TERMS & CONDITIONS - KOALA HILL AUSTRALIA


Welcome to the Koala Hill Australia Website (the "Site").

Koala Hill Australia, Australian Business Number: 76 614 737 969 (“Koala Hill Australia Pty Ltd”) provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

1. Privacy

Please review our Privacy Policy so that you may understand our privacy practices.

2. Products and Services for Personal Use

The products and services described on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

3. Purchase Related Policies and Procedures

Our policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges) are published further down this page.

4. Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

5. Intellectual Property

All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Koala Hill Australia, our affiliates, partners or licensors, and is protected by Australian and international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

6. Limited Licenses

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorised use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

7. Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Koala Hill Australia, our affiliates, partners or licensors.

8. Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

9. Special Features, Functionality and Events

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

10. Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise are entitled to grant the rights to your Submission without infringement or contravention of the rights of any third party. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

11. User Content

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10 above. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise wrongfully discriminatory or objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.

We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

12. Copyright Complaints

We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to info@koala-hill.com.au. For notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorised to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address.

13. Representations and Warranties; Limitation of Liability

THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

CERTAIN LEGISLATION, INCLUDING THE TRADE PRACTICES ACT 1974 (CTH), MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON Koala Hill Australia WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS OF SERVICE MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH Koala Hill Australia IS ABLE TO DO SO, ITS LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT ITS OPTION, in the case of services TO (A) THE SUPPLYING OF THE SERVICES AGAIN OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN and, in the case of goods to (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.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR LOSS OF PROFITS, Revenue OR interest RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

14. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

15. Disputes

Your use of this Site shall be governed by the laws of New South Wales and the parties hereto submit to the non-exclusive jurisdiction of the courts of New South Wales.

16. Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at info@koala-hill.com.au and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy, which is published further down this page.

17. General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions. If you violate these Terms and Conditions, we may terminate any or all of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please email us at info@koala-hill.com.au.

Copyright © Koala Hill Australia Pty Ltd. All worldwide rights reserved.


Competition Terms - KOALA HILL AUSTRALIA

The fine print

All mass entries or reproductions are disqualified. Koala Hill Australia is not responsible for lost, late, mutilated, illegible or incomplete entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorised access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by the Service Provider on account of technical problems or traffic congestion on the Internet or at the Service Providers website or any combination thereof. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the holder of the e-mail account. All entries are the property of Koala Hill Australia. Koala Hill Australia reserves the right to disqualify any entrant who violates the rules or tampers with the promotion or the web site. Koala Hill Australia reserves the right to modify, suspend or terminate the entire promotion at any time. If promotion is terminated for any reason, notice will be promptly posted on our website: www.koala-hill.com.au

Eligibility

The COMPETITION is open to any living persons, located in Australia, mainland China and Hong Kong who are 18 years of age or older at the time of entry. Employees of Koala Hill Australia, and their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies and the immediate families of each are not eligible to enter. Proof of identity will be required prior to delivery of prize. A photo copy of relevant government issued identification card including Driver's Licence or Passport displaying Winners name and address may be required via email for verification.

Drawing

Potential prize winner will be selected at random by Koala Hill management, whose decisions are final and binding in all respects relating to this COMPETITION. Odds of winning depend upon the number of eligible entries received. The Prize winner will be notified via email.

If for any reason we do not receive a response from the Prize Winner within 48 hours of attempted notification via email or phone, the Prize will be forfeited and an alternate winner will be drawn from all remaining eligible entries. 

Prize

Koala Hill Australia COMPETITION prizes cannot be (1) Replaced if lost or stolen; (2) Substituted or transferred. The prize will be delivered to the winner in Australia, mainland China or Hong Kong (included in Prize) Note, the winner is advised to follow all of care instructions and directions regarding correct use of the products.

Conditions of participation

Email entrants will automatically be added to the Koala Hill Australia electronic data base and will by entering thus agree to receive electronic communications (E-Mail Newsletters) from Koala Hill Australia. You can unsubscribe at any time. By entering or accepting a prize in this COMPETITION, winner agrees to be bound by these Official Rules and to comply with all federal and state laws and regulations. There are no prize substitutions, transfers or cash equivalents permitted. Entry into this COMPETITION constitutes permission to use winner’s name and address (city and country only – see above) for advertising and publicity purposes for this or similar promotions without further compensation. By accepting the Prize, the winner agrees to release and hold harmless Koala Hill Australia and their respective parent companies, affiliates, subsidiaries, directors, officers, lawyers, employees and agents from any and all damage, injury, death, loss, misfortune or other liability of any kind that may arise from or in connection with his or her acceptance of the prize, possession or use of the prize, or his or her participation in this COMPETITION or from any misuse or malfunction of any prize awarded.

Who won

Following the drawing, Prize winner’s name(s) will be posted on the Koala Hill Australia website and social media channels and also included in the earliest possible email newsletter. Proof of identity will be required prior to delivery of prize. A photo copy of relevant government issued photo identification displaying Winners name and address may need to be provided before the Prize is shipped. Prize winner grants permission to have their name and address (city and contry only)* used for Koala Hill Australia and their Advertiser’s advertising and promotional purposes without additional compensation. *For example: Cindy, Chengdu, China. 

Marketing disclosures

Competition entrants will automatically be enrolled to receive the Koala Hill Australia e-mail newsletter, new product information and more. Your entry constitutes your acceptance to be included on our e-mail newsletter data base and online promotions. This subscription is at no cost and you can unsubscribe at any time by sending us an e-mail with the subject line PLEASE UNSUBSCRIBE ME.

Koala Hill Australia will not sell, rent or give your details to any other party. Our goal is to foster good will between us, our present customers and those in the future.