Terms of Use

Welcome to our website where you can explore and shop our products and find out more about us.

The Kanguru group of websites (Websites) are owned and operated by Red Kangaroo Beverages Pty Ltd (A.C.N.  601 149 035) (RKB).  Access to, and use of the Websites is subject to the following terms and conditions (Website Terms).

Please take the time to read these Website Terms. By accessing and using the Websites, you are agreeing to these Website Terms, as may be updated by us from time to time.

If you have any questions, comments or concerns about the Websites, please do not hesitate to contact us at askmore@kanguru.com.au.We stand by our products and service and we are here to help.

If you purchase Products through our Website, there will be additional terms and conditions relating to the purchase (Online Purchase Terms).  Please make sure you agree with the Online Purchase Terms, which you will be directed to read prior to making your purchase.

Definitions

In these Website Terms, the expressions “we”, “us” and “our” are a reference to RKB and its subsidiaries, affiliates, employees, agents or assigns.

Products means any Kanguru beverage products or merchandise.

Services means any content on the Website and our online store.

Websites means and includes each of the following websites: Kanguru.com.au & KanguruSub20Challenge.com.au and these Website Terms apply to your use of any of the Websites.

Amendments

RKB may amend these Website Terms from time to time, without notice to you.  Amendments will be effective immediately upon posting on the Websites.  Your continued use of the Website will represent an agreement by you to be bound by the Website Terms as amended.   You should review these Website Terms to keep yourself updated of any amendments.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on the Websites is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on the Website should not take the place of professional advice.

Use

You agree that you will use the Websites in accordance with all applicable local, state, national and international laws, rules, and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Websites for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene, or in any other inappropriate way (as determined by us, acting reasonably).

If you contribute to our forum (if any) or make any public comments on the Websites which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate (as determined by us, acting reasonably), then we may at our discretion, refuse to publish such comments and/or remove them from the Websites.

Competitions and Special Offers

RKB may offer competitions, promotions, and special offers of its Products and Services from time to time, which may be subject to individual terms and conditions at the time of entry and release.

Employees of RKB and its related bodies corporate, including immediate family members, cannot enter any RKB competitions.

Gift Cards and Vouchers

We offer Kanguru gift cards and vouchers for purchase in any amount.  Gift cards and vouchers can be used at our online store.

Our gift cards and vouchers can be redeemed over multiple purchases and are valid for 3 years (1,096 days) from the date of purchase.

Gift cards and vouchers are not redeemable for cash.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it, and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the site’s functionality.

We use cookies for a variety of reasons detailed below. Unfortunately, in most cases, there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore it is recommended that you do not disable cookies.

If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterward to remember your site preferences when logged out.

We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribe/unsubscribed users.

This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.

When you submit data through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

In order to provide you with a great experience on this site, we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a page that is affected by your preferences.

In some special cases, we also use cookies provided by trusted third parties. The following section details which third-party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

The Google AdSense service we use to serve to advertise uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.

We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including Facebook, Instagram, Google, LinkedIn, Pinterest, and Taboola, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

Intellectual property and copyright

All intellectual property rights and any other legal rights, in all software and content on the Websites, such as copyright, logos, brands, trademarks, names, videos, graphics, photographs, file code, website text, news, tutorials, reviews, forum posts and databases site get up and layout, is owned and remains the property of RKB or its, affiliates, partners and licensors and is protected by Australian and international laws and treaties.

You may store, print and display the content supplied solely for your own personal use, but your use of the Websites grants no rights to you in RKB’s or its, affiliates, partners and licensors intellectual property or any other rights relating to the content of the Websites.

You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content in part or in whole or copies of the content supplied to you or which appears on the Websites nor may you use any such content in connection with any business or commercial enterprise.

If you are unsure about the use of any content on the Websites, or you want to use anything on the Websites for any purpose other than for personal use as described above, you must contact us and obtain our written consent.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:  askmore@kanguru.com.au.  We may require you to sign a Licence Agreement.

Trademarks

The trademarks and logos contained on this website are trademarks of RKB.  Use of these trademarks is strictly prohibited except with our express, written consent.

Links to external websites

The Websites may contain links that direct you to other third-party websites, which are not operated by RKB.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, its contents, or any associated website, product, or service.

We have no control over these websites, and as a result of this, RKB accepts no liability for loss or damage arising out of or in connection to your use of these sites.  Your use of these third-party sites will be subject to their own website terms and conditions.

You may link to our articles or home page.  However, you should not provide a link that suggests any association, approval, or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We have taken great care to ensure the information on the Website is as correct and accurate as possible.  The information on the Website is also updated regularly.

However, the material and content displayed on the Websites are provided without any guarantees, conditions, or warranties as to its accuracy, as far as they are not excluded by consumer guarantees and other consumer protection provisions available to you, and that are contained in the Australian Consumer Law.

