Welcome to the Kangaroo Creek ("KC") web site. The following document contains the Terms and Conditions that govern your use of this website. They describe your rights and responsibilities and what you can expect from KC. Please take a few minutes to review these Terms and Conditions. Your use of this web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this web site. KC reserves the right to add to, delete or change these terms because of frequent changes in internet technology and applicable laws. As such, you should check these terms and conditions from time to time for such changes.

In these Terms and Conditions "we," "us" and "our" mean Kangaroo Creek, ABN 81081001274 of Level 5, 4 Columbia Court, Baulkham Hills NSW 2153, and "you" means you the customer.

These Terms and Conditions together with your order constitute the entire Contract between you and us for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

1. Australian Sales Only


For internet sales we only sell and ship products within Australia. For deliveries outside of Australia please contact our export department at info@kangaroocreek.net.au, Telephone: +61 2 1300 884 787 or by Fax: +61 2 8860 6565.

2. Legal Capacity to Transact


If you are under the age of eighteen (18) you cannot place orders with Kangaroo Creek. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Kangaroo Creek suffer any damage or other losses as a result of a transaction entered into by a minor, Kangaroo Creek reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Kangaroo Creek.

3. Copyright/Trademark Information


This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2010 Kangaroo Creek. The KC trademarks and logos including SugarPossum and Blue Dingo are trademarks of GIS International P/L. Permission to use documents delivered from this World Wide Web site and/or server and related graphics are restricted. The name of Kangaroo Creek or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

4. Placing Your Order


You may place an order by filling in the Order Form on the Kangaroo Creek Web Site and clicking the "Submit my Order" button. When you place your order, we will be issued with an Order Number. We will do this by email. By placing an order, you make an offer to purchase the products you have selected based on these Terms and Conditions. We will notify you that your order is being processed by sending you an Order Confirmation and Tax Invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Kangaroo Creek reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your order after payment is received we will contact you by email or telephone.

5. Payment Methods and Processing


KC currently accepts Visa and MasterCard cards only. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public Holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public Holidays. We process credit card payments after you click the "Submit" button. For credit card payments we will email a tax invoice to you with your Order Confirmation. If you wish to pay via EFT please contact our office during office hours or email us directly. Please note:

• We are unable to accept credit cards issued by banks outside of Australia.
• Debit cards and Cheque cards have daily spending limits that may delay the processing of your Order.
• You may be required to provide further identification for additional security reference checks.

6. Prices


KC purchases include GST.
KC always seeks to list products with the most competitive prices.
KC reserves the right to change prices for products displayed on www.kangaroocreek.net.au at any time.

7. Supply of your Products


Subject to these Terms and Conditions, we will supply to you the products indicated on your Order Confirmation. When your ordered items have been dispatched we will email you to confirm shipment including a tracking number.

8. Delivery of your Products


Delivery times vary and will be determined from the date your payment is approved.
 KC makes every effort to deliver your products according to the estimated delivery times provided by KC. The estimated delivery times are in business days (Monday through Friday) excluding Public Holidays. Estimated ship times may change due to changes in supply or circumstances beyond our control. If your products have not arrived after the estimated delivery time, please contact us by phone on 1300 884 787 or by email to info@kangaroocreek.net.au. Unless otherwise agreed by us, we will deliver your products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your products, our courier will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. We will use all reasonable efforts to deliver your products to you with the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver in this time frame. Title and risk of loss to all products will pass to you on delivery.

9. Returning Products


If you change your mind about a purchase or make an incorrect choice, you may return the products to the address provided you advise KC by email and the product is unopened and dispatched within 14 days of delivery. KC will refund you for the cost of the products excluding delivery costs. If the products are damaged, broken or defective when first taken from its packaging you must advise KC by email or telephone within 14 days of delivery. As soon as the damaged, broken or defective status of the products is confirmed by Customer Service, KC will arrange a full refund or replacement product depending on your choice. KC will arrange return of the damaged Products at KC's expense. Where products are replaced, your replacement products become your property and the returned, defective products becomes our property. Replacement products are provided with the same warranty as the returned products. When a refund is given, the returned products become our property. KC will not provide a refund or replace products that have been misused, mishandled or incorrectly used. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.

10. Return Authorisation Number


A Return Authorisation Number, (RAN), is required for replacement products and refunds. Where Customer Service has determined that products are defective or damaged it will issue you with a RAN. Products cannot be returned without a RAN. The products should be returned to KC within 30 calendar days of the issuance of the RAN. Where possible, all products must be packed in the original, unmarked packaging including any documentation that shipped with the products.

11. Return of Damaged Products


Damaged Products must be returned whenever we agree to provide you with a refund or replace the products. We will make arrangements with our courier service for collection of the products and we will notify you when they will collect the Products from you. Customer Service will email you a RAN that you must clearly mark on the returned Products.

12. Our Liability


We will not be liable for any loss of income, loss of profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any products supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the products in question. If you are ordering on-line, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. We do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

13. Your Data – Use and Protection



By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purpose of processing your Order. By placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with the information from time to time on other KC products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other KC products, you should indicate your non-agreement on the appropriate section of the Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.

14. Credit Card Fraud



Whilst KC employs the latest technology software for its transactions with our customers, KC will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

15. General



You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of KC. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes any waiver of such Term or Condition. Such failure shall in no way affect the right to enforce such Term or Condition. KC reserves the right to change the Terms and Conditions of sale at any time. No KC employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

16. Force Majeure



KC shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of KC, and KC shall be entitled to a reasonable extension of time for the performance of such obligations.

17. Governing Law



These Terms and Conditions shall be governed by and construed within accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.

18. Copyright/Trademark Information



This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2010 of Kangaroo Creek and its parent company GIS International Pty Ltd. The KC, SugarPossum and Blue Dingo trademarks and logos are trademarks of KC and GIS International Pty Ltd. All other products and associated trademarks are the property of their respective owners, who are not associated with KC. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of KC or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

19. Communication from KC


As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.

20. Product-Review Messages



The KC message services available are subject to the following guidelines. Out of respect for all of our customers, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited in messages include:

• The transmission of any content that could violate, or could facilitate the violation of any applicable law, regulation or KC rule or policy.
• The transmission of any content that is profane, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• The impersonation of any person or entity in any part of a message.
• Your are solely responsible for the content of your messages and KC assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other KC guests or any third party. KC reserves the right to purge the content you provide at any time.

21. Colours



We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

22. Correction of Errors and Inaccuracies; Limitations on Quantity



Whilst KC makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

23. Acceptance



These Terms and Conditions shall govern the sale of the products listed within the Online Store by KC to the Buyer. By ordering the products and/or accepting delivery of the products, the Buyer agrees to be bound by and accepts these Conditions.