Terms & Conditions

Terms of Service

Overview

This website https://koakids.com.au (“Website”, “Site”) is operated by KOA Kids Pty Ltd (ABN 51 672 590 439) of 28 Moncur Street, Woollahra NSW 2025 (“KOA Kids”, “our”, “us” or “we”). KOA Kids Pty Ltd offers this Website, including all information, tools and Services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site or purchasing our products or services (“Product”, “Service”), you agree to be bound by the following terms of service (“Terms of Service”, “Terms”, “Terms and Conditions”). 

Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our Website is hosted on Shopify Inc. Shopify Inc provides us with the online e-commerce platform that allows us to sell our Products and Services to you.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority in your state, territory or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site. Our Products are intended for purchase by adults and our Products are not intended for use by children without adult supervision or health professional advice. By placing an order, you confirm that you are at least the age of majority in your state, territory or province of residence.

You may not use our Products or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services. KOA Kids shall not be liable to you or any third party for any termination of your access to the Site. 

General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree that you are not permitted to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Modifications to the Service and Prices

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue any of our Services (or any part or content thereof) without providing notice to you.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services

Certain Products or Services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our Products as they appear in store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. This does not affect your rights under the Australian Consumer Law, to the extent it is applicable, including guarantees for fitness for purpose and acceptable quality.

You agree that our Products and Services include additional information or instructions on their labels, packaging or package inserts.  Whilst this information is not to be taken as medical advice, representations as to fitness for purpose for your intended use or representations with respect to a specific quality or outcome, it is recommended that you follow any instructions that are provided to you on any labels, packaging or packing or packing inserts.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services or features through the Website (including, the release of new tools and resources). Such new features or Services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, Products and Services available via our Website may include materials from third-parties not affiliated with us.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We are not responsible for the content or practices of these sites. Accessing third-party links is at your own risk.

User Comments, Content, Feedback and Other Submissions

If, at or without our request, you send certain specific submissions (for example contest entries), reviews, creative ideas, suggestions, proposals, content, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. By submitting any Comments, you grant us a non-exclusive, royalty-free, perpetual right to use, reproduce, and modify such Comments.

We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

Personal Information

Your submission of personal information through the Website is governed by our Privacy Policy. 

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) to engage in any other conduct that, in our sole discretion, restricts or inhibits any person from using or enjoying the Site, or which may harm KOA Kids, its users, or expose them to liability. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.

You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Products and Services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall KOA Kids, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

KOA Kids shall not be liable for any indirect, incidental, or consequential damages arising from the use of our Products or Services. Our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless KOA Kids and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees (including but not limited to, attorney(s) of our choice in such cases), made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This defense and indemnification obligation will survive this agreement and your use of our Site.

Severability; Non-Waiver

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision

Data Collection

We collect various types of personal information, including but not limited to your name, billing and shipping address, email, payment details, and any other information you provide to us during account creation or checkout, in order to process your orders, facilitate delivery, improve our products and services, enhance your overall shopping experience, and communicate with you about updates, promotions, or other relevant information. This may involve collecting device-related data for analytics, tracking Website usage, or identifying patterns that help us optimize our offerings. We only gather personal data that is necessary for legitimate business purposes or to comply with legal obligations, and we protect it according to our Privacy Policy, which outlines how your information is stored, used, and shared with third-party service providers who assist in areas such as payment processing, shipping, and marketing.

Data Usage

We use your personal information to fulfill and manage your orders, coordinate shipping, process payments, and provide responsive customer service, ensuring prompt resolution of inquiries or concerns related to your purchases. Additionally, with your explicit consent, we may use your information to send marketing communications, such as promotional offers, newsletters, or updates about new products and services. These marketing messages are entirely optional, and you can opt out at any time by following the unsubscribe instructions included in each communication or by contacting us directly. Our use of your information is governed by our Privacy Policy, which outlines how we safeguard your data and respect your preferences in accordance with applicable laws.

Third-Party Sharing

We may share your personal information with carefully selected third-party service providers who are essential to our business operations, including but not limited to payment processors, shipping carriers, and marketing platforms that assist us in securely processing transactions, delivering orders, and communicating promotions. We do not sell or rent your personal information to these or any other third parties. Additionally, any external service providers that receive your information are contractually obligated to protect it in accordance with our Privacy Policy and applicable laws, and to use it solely for the specific services requested, ensuring a secure and efficient customer experience.

