorn East Victoria 3123 Australia. KOOKAÏ has been authorised to appeal for, collect and process funds on behalf of Katalyst Foundation as the beneficiary (Donations).

5.2 A Donation of AUD$1.00 can be made through the Website during the checkout process (Online Donation). There is a limit of one Online Donation per transaction. Where an Online Donation is made by you across multiple transactions, these cannot be accounted for as cumulative donations. If you wish to make a larger, tax-deductible donation, please visit the Katalyst website directly http://www.katalystfoundation.org.

5.3 Online Donations are not subject to GST. Please refer to clause 4 above for further details on how payment for your Online Donation will be processed.

5.4 Online Donations are excluded from all promotions, discounts, sales and other offers. Online Donations are excluded from counting toward the total value of an order for the purpose of calculating free shipping thresholds.

5.5 All Online Donations are irrevocable, final, and not disputable. If however there are extenuating circumstances, we mayconsider refund related enquires to rectify genuine errors, or payments of an unauthorised nature. However, we are under no obligation to give refunds and reserve complete discretion on decisions in relation to refunds

5.6 When making an Online Donation your personal information will be collected, processed and disclosed only in accordance with our Privacy Policy.

Welcome Discount & Discount Codes

6.1 Where you subscribe to the KOOKAI mailing and/or SMS list, you may be eligible to receive a welcome discount off one (1) online order, subject to the following exclusions:

(a) Sale items

(b) Final Sale items

(d) Gift Cards

(e) Leather Apparel

(f) Katalyst Merchandise

6.2 The welcome discounts are valid for 7 days, can be used online only via the Website and are not valid for use in KOOKAI boutiques, during online promotions or in conjunction with any other offer.

6.3 We will determine your eligibility to receive the welcome discounts at the time you subscribe or consent to the KOOKAI mailing and/or SMS list and may exclude you from receiving the welcome discounts where you unsubscribe and resubscribe to the lists, where we reasonably suspect fraudulent activity, or otherwise at our discretion.

6.4 We reserve the right to withdraw or amend the welcome discount offers at any time.

Customer Account

7.1 When you create a KOOKAI customer account, you will be asked to provide your name, email address and password. Additional personal information, including your birthday and address, may also be added to your account at your discretion. This personal information will be managed by us in accordance with our Privacy Policy.

7.2 To be eligible for a customer account you must be:

Resident in Australia; and
Aged 16 years or over; or
Aged between 13 – 15, with consent to create an account, plus to these Terms & Conditions and our Privacy Policy provided by your parent or guardian.

7.3 By creating a customer account you agree to be responsible for:

Maintaining the confidentiality of your login details and all activity under your account
Restricting third party access to your account via your devices.
Ensuring the details in your account are accurate and up-to-date, either by updating them within your account or informing us so that we may update them on your behalf.
Use of your account remaining at all times in accordance with these Terms & Conditions.

7.4 Should you wish to opt out of communications associated with your account, please inform Kookai of your desire to opt out either by calling us on + 61 03 8290 0500 or emailing us at concierge@kookai.com.

7.5 Should you wish to terminate your account, please inform Kookai of your desire to terminate either by calling us on + 61 03 8290 0500 or emailing us at concierge@kookai.com. Upon your request, Kookai will terminate the account on your behalf.

7.6 We cannot attribute a transaction to your account retroactively if the transaction was not made under your account, nor if a transaction is not made via the website.

7.7 We reserve the right to terminate your access to your account at any time without prior notice for any reason.

Mobile Message Service

8.1 KOOKAÏ offers a mobile message service (the "Messaging Service").

8.2 Your use of this Messaging Service constitutes your agreement to these terms and conditions contained in this clause 8.

8.3 We may modify or cancel the Messaging Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these terms and conditions at any time and your continued use of the Messaging Service following the effective date of any such changes shall constitute your acceptance of such changes.

8.4 By consenting to KOOKAÏ’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of KOOKAÏ through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.

8.5 Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders, Wishlist reminders, etc).

8.6 You understand that you do not have to sign up for the Messaging Service to make any purchases, and your consent is not a condition of any purchase with KOOKAÏ. Your participation in the Messaging Service is completely voluntary.

8.7 We do not charge for the Messaging Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

8.8 You may opt-out of the Messaging Service at any time. Click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other KOOKAÏ mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

8.9 The wireless carriers supported by the Messaging Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the Messaging Service with your new number if you wish to continue with the Messaging Service.

