Your use of this website constitutes your express acceptance to be bound by the below Terms and Condition. If you do not agree with these Terms and Conditions, please cease using the subject website.
"Company" means Kmate Pty Ltd acting as Trustee for Kmate Unit Trust, trading as:
Kahuna ABN: 36 512 820 728
"The Purchaser", “Buyer”, or ‘Customer’ means the person, firm or company ordering or buying goods from the Company or on their behalf or on behalf of their customers.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Company and Buyer expressly agree that until Company has been paid in full for the goods, full legal title remains with the Company. Notwithstanding the preceding condition all risk in respect of the goods shall be assumed by the Buyer upon delivery. Buyer or their customer shall examine the goods immediately the goods are delivered. Whilst the Company will use its best endeavours to deliver the goods in accordance with the Buyer’s requirements, the company will not be liable for any consequence of late delivery however caused, either with the original purchase and delivery of the item, or any subsequent delays in having the item repaired and returned, or issuing any refund.
Company will make its best endeavours to deliver the purchased products to the delivery address nominated by the Buyer, however there may be instances where the product may be required to be picked up from a depot specified by the courier company, which may be closest to the nominated delivery address.
The Company reserves the right to cancel orders and issue refunds of payment received where:
Where Goods are advertised to be 'On Presale' the Buyers acknowledge that they are entering into a contract of sale with an anticipated future dispatch date for the Goods they have purchased.
The dispatch date stated in the advertisement is an approximate date and we reserve the right to change this date at our discretion. If the date is changed to a date which is materially later than the previously advertised date, where possible, we will endeavor to inform the customers who had purchased this product with an earlier anticipated date of dispatch. In the event we are able to dispatch the Goods earlier than the date noted in our advertisements, we will do so without further notice to the customers.
By purchasing the Goods on presale Buyers accept all terms governing the use of this site and acknowledge that they have entered into a legally binding contract of sale and will not be granted a right to terminate the purchase.
At Kahuna we stand behind our products! That is why we offer a 30 Day Money Back Policy for select products.
Only the products which are explicitly advertised in their product listings as qualifying for a 30 day change of mind return, purchased at Kahuna.com.au (and not any other reseller or platform) are able to be returned for change of mind purposes under this policy. All returns are subject to the Kahuna Terms and Conditions.
You can contact us within 30 days of the date noted on your invoice and organise to return the Product and receive either a store credit or refund of the purchase price of Your Product (excluding initial delivery charges and less a delivery expense we incurred if the item was advertised as "free delivery", to be confirmed by Kahuna prior to the refund or store credit being processed).
Whilst change of mind returns are available for specific products, for all other products, change of mind returns are not permitted.
To qualify to return an item under this Policy, Products must be in original unopened and unmarked packaging, along with all included accessories and manuals, be in new pristine condition suitable for resale, and must not be damaged or used in any way by the customer during the time the item is in the customer's possession.
In order to organise a return under the 30 Day Money Back Return Policy You must notify Kahuna via email or phone within 30 days of the date noted on the invoice of Your Product and request a return under this Policy. You must comply with the directions of Kahuna’s staff in order for the return to be effected.
Our Returns Policy includes, and does not seek to exclude or limit, the rights you have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under the Australian Consumer Law.
This offer entitles new subscribers to receive a one time, $5 discount off their first order over $100 (excluding shipping costs). Voucher is valid for 3 calendar days To qualify as a new subscriber, the user must not:
By subscribing to our database, the subscriber accepts and acknowledges that their email address will be used for marketing purposes. A valid email address must be provided to qualify for this offer. Subscriber must receive the voucher code via email to qualify for this offer, and this voucher code must be used at checkout by the subscriber to redeem the $5 voucher. We can suspend, stop or prevent any user from using a voucher code at our full discretion. We can cancel this promotion at any time at our full discretion, without any further notice. This offer cannot be used in conjunction with any other offer.
We do not offer change of mind returns on any of the products offered for sale on our site. Please review diligently all the information tabled in the product advertisement to ensure that the product is suitable for your needs prior to committing to purchasing the product.
The Company guarantees to the Buyer that the goods will be free from defects caused by faulty materials or poor workmanship for a reasonable period of time based on the product's value and intended purpose (i.e, generally no longer than 12 months from the date of purchase for domestic use, unless it is reasonably expected to be a longer period of time) and for a period no longer than 90 calendar days from the date of purchase for commercial use unless otherwise stated in the listing or advertisement at the time of purchase. This warranty does not cover minor accessories or attachments or consumable parts, including but not limited to, chainsaw chains, pull starts, cutting blades or discs, instrument strings, product bags and cases, and carry straps etc. Examination by The Company of such goods (or photos of the faulty goods if requested) shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, other incorrect or lack of proper maintenance, opening cartons with blades, or by repair or alteration not affected by the company. Further item specific failures for products such as fuel powered products, trampolines, outdoor structures (gazebos, tents, and umbrellas), bedding, and pool covers are detailed later in this document.
This provision is an extension of the regular warranty condition for ‘Product Failure’ as described above and covers items damaged in transit, missing parts, partial delivery, or items having existing defects on delivery.
The company reserves the right to cancel, vary or suspend the operation or contract of sales if events occur which are in the nature of force majeure including (and without prejudice to the generality of the foregoing) fire, floods, storm, technical failure, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the company and the the company shall not be held liable for any breach of contract resulting from such event.
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au.
