Terms of Use

Welcome to the website www.kongs.com.au (the website). The website is owned and operated by Kong’s (Aust.) Pty Limited, A.C.N. 050 291 766 (“we”, “us”, “our”, website owner).

1. Acceptance of terms of use

Each time you use or access the website you agree to be bound by these terms of use. Where you use the website, or any service provided in the website, or as accessed via the website, you will be subject to terms and conditions applicable to that service either on its own or in addition to these terms of use, as referenced.

Please ensure you check back regularly to view our most current terms of use and any other term and condition in the website.
Where you require further information, in regard to the website, please refer to the contact us page on the website or email: info@kongs.com.au.

2. Your Privacy

Your Privacy is important to us, so please take time to review our Privacy Statement.

3. Access to the website, intellectual property rights and infringement

The website and its contents may be accessed for informational use only, other than where, for example, an invitation to use contents or services in the website is expressly stated, or where, for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968 in Australia and international copyright and database right laws. The website and its contents is not permitted to be used for commercial purposes, business or commercial gain and you must not extract and / or re-utilise, in full or in part, any of the contents in the website, unless you seek and receive express written consent from us via the application form – Authorisation for website hyperlink and/or use of material content.

All content in the website, including but not limited to, software, design, layout, audio clips, digital downloads, data compilations, graphics, images (including photographs), logos, button icons, trademarks and registered trademarks, and text is the property of Kong’s (Aust.) Pty Limited and we reserve all rights in such as may be protected under copyright or trademark legislation in Australia and/or internationally.
Aquamanta, K’S Kong’s and One Rewards are trademarks or registered trademarks of Kong’s (Aust.) Pty Limited in Australia and / or its associated companies in the United Kingdom, New Zealand and Hong Kong.

Where other trademarks used on the website are not owned by us, they are the property of the respective owner.

To the maximum extent permitted by law, we make no warranties, express or implied, in relation to the website and its contents including, without limitation, any warranties relating to infringement of intellectual property rights of a third party.

We do however, respect the intellectual property rights of others and therefore request that you notify us immediately where you believe that your work has been copied in a way that constitutes copyright infringement or where use of your trademark infringes your rights.

4. Your conduct and responsibilities

In order to use all or any part in the website, you may be required to register for a user account.
When you use or access the website you agree that:

a) you will not provide content or conduct yourself in a way that may lend cause to, or be construed as: to cause interference or disruption in the website or to other users in the website or other services provided in the website; unlawful; illegal; harmful; threatening; fraudulent; false; misleading; defamatory; obscene or indecent; to impair, or infect with, or cause to delete, all or any part in the website with a virus or other operation or program; to diminish or otherwise damage any goodwill and / or reputation in the website, its content or our business activities in general; violation of any relevant law.

b) any information you provide to us is accurate and a true representation in itself or of you and you will not lend cause to forge, conceal or misrepresent your association with any person or entity or the origin of any content provided by you.

c) where a minimum age is required, to participate in any service offered in the website, you warrant to us that you are at least the age required.

5. Website availability and amendment

In order to provide an informative, up to date and interesting website for your viewing, from time to time we may need to suspend access to all or part of the website to allow for repairs, maintenance, the introduction of new facilities or services, to delete or update information in the website and we reserve the right to make any amendment to the website including any term or condition in it.

Due to the unreliability of the internet, and whilst all reasonable steps will be made to ensure we provide availability to the website in a secure, fault and virus free environment, we cannot guarantee availability, security, fault or virus free experiences to the website, including the internet, and any hardware and software systems you use to access the website, or any information passing through these systems. All care is taken to ensure the accuracy of information in the website, however from time to time error or omission may occur and we reserve the right to make amendment. The website is provided to you as an “as is” and “as available” basis and we will endeavour, wherever reasonably possible, to limit the frequency and duration of such occurrences.

6. Third party website

Where the website provides links to other websites that are not in our control, we shall not be responsible, in any way, for such websites, including your reliance on same, and any such link to another website does not imply endorsement of all, or any, of the content in such website. Your access and use is governed by the terms and conditions of that third party website.

7. General information and goods warranty

The website may contain general information on our products and services, and any such reference is not an offer to sell goods or services at, by, or through, the website and does not imply or warrant availability of products or services at anytime, or in any particular country.
Any pricing displayed is R.R.P. and inclusive of, for example, GST in Australia, or other applicable goods and service tax as so stated for the applicable country and goods and services so specified, unless otherwise stated.

Our goods are primarily sold to our distributors, and / or their or our, agents who promote and provide customer service to you as the purchaser of such products. Please ensure you read the warranty conditions for any item purchased which are subject also, to local statutory rights and conditions.

To the full extent permissible in law, we do not warrant goods purchased online via an auction website, for example Ebay, or other offline auction facility.

8. Indemnity and Liability

You agree that any use of and / or reliance of, information in, the website and its links, is at your own risk. The website owner makes no representations in the website and will not take responsibility for the consequences, delays or failures in the website including to its contents accuracy or suitability or in same, any links provided in the website, including advertisements or third party information, except as stated and the website owner excludes all:

To the maximum extent permitted by law, in no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of, reliance, or use of the website or its content or services or another hyperlinked website or with the delay or inability to access, display or use the website or its content or services whether based on negligence, contract, tort, strict liability, or otherwise, and even where we have been advised of the possibility of such damages or due to events beyond our control, including without limitation acts of God, fire, flood, accident or terrorism.

Where statutory rights prohibits any term or liability to be excluded and where we are found liable for any loss or damage arising out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law, our liability will not exceed to more than a) the resupply or b) the cost to resupply information or services in the website.

The limitations specified herein will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of us.

You must indemnify us, and keep us indemnified, against all actions, proceedings, losses, liabilities, claims, demands, costs and expenses (including reasonable legal expenses):

1. suffered or incurred by a third party in relation to any actual or threatened claim amounting from any breach of the terms of use by you and any or your agents, employees or contractors; and

2. other wise arising from a breach by you or other third party, including any negligent or willful act or omission.

9. Other information

If any part of the terms of use is deemed invalid or unenforceable, for whatever reason, then that part shall be struck out and will not affect the continued operation of the remaining provisions. Any failure to assert any right or remedy under these terms of use, will not be construed as a waiver of those rights or remedies and as such will remain in force and effect.

The terms of use is governed by and shall be construed in accordance with the laws of the state of New South Wales, Australia and the parties submit to the jurisdiction of the courts of that state and country.