Terms & Conditions
DISCLAIMER OF LIABILITY
GENERAL DISCLAIMER
WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS IN ASSOCIATION WITH USE OF THIS WEBSITE OR A LINKED WEBSITE. THIS GENERAL DISCLAIMER IS NOT RESTRICTED OR MODIFIED BY ANY OF THE FOLLOWING SPECIFIC WARNINGS OR DISCLAIMERS.
SPECIFIC WARNINGS AND DISCLAIMER
Kooshy Kids Pty Ltd is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own safeguards to ensure that whatever you select for your use from this website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be amended. We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.
Under no circumstances (including but not limited to any act or omission on the part of Kooshy Kids Pty Ltd) will Kooshy Kids Pty Ltd be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website. To the fullest extent permitted by law, Kooshy Kids Pty Ltd' liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of Kooshy Kids Pty Ltd to the following: in the case of services supplied or offered by Kooshy Kids Pty Ltd, which are not of a kind typically acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Kooshy Kids Pty Ltd, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.
The Terms of Use are effective until terminated by Kooshy Kids Pty Ltd and Kooshy Kids Pty Ltd may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.
PAYMENTS
All transactions are secure and encrypted, and we never store your credit card information. All credit/debit card transactions on the Kooshy Kids Pty Ltd website are processed using Shopify and PayPal. Payment information is also governed by Shopify and Pay Pal's privacy policies.
GENERAL TERMS
1. EXCHANGES, RETURNS & WARRANTY (12 month product Warranty)
1.1 Subject to the rights granted to you by statutory consumer protection legislation, Kooshy Kids Pty Ltd does not offer refunds or exchanges for change of mind. Under these terms and conditions, travel plans that have been postponed or cancelled due to unforeseen circumstances, are one example that constitutes change of mind.
1.2 All orders placed are final and cannot be cancelled.
1.3 Under no circumstances will Kooshy Kids Pty Ltd be liable or issue a refund if the product is not delivered in time for travel or other purpose. Please allow ample time for delivery. The time frames quoted on this site and given by staff are a guide only and can be affected by many factors.
1.4.1 Kooshy Kids Pty Ltd will not provide a refund if refused use by an airline or if the customer receives advise about the use of the product after purchasing the product from us. The advice provided on our site about airlines is correct to the best of our knowledge at the time of being published, however may change without notice. We highly recommend checking with your airline prior to purchase.
1.4.2 Kooshy Kids offers an Approved Airline Money Back Guarantee. Once Kooshy Kids PTY LTD has received all necessary documentation from you as outlined on the Approved Airline Money Back Guarantee and can confirm that the airline did not allow use for reason's out of the customer's control, Kooshy Kids will issue a store credit for the Kooshion portion of your order. The amount credited will exclude shipping, pumps and other items purchased.
1.5 Kooshy Kids Pty Ltd offers sales and discounts from time to time. These cannot be applied retrospectively, nor can an order be cancelled or refunded due to a sale or discount being offered after the order was placed.
1.6 Any prizes offered as part of a Competition will be as described by Kooshy Kids Pty Ltd. Prizes are not transferable and are not redeemable for cash. Taxes or extras on any prizes are the responsibility of the winner. In the event that the prize specified in the Competition becomes unavailable for any reason, we will substitute the prize for a Kooshy Kids store credit of the cost (to Kooshy Kids) of the prize up to a maximum of $500. Winners receive prizes entirely at their own risk.
1.7 Due to health, safety and hygiene, once an order containing a a Kooshy Kloud or Kooshy Kids Kooshion leaves the Kooshy Kids Pty premise, exchanges and/or returns are not permitted.
1.8 Under circumstances deemed acceptable by Kooshy Kids Pty Ltd, returns or cancellations may be accepted in exchange for a store credit, minus postage costs (where applicable) and will incur a $25 administration fee.
2. LIMITATION OF LIABILITY
2.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury, death or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
3. RISK
3.1 Title of the purchase will pass to you on receipt of full payment from you or when you receive the purchase, whichever happens later.
3.2 Risk of loss or damage to the purchase will pass to you when we provide the purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery. We are not responsible for delivery once the product has been transferred to the third-party delivery service.
3.3 Kooshy Kids is not responsible for parcels misplaced as a result of being left at the premises.
3.4 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, we make no representations to you in respect of your use of the product. Kooshy Kids Pty Ltd provides no warranty as to any results or outcomes associated with using the product. We highly recommend contacting your airline and investigating any specific policies they may have that may affect your use of the product.
3.5 You expressly acknowledge that Kooshy Kids Pty Ltd's products should be used under direct adult supervision always and follow our safety guidelines.
3.6 You expressly acknowledge that your use of our products is at your sole risk.
4. PRIVACY
4.1 By providing your personal information, you expressly acknowledge that Kooshy Kids Pty Ltd may use your personal information to
(a) send you direct marketing material by email or sms; and
(b) compile a consumer profile about you to enable us to serve you in a more personalised way.
4.2 As with all of your personal information that we hold on our website, Kooshy Kids Pty Ltd will not provide this information to third parties without your consent, except where:
(a) such disclosure is permitted under the Privacy Act 1988;
(b) Kooshy Kids Pty Ltd is required by law to disclose information to third parties; or
(c) Kooshy Kids Pty Ltd has outsourced some internal functions to third parties, for example data warehousing companies, marketing companies or contractors that carry out administrative functions on their behalf.
5. ORDER FULFILMENT AND STOCK AVAILABILITY
5.1 In the event that an item is out of stock at our USA warehouse, we reserve the right to transfer the order to our Australian warehouse without notice.
Once transferred, the order will be placed in a queue with all global orders and will be processed accordingly. This ensures that we can fulfil your order as promptly as possible.
Kooshy Kids Pty Ltd has the right to alter these terms and conditions at any time.