8.10 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 Messaging Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Messaging Service.

8.11 To see how we collect and use your personal information, please see our Privacy Policy.

8.12 For Messaging Service support or assistance email concierge@kookai.com.

Risk and title

9.1 In respect of Orders delivered to you using one of our third party couriers, then:

(a) title to the products in your Order passes to you upon delivery; and

(b) all risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises or, in the case of e-gift cards, when the electronic transmission containing the e-gift card leaves our server.

Returns Policy

10.1 Online and Phone Order Returns & Exchanges

If you would like to return your online order, you can choose to do so via the E-Boutique, or at one of our KOOKAÏ Boutiques in Australia.

(a) Returns to the E-Boutique

KOOKAÏ will gladly offer a refund, exchange or gift card for items you wish to return via the E-Boutique on the following conditions:

(i) the item is returned within 21 days of receipt of purchase;

(ii) the item has not been worn or damaged;

(iii) the original tags and packaging (where applicable) are attached;

(iv) the item is not a Final Sale item, or discounted by more than 20%;

(v) the item is not jewellery or a gift card;

unless otherwise entitled to a return under the Australian Consumer Law as detailed in clause 10.5; and

(vi) you present proof of purchase; and

(vii) you have contacted the KOOKAÏ Concierge to authorise your return.

If you wish to return a sale item discounted by more than 20% to the E-Boutique, we will gladly offer an exchange or gift card. We do not accept returns or exchanges for change of mind on Final Sale items. Refunds will be processed via the same payment method as the original payment. Where the original payment method is no longer available, we may issue a gift card or exchange.

To arrange a return to our E-Boutique, please visit https://www.kookai.com.au/pages/returns. Any items received by the E-Boutique that do not comply with the above conditions will be returned to sender.

(b) Returns to a KOOKAÏ Boutique

Should you prefer to return your online order via one of our KOOKAÏ Boutiques, KOOKAÏ will gladly offer an exchange or gift card if your item meets the following criteria:

(i) the item is returned within 21 days of receipt of purchase;

(ii) the item has not been worn or damaged;

(iii) the original tags and packaging (where applicable) are attached; and

(iv) the item is not a Final Sale item, jewellery or a gift card;

unless you are otherwise entitled to a return under the Australian Consumer Law as detailed in clause 10.5; and

(v) you present proof of purchase; and

(vi) the original cardholder is present.

10.2 KOOKAÏ Pop Up Clearance and Warehouse Sale Returns & Exchanges

Purchases from a KOOKAÏ Pop Up Clearance or Warehouse Sale cannot be returned for change of mind. If any item is deemed faulty, and you were not made aware prior to purchase, you may be entitled to a repair, gift card or refund, provided you present proof of purchase.

10.3 Click & Collect Returns - Selected Boutiques only

If you would like to return your  Click & Collect Order, you can choose to do so at one of our KOOKAÏ Boutiques or via our E-Boutique.

(a)  Returns to the E-Boutique

KOOKAÏ will gladly offer a refund, exchange or gift card for items you wish to return via the E-Boutique on the following conditions:

(i)  the item is returned within 21 days of purchase;

(ii)  the item has not been worn or damaged;

(iii)  the original tags and packaging (where applicable) are attached;

(iv)  the item is not a Final Sale item, or discounted by more than 20%;

(v)   the item is not jewellery or a gift card;

 unless otherwise entitled to a return under the Australian Consumer Law as detailed in clause 10.5; and

(vi)  you present proof of purchase; and

(vii)  you have initiated a return via the KOOKAÏ returns portal or contacted the KOOKAÏ Concierge to authorise your return.

(b)  Returns to a KOOKAÏ boutique

 KOOKAÏ will gladly offer a refund, exchange or gift card if your item meets the following criteria:

(i)  the item is returned within 21 days of receipt purchase;

(ii)  the item has not been worn or damaged;

(iii)  the original tags and packaging (where applicable) are attached;

(iv)  the item is not a Final Sale item, or discounted by more than 20%;

(v)   the item is not jewellery or a gift card;

 unless otherwise entitled to a return under the Australian Consumer Law as detailed in clause 10.5; and

(vi)  you present proof of purchase.

If you wish to return a sale item discounted by more than 20% via a KOOKAÏ Boutique, we will gladly offer an exchange or returns card. Final sale items cannot be returned for change of mind.