The Company will not cover specific warranty claims on products including, but not limited to, the following (unless required under the Australian Consumer Law):
By adding your email address to the subscription email field in our Subscription Email and/or Triggered Email marketing tools, you acknowledge and agree to have your email address added to our email database for marketing purposes. You can opt-out from our email database at any time by using the unsubscribe links in the marketing emails you receive, or by contacting us via email or phone.You can opt-out from our phone database at any time by using the unsubscribe function in the SMS/MMS marketing communication you have received.
The company takes all care to ensure products, features, and prices of current stock displayed are correct at all times. The company reserves the right to cancel and refund any purchase in full prior to dispatch for any reason including, but not limited to, errors in product description, advertised product price, or quoted shipping costs. In such cases the transaction may be cancelled and the full price paid will be refunded. Any such errors are unintentional.
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability.
We make every effort to ensure the accuracy of the information published in our catalogs, flyers, advertisements and on our Website(s). However, the documents and graphics published may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented. All such documents and graphics are provided "as is" without warranty of any kind.
1. Definitions
For this Promotion, the following terms have the following meanings:
AEDT - Australian Eastern Daylight Time.
Immediate Family - Any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin
Promoter - Kmate Pty Ltd trading as Klika (ABN 36 512 820 728) of 41-45 Mills Road, Braeside, Victoria 3195
Promotion - "Kahuna Photo/Video Competition - January 2022 "
Promotion Period – 12.00pm AEDT on 31st January 2022 – 12.00pm AEDT on 13th February 2022.
2. Eligibility
Australian residents aged 18 years or over are eligible to enter this Promotion. Employees of the Promoter (or any related entity of the Promoter) and their Immediate Family are not eligible to enter this Promotion. Persons under the age of 18 may enter only with the consent of their parent or legal guardian. If such consent is not given, their entry will be deemed invalid, and any prize forfeited for a redraw.
3. Entry
By entering this Promotion, the entrant accepts these terms and conditions.
The number of entries a person may submit is not limited provided each entry is different.
To enter, entrants must during the Promotion Period:
Post a photo or video depicting a Kahuna trampoline in the possession of the entrant on Facebook or Instagram with the hashtag #kahunaplay
Promoter retains the right to remove entries it deems to be inappropriate or offensive without any notice to the entrant.
This competition is being conducted on Facebook and Instagram with their own technical requirements, terms and conditions and fair usage policies. The Promoter accepts no responsibility if an entrant fails to follow the applicable requirements.
By entering the competition, each entrant releases Facebook and Instagram from all liability in relation to the competition and acknowledges that this competition is in no way sponsored, endorsed or administered by, or associated with Facebook and Instagram and that any information provided by entrants is provided to the Promoter and not to Facebook or Instagram.
By entering the competition, each entrant acknowledges that their name and entry content may be used for printing, broadcast, publicity, promotional and marketing purposes, including but not limited to the Promoter’s websites and social media accounts without compensation. It is a condition of accepting the prize, and as consideration for that prize, that each prize winner assigns all right, title and interest in their entry and any photo and/or written description of the prize being taken to the Promoter to enable the use of it by the Promoter, including for commercial purposes and they agree not to object to any such use on the basis of any moral right. A prize winner will, if required by the Promoter, complete any documentation necessary to give effect to this assignment of right, title and interest.
4. Prizes
There will be one (1) prize and one (1) winner.
The prize will consist of a single unit of a voucher to shop on klika.com.au to the value of $250.00.
Voucher is to be used in a single transaction and will expire 12 months from the date of issue.
Prize is not transferable and cannot be exchanged for cash..
5. Draw
This competition is a game of skill and chance plays no part in determining the winners. All valid entries received during the Promotion Period will be judged on their merit and the entrant who submitted the entry judged to be the most inventive and creative received will win the prizes.
The winner of the prize will be judged by the Promoter by 5PM AEDT 11th February 2022. This will take place in the Promoter's office in Braeside, Victoria or at another location deemed appropriate by the Promoter.
6. Winners
Winner of the prize will be announced on the Promoter’s Facebook and Instagram social media accounts and/or website (www.klika.com.au) at 5PM AEDT on 12th February 2022.
Winner will be notified within 48 hours of judging being finalised via their social media, email address or phone number, used to enter the Promotion.
The winner of the prize must sign any release form that may be required by the Promoter.
The prize must be claimed by the winner within 14 days of the Promoter announcing the competition results. In the event that a winner fails to claim their prize by responding to the Promoter’s announcement and/or contact,, the prize will be forfeited and the eligible entrant who submitted the entry judged to be the next best received in the Promotion Period will be offered the prize.
If a prize is forfeited, a new winner will be announced within 48 hours of the prize forfeit, and contacted via their social media account, email address or phone number used to enter the Promotion.
7. Promoter's Rights
The Promoter may verify the validity of entries and entrants (including an entrant's identity, age and place of residence).
The Promoter may disqualify an entrant who submits an entry that is not in accordance with these terms and conditions, who tampers with the entry process or who uses automated entry software or other mechanical or electronic means that allows a person to automatically enter repeatedly. The Promoter may either disqualify an entrant or modify, suspend, terminate or cancel this Promotion if this Promotion is interfered with or this Promotion is not capable of being conducted as reasonably expected due to a reason beyond the control of the Promoter, including technical difficulties, unauthorised intervention or fraud, subject to any written directions from a regulatory authority.
If for any reason this competition is not capable of running as planned, whether caused by infection by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the competition, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the competition.
8. Promoter’s liability
The Promoter is not liable for any loss, expense, damage or liability that may be suffered or incurred by a person in entering this Promotion or accepting and using the prizes.
If the Promoter is liable, the Promoter’s liability is limited to either resupply of the goods or services. This section does not alter a person’s rights under the Australian Consumer Law,