Terms And Conditions

1. Terms of Website Use

The Terms of Use

Kmart Australia Limited ("Kmart") owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content

Kmart owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Kmart. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Kmart or of the relevant trade mark owner.

Security

Kmart cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third Party Content

This website contains information from or hyperlinks to websites operated by third parties. Kmart provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.

Revisions

Kmart may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

Kmart provides this website and its contents on an "as is" basis, and to the extent permitted by law makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Again, to the extent permitted by law, Kmart will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

If your use of this website or its content is subject to the New Zealand Fair Trading Act 1986 ("FTA") and/or Consumer Guarantees Act 1993 ("CGA"), you may have rights or remedies which are not excluded or limited by the above. However, if you are using this website or its content for business purposes, are acquiring goods or services in trade through this website and are in trade yourself, then the above exclusions and limitations will still apply and you agree that the CGA will not apply. Similarly, if you are acquiring goods or services in trade through this website and you are in trade, then you agree to contract out of sections 9, 12A and 13 of the FTA.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Kmart’s Privacy Policy sets out our commitment to you on privacy, including our use of "cookies".

Governing Law

Kmart operates this website from its offices within Australia. To the extent permitted by law, the laws of the State of Victoria govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia. Nothing in this clause is intended to limit the application of the New Zealand Fair Trading Act 1986 and/or Consumer Guarantees Act 1993, to the extent that these statutes apply and have not been contracted out of as set out in the Liability clause above, or the ability of the New Zealand Courts to determine any disputes arising under these statutes.

2. Terms of Product Purchase

The Agreement

In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Kmart products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Kmart once Kmart accepts an order. Each accepted order is a separate agreement.

Customer Application

You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Kmart if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

Orders

You place an order with Kmart by selecting products and pressing the "purchase now" button on the checkout page. Kmart reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Kmart at the time of successful transmission of the order, and you will thereafter be unable to cancel the order to the extent permitted by law. Orders are deemed accepted by Kmart upon Kmart acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland Australia, Tasmania and New Zealand.

Product Availability

Kmart uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Kmart may need to reject an order you have placed for a product where Kmart establishes that it is actually unavailable for delivery. In such cases Kmart will refund in full all amounts you paid in respect of such unavailable product. Kmart cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.

Payment

You must pay for your products purchased on this website at the time of placing an order. We accept Paypal and all major credit cards including Mastercard, American Express, Diners Club and Visa. Products may also be purchased using Afterpay, subject to Afterpay’s terms www.afterpay.com/terms.

Variation of Products and Price

Kmart may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Kmart’s retail stores and those found on this website.

Delivery

Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Kmart’s Delivery Policy. The Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Kmart provides delivery. Orders will not be processed for delivery to an address in a suburb not in Kmart’s delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

Returns

Return claims (including for replacement products, refunds or credits) are detailed in Kmart’s Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.

3. Customer Product Review terms and conditions

These Terms of Use govern your conduct associated with the Product Review service (the "PR Service") offered by Kmart Australia. To the extent of any conflict between Kmart Australia's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the PR Service.

By submitting any content to Kmart Australia, you represent and warrant that:

you are the sole author and owner of the intellectual property rights thereto;
all "moral rights" that you may have in such content have been voluntarily waived by you;
all content that you post is accurate;
you are at least 18 years old;
use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Kmart Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Kmart Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Kmart Australia's sole discretion. Kmart Australia reserves the right to change, condense or delete any content on Kmart Australia's website that Kmart Australia deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Kmart Australia does not guarantee that you will have any recourse through Kmart Australia to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Kmart Australia reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Kmart Australia, are responsible for the contents of your submission.

None of the content that you submit shall be subject to any obligation of confidence on the part of Kmart Australia, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Kmart Australia and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.