Please note: Click & Collect Orders purchased with Klarna cannot be returned for a refund in store. All other refunds will be processed via the same payment method as the original payment. Where the original payment method is no longer available, we may issue a returns card or exchange.

10.4 Sleep and Lingerie Returns & Exchanges

Sleep and Lingerie purchased online can be returned to the E-Boutique or at one of the following KOOKAÏ Boutiques: Sydney Central, Castle Towers, Bondi, Macquarie, Warringah, Miranda, Chatswood Westfield, Narellan Town Centre, Kotara, Chapel St, Chadstone, Greville St, Highpoint, Doncaster, Brighton, Emporium, Eastland, Southland, Northland, Victoria Gardens, Pacific Fair, Robina, James St, Carindale, Chermside, Marion, Rundle Place, Karrinyup, Booragoon, Claremont, Joondalup and Carousel.

Lingerie bottoms and bodysuits cannot be returned or exchanged for change of mind. Your rights in accordance with the Australian Consumer Law, as set out at 10.5, continue to apply.

All other conditions of sale set out in 10.1 and 10.3 continue to apply.

10.5 Faulty or damaged items

In accordance with your rights under the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL):

(a) if an item has a major or serious problem, you are entitled to choose an exchange, repair, refund, or a gift card, provided you present proof of purchase.

(b) if an item has a minor problem, please contact the KOOKAÏ Concierge or return to a KOOKAÏ Boutique so we can assist to repair the item within a reasonable time. If the item is not able to be repaired in a reasonable time, you can choose an exchange, gift card or refund.

Refunds for faulty or damaged items will be processed via the same payment method as the original payment. Where the original payment method is no longer available, we may issue a gift card, exchange, or refund via alternative method (where possible).

10.5 Returning items

(a) To arrange a return to our E-Boutique, please visit https://www.kookai.com.au/pages/returns. A return label will be generated for the item(s) being sent back for a refund at a flat rate of $8. This amount will be deducted from the total refund amount when the return is processed. Return labels generated for exchanges and gift cards are complimentary.

(b) If you wish to return your items via via a carrier of your choice, please select ‘your own courier'. We recommend sending your return via trackable post as the goods are your responsibility until they reach E-boutique. KOOKAÏ will not be responsible for lost parcels. You will need to pay for any postage fees involved in posting the items you wish to return where you've changed your mind.

(d) KOOKAÏ will refund the postage costs for any item deemed faulty in accordance with clause 10.5, provided you authorise your return with the KOOKAÏ Concierge.

Gift Cards

11.1 All gift cards, including e-gift cards, are subject to the following terms.

(a) Gift cards can be redeemed for merchandise only via the E-Boutique and at any KOOKAÏ Boutique in Australia.

(b) Lost or stolen gift cards cannot be refunded or replaced.

(d) Any unused balance will remain on the gift card until expiry.

(e) Gift cards cannot be reloaded.

(f) Gift cards cannot be used to purchase other gift cards.

(g) Gift cards can only be used in the country and currency of issue.

(h) Gift cards purchased prior to 21 January 2020 cannot be redeemed online.

(i) We reserve the right to cancel any gift card for any reason and at any time. Where we cancel a gift card, we will provide you with a refund or replacement gift card, other than where cancellation occurred due to suspicions of fraud or illegal activity.

11.2 The following additional conditions apply to the purchase of e-gift cards:

(a) E-Gift cards will be delivered to the email address entered by you in the gift card 'Recipient Email' field, and will be delivered separately to the Confirmation Email.

(b) It is your responsibility to correctly enter the email address for receipt of the e-gift card. E-gift cards cannot be refunded or replaced where you enter the incorrect email address, or where you share or forward the e-gift card in error.

Access and communication

12.1 Subject to the consumer guarantees provided for in the ACL, KOOKAÏ does not warrant that you will have continuous access to the Website.

12.2 KOOKAÏ will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.

12.3 KOOKAÏ does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.

12.4 Whilst KOOKAÏ takes reasonable precautions to protect information transmitted via the Website, KOOKAÏ cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.

12.5 KOOKAÏ does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website, and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

Privacy

13.1 Any personal information submitted by you (whether personal information of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 12.2) to KOOKAÏ will be used for the purposes contemplated by these Terms and in accordance with our Privacy Policy, including but not limited to:

(a) processing your payments for purchasing any products;

(b) providing you with goods and services you have purchased; and

13.2 If you are submitting the personal information of any other person on the Website, including in the course of making any Order, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms and our Privacy Policy.