Statements made on the Websites are by way of general comment only and you should satisfy yourself as to their accuracy.

To the extent permitted by law, RKB disclaims all liability in connection with any loss or damage, arising out of or in connection with use of access of the Websites and the Products or Services, and you accept RKB will not be liable or responsible for any loss or damage suffered by you.

We are not liable for any consequential loss or damage, economic loss, financial loss or other indirect loss whatsoever, incurred as a result of or relating to the use of the Websites or our Products or Services.

Indemnity

You agree to indemnify us and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of the Websites or the Products and Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Cybersecurity

We take cybersecurity seriously.  We apply a range of security controls to protect the Websites from unauthorised access.  However, you should be aware that the world wide web is an unsecured public network that gives rise to a potential risk that a user’s transactions are being viewed, intercepted, or modified by third parties or that files which you download may contain computer viruses, disabling codes, worms or other devices or defects.

RKB accepts no liability for any interference with or damage to your computer system, software, or data occurring in connection with or relating to the Websites or their use.  You are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage your computer system, software, or data.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Websites and our Services, is governed by our Privacy Policy.  By using the Websites and the Services, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of the website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia, and where applicable Commonwealth laws in the Federal Court of Australia (Brisbane  Registry).  By using the Websites you submit to the jurisdiction of those courts.

If any part of these Website Terms is unenforceable, it will be severed without affecting the validity and enforceability of any other part of these Website Terms.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country or jurisdiction.

Subscriptions

Subscriptions is available for all beverage Products and are charged automatically upon renewal of your subscription period.  You are free to cancel your subscription at any time by visiting https://shop.kanguru.com.au/_myacct or contacting us via askmore@kanguru.com.au

ONLINE PURCHASE TERMS

By placing an order through our Website at kanguru.com.au/shop (Website Shop), you accept these terms and conditions (Online Purchase Terms).

Our Purchase Terms should be read in conjunction with our Website Terms [#Insert hyperlink], and any other terms and conditions and policies available on our Website.

In these Online Purchase Terms the expressions “we”, “us” and “our” are a reference to Red Kangaroo Beverages Pty Ltd (A.C.N. 601 149 035) (RKB).

Similarly, any reference to Products is a reference to any beverage products or merchandise that is manufactured or sold by us.

Subscription and setting up an RKB Account

For you to make purchases on our Website Shop, you will be required to register with us and set up an RKB account (RKB Account).  To register an RKB Account, you must provide an email account.  Once you have registered for an RKB Account you will be able to update your account details by providing your name, password, billing address, shipping address, and any other information that may be reasonably requested.

Your RKB Account will also provide you with access to your orders, gift card balances as well as other features.

Our contract

Items in your cart are not reserved until you have submitted your order.

When you place an order via our Website Shop, you will receive an acknowledgment email from us confirming receipt of your order.  This email is only acknowledging that we are in receipt of your order and will not constitute acceptance of your order by us.

We will send you confirmation by email that the Products which you ordered have been dispatched to you, the contract will be formed on the sending of that email, subject to the availability of the Products.

Only those Products listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

We reserve the right to not accept or cancel your order in circumstances that we are not able to fulfill the order due to the Product being unavailable or for any reason that would be in breach of these terms.

Pricing and availability

Whilst we try and ensure that all details, descriptions, and prices which appear on the Website Shop are accurate, errors may occur. If we discover an error in the price of any Products which we have advertised, we will correct the error as soon as possible.

Unless otherwise stated, all prices on the Website Shop are in Australian Dollars (AUD) and are inclusive GST. Prices are subject to change.

Products may be subject to limitations on the number available for purchase per customer.

Payment

When you place an order via our Website Shop, you will be required to provide billing and shipping details (name, address, phone, email).  You must pay for your Products at the time of the order, and you will be required to provide payment details as applicable for your preferred payment method.

RKB offers payment methods via Paypal, Credit Card (via Stripe), and AfterPay. Payment by Paypal and Credit Card will be subject to Paypal and your Credit Card provider’s own terms and conditions and you should refer to their websites for details.

We use Stripe as our credit card processor.

You are responsible for providing accurate, true and up-to-date billing, shipping, and payment details.

On receipt of your order, we will carry out standard authorisation checks on your preferred payment method to ensure there are sufficient funds to fulfill the transaction.  For credit card payments, your card will be debited upon authorisation being received.

Delivery within Australia

We offer Standard Shipping and Express Shipping on all orders in Australia, as well as offering you the option to select Express Shipping at your own cost.  Standard and express deliveries are sent by Australia Post], and you will receive an email with your tracking details sent.

Orders will be dispatched within 1 business day of order and payment processing, weekends and public holidays excluded.

Your order will be packaged securely to assist with the safe transit of your products and to prevent damage.