Security Measures

We implement industry-standard security protocols and robust technologies to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, you acknowledge that no method of data transmission over the Internet or electronic storage is entirely secure, and we cannot guarantee the absolute security of your information. To the fullest extent permitted by law, KOA Kids Pty Ltd disclaims any liability for any breach of security or unauthorized access to your data arising from circumstances beyond our reasonable control, including inherent risks associated with transmitting information online. We continually review and update our security measures to address potential threats, but we encourage you to use secure networks and safeguard your account credentials to help protect your own personal information.

Termination

Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. 

Subscription Services

 

1) Billing:

1. Recurring Charges: By purchasing a subscription, you authorize KOA Kids Pty Ltd to automatically charge your selected payment method on a recurring basis (e.g., monthly) as per the subscription plan chosen at the time of purchase.
2. Billing Cycle: Subscriptions are billed on a monthly basis. The billing cycle starts on the date you make your first payment and recurs on the same date each period.
3. Payment Methods: We accept major payment methods offered on Shopify, including credit cards and PayPal. You must provide current, complete, and accurate billing information. You agree to promptly update your account with any changes to your billing information.
4. Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel prior to the next billing date. By subscribing, you accept responsibility for all recurring charges until you cancel your subscription.
5. Price Changes: We reserve the right to adjust pricing for our subscription services at any time. Any price changes will take effect after providing at least 30 days' notice to you. Continued use of the subscription service after the price change becomes effective constitutes your agreement to pay the new price.

2) Cancellation:

1. How to Cancel: You may cancel your subscription at any time by:

• Logging into your account on our Website and following the cancellation procedures.
• Contacting our customer support at help@koakids.com.au 

1. Effective Date of Cancellation: Cancellations will take effect at the end of your current billing cycle. You will continue to receive subscription benefits until the end of the paid period.
2. No Cancellation Fees: There are no cancellation fees. However, you are responsible for any charges already incurred up until the cancellation date.
3. Reactivation: If you cancel your subscription and later decide to reactivate, you may do so by logging into your account or contacting customer support. Reactivated subscriptions are subject to the terms and pricing in effect at the time of reactivation.

3) Refunds:

1. Refund Policy: Subscription fees are non-refundable. If you believe there has been a billing error or you have exceptional circumstances, please contact customer support at help@koakids.com.au to request a review.
2. Prorated Refunds: We do not provide prorated refunds for cancellations made before the end of a billing cycle.

4) Subscription Discounts and Promotions:

1. Eligibility: The first-month subscription discount is available only to new subscribers.
2. Monitoring: We reserve the right to monitor accounts to prevent misuse of this offer. Monitoring may include, but is not limited to, reviewing customer names, shipping addresses, email addresses, and payment methods.
3. Misuse of Offer: If we detect that a customer has signed up for the first-month subscription discount for the same product three or more times, we reserve the right to withhold the discount on subsequent orders.
4. Right to Refuse Service: We reserve the right to refuse or cancel orders if fraudulent activity or abuse is suspected.
5. Customer Notification: If we withhold a discount due to suspected misuse, we will attempt to notify you via the email or phone number provided at the time of purchase.
6. Appeals: If you believe there has been an error or you have a valid reason for multiple subscriptions, please contact us at help@koakids.com.au to review your case.
7. Fair Use: This policy is in place to ensure fair access to promotions for all customers and to prevent abuse that can impact our ability to offer discounts.

5) Account Responsibility:

1. Accurate Information: You agree to provide and maintain accurate, current, and complete information, including contact details and payment information.
2. Account Security: You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
3. Unauthorized Use: Notify us immediately of any unauthorized use of your account or any other breach of security.

6) Changes to Subscription Terms:

1. Modification of Services: We may, at our sole discretion, modify or discontinue all or part of the subscription services with or without notice.
2. Notification of Changes: Significant changes to subscription terms will be communicated to you via email or through our Website.
3. Continued Use: Your continued use of the subscription services after any changes indicates your acceptance of the new terms.

7) Payment Failures:

1. Failed Transactions: If your payment method fails or your account is past due, we may:
2. Suspend or terminate your subscription services.
3. Charge applicable late fees or interest.
4. Updating Payment Information: It is your responsibility to ensure that your payment information is current and valid.

8) Free Trials:

1. Trial Periods: We may offer free trials for certain subscription services. The duration of the trial period will be specified at the time of sign-up.
2. Automatic Conversion: Unless you cancel before the end of the trial period, your trial will automatically convert to a paid subscription, and you will be charged the applicable subscription fee.
3. Eligibility: Free trials are limited to one per customer and cannot be combined with other offers.