13.3 You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and Privacy Policy and consent to these requirements.

Disclaimer regarding Content

14.1 We have used our best endeavours to ensure all Content appearing on the Website is correct and up-to-date at the time of publication. KOOKAÏ does not represent or warrant the accuracy or completeness of the Content and is not responsible for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed may not constitute an accurate depiction of the true colour of the item.

14.2 Certain laws, including the Competition and Consumer Act 2010 (Cth), can imply warranties or conditions, or impose obligations on KOOKAÏ that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which KOOKAÏ is able to do so, our liability will be limited to the resupply of the Content.

Warranties, consumer guarantees and limitation of liability

15.1 Subject to clause 10, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.

15.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.

15.3 To the fullest extent permitted by law, the liability of KOOKAÏ for a breach of a non-excludable guarantee referred to in clause 15.2 is limited, at KOOKAÏ's option, to:

(a) in the case of goods supplied or offered by us, any one or more of the following:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; or

(b) in the case of services supplied or offered by us:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

15.4 KOOKAÏ, its directors, employees, agents, contractors and related entities will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website, or the goods and services advertised or referred to on the Website.

Third party sites

The Website may contain hyperlinks to sites operated by third parties, such as Facebook, Twitter, Instagram and YouTube. These linked sites are not controlled by KOOKAÏ, and we are therefore not responsible for the content of those sites. These third party websites may have their own terms and conditions and privacy policy. Links are provided solely for your own convenience and KOOKAÏ’s decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and services solely at your own risk. KOOKAÏ is not responsible for and will not be liable in respect of the content or operation of those websites, any of the goods, services or content that they describe or provide, or in respect of any incorrect link to an external website.

Intellectual Property

17.1 General

The Website is owned and operated by or on behalf of KOOKAÏ. The Content is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.

17.2 Copyright

All Content contained on the Website is protected by Australian and international copyright laws, unless indicated otherwise.

You may view the Website and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site or application for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by KOOKAÏ and then only according the conditions as stipulated by KOOKAÏ; and (b) include the copyright notice "© KOOKAÏ 2020" on the copy.

You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on the Website, except as allowed by this site or as agreed by KOOKAÏ in writing.

17.3 Trademark Notice

The Website contains registered trademarks that are, unless shown otherwise, either owned or licensed by KOOKAÏ and are protected under the laws of Australia and other countries. You must not use KOOKAÏ's trademarks, except: (a) by saving or printing out a copy of the Website as allowed under the copyright notice set out above; (b) as part of a legitimate reference to KOOKAÏ or a KOOKAÏ product or (c) with KOOKAÏ's prior written consent.

The use of any trademarks on the Website that are not owned or licensed by KOOKAÏ is not intended to indicate any association with, or endorsement by, the owner of that trademark.

17.4 Intellectual Property in Designs

The Website contains graphics and other visual representations of products protected by copyright and/or the Designs Act 2003 (Cth) and equivalent laws in other jurisdictions. KOOKAÏ takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws.

Making copies of products displayed on the Website whether electronic or otherwise, with the intent of reproducing them in whole or in part is strictly prohibited.

17.5 User Generated Content

By including #KOOKAI in images and content you post on social media or other online platforms, you consent to us reposting and sharing your content via our social channels including, but not limited to, Instagram, Facebook, Twitter, Snapchat and Pinterest.

Prohibited uses

You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:

(a) download (other than page caching) or modify the Website, or any portion of the Website;

(b) impersonate or falsely claim to represent a person or organisation;

(d) frame the Website without KOOKAÏ's express written permission;

(e) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or

(f) post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.

Indemnity

You will fully indemnify KOOKAÏ in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with breaching any of these Terms.

Termination of your access to the Website

KOOKAÏ may at any time immediately terminate your access (including restricting access) to the Website, any feature of the Website, for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

Applicable law and international use

By accessing the Website, you accept that any disputes about the Website, or the Content are to be determined by the courts having jurisdiction in the State of Victoria, Australia, according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.

As the Website can be accessed throughout Australia and overseas, KOOKAÏ does not represent that the Content complies with the laws of any country outside Australia or that any competition, offering or Content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.

You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

Contacting us

If you have questions about the Website, or these Terms, please contact us by clicking on the "Contact Us" button at the top of any page on the Website, and following the instructions from there.

Last updated: 20 June 2024

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