We offer the opportunity to provide delivery instructions and to have Products left at the point of delivery.  All efforts will be made to ensure these instructions are followed, but you take this option at your own risk, and RKB is not responsible for any loss or theft of Products or the actions of third-party providers.

We will take all reasonable steps to assist with delivering your Products in a timely manner, and we will use all reasonable endeavors to deliver by any requested or agreed date, however, we cannot, and do not guarantee delivery dates.

We will not be liable for any loss or damage incurred by any person as a result of a delay caused by third-party carriers, and that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

Delivery times are provided as a guideline only and subject to change.

Delivery times may be impacted, by peak periods, weather, pandemic, public holidays and unforeseen or unavoidable events that are beyond RKB’s reasonable control.

Receipt, Lost or Damaged Products

You must inspect the Products immediately upon their arrival and if the Products are not as ordered, have been damaged in transit or contain any defects or faults, you must notify us within 3 business days of receipt of the Products.  This is so that we can review the position and arrange for any return, credit or exchange as is appropriate and necessary in the circumstances.

RKB accepts that on some rare occasions, a Product may become damaged in transit. Should a Product arrive with such issues (due to no fault by you), we are happy to replace or provide a credit note for the amount of the purchase.

If the Products you ordered are not delivered, please contact us a soon as possible.

Refund policy

Please choose carefully when purchasing our Products.   We do not normally give refunds if you change your mind or make the wrong decision.

If any Product does not meet the Consumer Guarantees provided by the Australian Consumer Law, you have the right to ask for a replacement or supply of equivalent Products, or refund.

Overall, if you are unhappy with a Product for any reasons, please contact us and we will be happy to discuss this with you.

Cancellation

You cannot change or cancel an order after it has been placed.   Please check your order is correct and accurate before submitting it.

If you wish to change or cancel your order, you will need to contact us as soon as possible.   If the circumstances permit, we may agree to a change or cancellation of your order in writing after it has been placed, subject to:

  • proof of purchase being provided to us;
  • the ordered Products being in their original condition and packaging; and
  • you paying our reasonable costs of processing the change or cancellation.

Limitation on claims

We are not liable for a failure to perform or delay in performing, this contract as a consequence of a force majeure event. “Force majeure event” means an event outside our reasonable control, including without limitation, floods, fire, pandemic including Covid-19 or other severe acute respiratory syndrome or virus, epidemic, storms, or acts of God, or any human causes such as strike, lockout, or other industrial action, as well as action or inaction by a government agency including pandemic-related lockdown – and without fault or negligence by RKB.

We do not accept liability to you to the extent that a defect in the Products is attributable to any act or omission on your part, including a breach by you of these Online Purchase Terms.

Our liability for failure to comply with a Consumer Guarantee is limited to replacement of Products or equivalent Products, or the payment of the cost of the replacement Products.  These Online Purchase Terms do not attempt to exclude or limit liability that is available to your and arising under the Australian Consumer Law.

Notwithstanding anything else in these terms and to the maximum extent permitted by law:

  • RKB’s maximum liability to you, for any loss or damage sustained arising from or in connection with or attributable to RKB’s negligence or breach of these Online Purchase Terms, or for any other liability of RKB in connection with the supply of Products, is limited to the refund of the purchase price paid by you for the Products ordered; and
  • RKB is not liable to you for any financial, economic or consequential loss whatsoever arising from or in connection with or attributable to a breach of these Online Purchase Terms or the negligence of RKB.

Warranties

RKB warrants the Products will be of acceptable quality and that the Products will be offered for sale in accordance with the Consumer Guarantees provided by the Australian Consumer Law.

Except as otherwise stated, and to the extent permitted or required by law we give no warranties or representations or guarantees regarding the Products.

Indemnity

You indemnify us from and against any loss, expenses, claims, damage or liability incurred by us, whether directly or indirectly, in connection with a breach by you of these Online Purchase Terms.

Intellectual property

The specifications, design, and get-up of the Products and any accompanying materials (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) remain the property of RKB.

Title and risk

Title in the Products does not pass to you until full payment has been received.

Risk of loss or damage to the Products passes to you upon dispatch.

Waiver or Amendment

Any waiver or amendment of these Online Purchase Terms will be effective only if in writing and signed by us.  Without limiting the foregoing, if you breach these Online Purchase Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Online Purchase Terms.

General

These Online Purchase Terms constitute the entire agreement between you and us for the purchase of Products via our Website Shop. These Online Purchase Terms should be read in conjunction with our Privacy Policy and our Website Terms of Use.

These terms and conditions are governed by the laws in force in Queensland in the Queensland State Courts, and where applicable Commonwealth laws in the Federal Court of Australia (Brisbane Registry). By using this Website Shop you submit to the jurisdiction of those courts.

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