Terms

The website https://koalacool.net and the associated applications (“Site”) is owned and operated by Whistler Leisure Pty Ltd (ABN 83 168 615 414) (t/as and referred as Koala Cool, “we”, “our”, “us” or the “Company”). These Terms and Conditions together with the documents referred to within the Terms and Conditions govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product, you agree to be legally bound by these Terms and Conditions.

1. ACCESS AND USE OF THE SITE

1.1 You must only use the Site in accordance with these Terms and Conditions and any applicable law. 1.2 You must not (or attempt to): (a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site; (b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or (c) interfere (or attempt to interfere) with security-related or other features of the Site. 1.3 To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must: (a) give us accurate and current personal information including your name, address, and a valid email address. (b) you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us. 1.4 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities. 1.5 You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password). 1.6 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site. 1.7 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to (a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or (b) in a way that is illegal or unfair.

2. INFORMATION ON THIS SITE

2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Koala Cool. 2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including images, audio and video excerpts, except as permitted by statute or with our prior written consent. 2.3 Information about goods on the Site may be based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties. 2.4 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.

3. ORDER AND FORMATION OF CONTRACT

3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it. 3.2 Once you select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, including any unless otherwise stated all charges are in Australian Dollars. 3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time. 3.4 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer service immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions. 3.5 When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to: (a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order); (b) we suspect that you might on sell our Products to other consumers. 3.6 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

4. DELIVERY

4.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates. 4.2 We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. 4.3 You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk, or as per your instructions – of the delivery address without obtaining a signature confirming delivery at the delivery location. In these circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery. 4.4 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or (b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above). 4.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address. 4.6 Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product. 4.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

5. CANCELLATION

5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product. 5.2 If you wish to cancel your order, please contact our Customer Service Team via https://koalacool.net/contact. No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the Returns Policy.

6. RETURNS

See our Returns Policy at https://koalacool.net/shipping-returns for more information.

7. VOUCHERS, GIFT CARDS AND STORE CREDIT

7.1 You may use vouchers or gift cards as payment for certain Products on the Site. We may email vouchers and electronic gift cards to you. We accept no Liability for errors in the email address provided to us. We assume no Liability for the loss, theft or illegibility of vouchers. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of vouchers or gift cards on the Site, we are entitled to close your Account and/or require a different means of payment. 7.2 Conditions for the redemption of vouchers (a) From time to time we may release vouchers that may be used on the Site. Vouchers can only be redeemed on the Site in accordance with the special terms and conditions stated on them. (b) Vouchers are valid for the specified period stated on them only. Certain Products may be excluded from voucher promotions. (c) Vouchers cannot be redeemed for cash. If you place an Order for a Product less than the value of a voucher, no refund or residual credit will be returned to you. If the credit of a voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer). Please note that only one voucher can be used per Order. (d) Vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple Products are purchased using a voucher, and one or more Products are returned, the discount is applied on a pro rata basis to each Product for the purpose of establishing refund values. 7.3 Conditions for the redemption of gift cards (a) You may purchase gift cards for use on the Site by you or other customers. You are responsible for the use and safety of your gift cards. We are not responsible for any loss or damage resulting from gift cards used without permission. (b) Gift cards have an expiration date. Any balance that remains after the expiration will not be available for use. (c) The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash. Gift cards cannot be used to buy further gift cards. (d) If you place an Order less than the value of the gift card, the residual credit can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one voucher per Order. (e) If an Order made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as a store credit only. Gift cards are applied on a pro rata basis to each Product in an Order for the purpose of establishing refund values. 7.4 Conditions for using store credit (a) Store credits are applied to the account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts. (b) Store credit is valid for 12 months. Any balance that remains after the 12 months will not be available for use. (c) Store credit does not accrue interest nor can it be redeemed or refunded for cash. If an Order made using store credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your account only. Store credits are applied on a pro rata basis to each Product in an Order for the purpose of establishing refund values.

8. DISCLAIMER AND LIABILITY

8.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for: (a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or (b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions. 8.2 Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for: (a) fraud; (b) death or personal injury caused by our Breach of Duty; (c) any breach of the obligations implied by law; or (d) any other Liability which cannot be excluded or limited by applicable law. 8.3 In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill. 8.4 Subject to clause 7.3: (a) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; (b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; (c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information. (d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have. (e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions. (f) To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms and Conditions. (g) Our total Liability under any Contract shall in no circumstances exceed, (i) in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

9. INDEMINITY

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.

10. PRIVACY POLICY

Please see our privacy policy https://koalacool.net/privacy

11. MEDIATION AND DISPUTE RESOLUTION

In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.