9) Resubscription:

1. Returning Customers: If you cancel your subscription and later re-subscribe, any discounts or promotional offers available to new subscribers may not apply.

10) Communication Preferences:

1. Electronic Communications: By subscribing, you consent to receive communications from us electronically, such as emails, texts, or notices posted on our Website.
2. Opt-Out: You may opt-out of non-essential communications by following the unsubscribe instructions provided in the communication.

Intellectual Property

All content on this Website, including text, graphics, logos, images, and software, is the property of KOA Kids Pty Ltd and is protected by intellectual property laws. Unauthorized use of our content is prohibited.

Medical Disclaimer

All information supplied on our Site is provided without warranties of any kind to the extent permitted by law. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. While we aim to ensure the accuracy and reliability of information on this Site, we make no representations or warranties (express or implied) about its accuracy, completeness or fitness for a particular purpose, to the extent permitted by law. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It may be summarised and is not intended to replace individual professional medical advice.

Professional advice is required for any particular illness, disease, infection, injury or other medical condition and for dosages of the pharmaceutical product supplied via this Site. This information is not to be taken as any sort of medical advice whatsoever. We do not provide personalised medical advice, and our content should not be interpreted as such. None of our products are intended to treat any medical condition. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment or health supplement, continuing with medical treatment or health supplement or with any questions you may have regarding yours or any other parties’ medical condition, especially for children.

Our Products are listed in the Australian Register of Therapeutic Goods (ARTG), and any health claims are consistent with their approved use. We do not guarantee specific outcomes and make no claims beyond those approved under the Therapeutic Goods Advertising Code 2021.

NOTHING CONTAINED ON OUR SITE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

ALWAYS READ THE LABEL and USE ONLY AS DIRECTED.

VITAMINS ARE NOT A SUBSTITUTE FOR GOOD NUTRITION OR A BALANCED DIET AND ARE NOT SUPERIOR TO, OR MORE BENEFICIAL THAN, DIETARY NUTRIENTS.

NORMAL HEALTH MAY NOT BE AFFECTED BY TAKING VITAMIN SUPPLEMENTS.

While our products are formulated with carefully selected ingredients and are well-tolerated by most individuals, in rare cases some people may experience sensitivity or an unexpected reaction.

We believe the likelihood of adverse reactions is extremely low, particularly when our products are used as directed. However, if you or your child experience any unusual symptoms, we recommend discontinuing use and consulting your healthcare professional out of an abundance of caution.

You may also report suspected adverse events directly to the Therapeutic Goods Administration (TGA) at www.tga.gov.au/reporting-problems.

Contact Information

For questions or concerns regarding these Terms of Service, please contact us at:

• Email: help@koakids.com.au

Promotions and Discounts

Promotional offers and discount codes are subject to terms specified at the time of the offer. They cannot be combined with other promotions and are not redeemable for cash. Promotions may have expiration dates and are valid while supplies last.

Affiliate Programs

We may participate in affiliate marketing programs, earning commissions from purchases made through links on our Site. This does not affect the price you pay.

Entire Agreement

These Terms of Service constitute the entire agreement between you and KOA Kids Pty Ltd regarding your use of the Website.

Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our Site that contains typographical errors or inaccuracies. We reserve the right to correct any errors and to change or update information without prior notice.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, failure of host servers or ISPs, or any other event beyond our control. 

Governing Law

These Terms of Service shall be governed by the laws in force in the state of New South Wales, Australia. The offer and acceptance of this agreement is deemed to have occurred in New South Wales, Australia.

Dispute Resolution

You agree that any dispute arising from or relating to this agreement will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs and disbursements. 

Cookies

We use cookies and similar technologies to enhance and personalize your browsing experience, remember your preferences, and analyze Site traffic. By continuing to use our Site, you acknowledge and consent to our use of cookies as described in our Privacy Policy. You may choose to disable cookies through your browser settings; however, please note that doing so may limit certain Site functionalities.

Amendments to Website Terms of Use

We reserve the right to amend these Terms of Service from time to time. Amendments will be effective immediately upon notification on our Site. Your continued use of our Site following such notification will represent an agreement by you to be bound by these Terms of Service as amended.

Termination

We reserve the right to terminate your access to the Service for violations of these Terms of Service.