Kogan FIRST Terms and Conditions
The following terms and conditions (Terms) are between you and Kogan Australia Pty Ltd (Kogan, we, us or our) and they govern your and our respective rights and obligations.
Your Kogan FIRST membership and benefits are governed by the Terms, and any other terms and conditions that are applicable to your use of the Kogan, Dick Smith, Matt Blatt & Brosa account and websites (Kogan Policies). The Kogan Policies are incorporated into the Terms.
In these Terms, unless stated otherwise (or the context requires), references to “Kogan FIRST” cover both “Kogan FIRST” and “FIRST” (the equivalent customer member program for Dicksmith.com.au, Mattblatt.com.au & Brosa.com.au).
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Signing up for Kogan FIRST Membership
- You must have a valid Kogan, Dick Smith, Matt Blatt & Brosa account in order to become a Kogan FIRST member. Your Kogan FIRST membership is linked to your Kogan, Dick Smith, Matt Blatt & Brosa account. See the bottom of this page to check if your postcode is eligible for Kogan FIRST.
- To become a Kogan FIRST member, you must either:
- add a Kogan FIRST eligible product to your cart and click the Kogan FIRST tick box on checkout;
- purchase your membership from the Kogan FIRST page; or
- agree to become a Kogan FIRST member through any other method offered by Kogan from time to time.
- Kogan will send you an email within 24 hours confirming your Kogan FIRST membership.
- Kogan reserves the right to accept or refuse Kogan FIRST memberships in its sole discretion.
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Cancelling your Kogan FIRST Membership
- You may cancel your Kogan FIRST membership at any time by logging into your Kogan, Dick Smith, Matt Blatt & Brosa account, selecting Kogan FIRST from the menu, and then clicking “Cancel Renewal”. You must manage your membership (including cancelling any renewal) from the store you originally signed up to Kogan FIRST on. Prior to the expiry of your Kogan FIRST membership, we will send you an email notifying you of the upcoming renewal date and reminding you of your ability to cancel your membership prior to its renewal.
- If you cancel any time after signing up for a paid membership or converting from a free trial to a paid membership:
- you will not be refunded your membership fee regardless of whether you made any eligible purchases or have taken advantage of any Kogan FIRST benefits;
- you will continue to receive all Kogan FIRST benefits until the end of your Membership Period, but your membership will not be automatically renewed for a further Membership Period.
- If your Kogan FIRST membership is cancelled for any reason, we may:
- retain your membership information for record-keeping and general data analysis purposes; and
- allocate your membership identifier to another Kogan FIRST member.
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Free Trial Period
- From time to time, we may offer a free trial membership to Kogan FIRST. If you sign up for a free trial of Kogan FIRST membership, you will be required to provide credit card, Afterpay or Paypal details to be used (or details for any other payment method offered by Kogan) should you continue your membership after the free trial period.
- You may cancel your membership at any time during the free trial period.
- If you cancel your Kogan FIRST membership during the free trial period, you will incur no fees or other charges for the membership. Your Kogan FIRST trial will end immediately and you will no longer receive any Kogan FIRST benefits.
- If you do not cancel your Kogan FIRST membership before the free trial period has ended, your membership will be automatically renewed for the Membership Period and you will be charged the full membership fee in accordance with clause 5.
- There is a maximum of one free trial Kogan FIRST membership per person. You may not use or create another Kogan account in order to take advantage of the free trial more than once.
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Benefits of Kogan FIRST membership
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Subject to clause 4b.iii:
- a Kogan FIRST membership purchased on Kogan.com entitles Kogan FIRST members to both Kogan FIRST membership benefits and FIRST benefits on Dicksmith.com.au, Mattblatt.com.au & Brosa.com.au; and
- a FIRST membership purchased on Dicksmith.com.au, Mattblatt.com.au & Brosa.com.au entitles FIRST Members to both FIRST membership benefits on Dicksmith.com.au, Mattblatt.com.au & Brosa.com.au and Kogan FIRST membership benefits on Kogan.com.
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Subject to clause 4c., as a Kogan FIRST member:
- You are entitled to free shipping on all eligible Kogan FIRST products in selected areas (Kogan FIRST Products). ‘Free shipping’ means free standard domestic postage (express and international postage is excluded);
- If free shipping is already offered for a Kogan FIRST Product, then you are entitled to a free upgrade to express shipping in selected areas for the Kogan FIRST Product;
- You are entitled to earn and spend Kogan FIRST Rewards Credits in accordance with the Kogan FIRST Rewards Rules (click here to see the Kogan FIRST Rewards Rules), which are included as part of the Terms. All Kogan FIRST Rewards Credits earned on Kogan.com can be spent on Kogan.com only. All FIRST Rewards Credits earned on Dick Smith, Matt Blatt & Brosa can be spent on their respective accounts;
- Any additional benefits, which, in our discretion, we may offer to Kogan FIRST members from time to time.
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Kogan FIRST Products are selected products available on the Kogan.com, Dicksmith.com.au, Mattblatt.com.au & Brosa.com.au website that have been marked with the Kogan FIRST or FIRST badge respectively. Kogan may, in its discretion, vary the range of items that are marked as Kogan FIRST Products from time to time without notice to you.
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You are only entitled to the benefits of Kogan FIRST membership:
- When you purchase Kogan FIRST Products for personal/ domestic use rather than business purposes. Kogan FIRST members are not permitted to purchase Kogan FIRST Products for the purpose of resale, rental, or to ship to their customers or potential customers;
- If you are based in an eligible Kogan FIRST location within Australia and your shipment is to an eligible address within Australia.
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Kogan FIRST membership benefits must only be used for products you purchase for yourself personally or as gifts for others, and you may not use the benefits for commercial gain or for Kogan FIRST Products that you sell on a commercial basis. If Kogan considers, acting reasonably, that you have breached this condition, we may, in our discretion, limit the number of free shipments of Kogan FIRST Products you may receive or terminate your Kogan FIRST membership and exclude you from participating in the Kogan FIRST program in the future.
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If you are a Kogan FIRST member and only some of the items in your transaction are Kogan FIRST Products, you will have to pay any applicable postage for the items that are not Kogan FIRST Products. You will only be entitled to free shipping and/or free upgrade to express shipping on the Kogan FIRST Products.
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Kogan may, in its discretion, change its designated shipping partners or add new shipping partners at any time.
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Kogan FIRST membership does not provide benefits related to other Kogan stores or services such as Kogan Mobile, Kogan Travel or Kogan Insurance. However, Kogan may, in its discretion, add or vary the benefits offered to Kogan FIRST members from time to time.
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Membership Fees
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The fee for each category of Kogan FIRST Membership (Membership Fee) is shown by clicking here.
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The Membership Fee will be billed in advance of each Membership Period and is non-refundable except as expressly provided for in the Terms.
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Payment of the Membership Fee must be with a valid credit card, Paypal or Afterpay account, or by any other payment method allowed by Kogan at checkout.
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From time to time, Kogan may, in its discretion:
- Offer a discounted Membership Fee for a particular Membership Period. Any such offer will only be available for the time it is advertised on the Kogan website and will only apply to the Membership Period to which the offer relates. If your membership renews for a further Membership Period, or if you cancel your membership and sign up again after the offer period has expired, the normal non-discounted Membership Fee will apply; or
- Offer Kogan FIRST membership for free as part of a promotional offer (e.g with the purchase of another Kogan product or service);
- Offer different membership programs similar, or connected to Kogan FIRST, and the fees, terms and benefits for such different memberships may vary;
- Offer different tiers of Kogan FIRST membership, which may have (without limitation) different pricing, membership periods, benefits or rewards; or
- Offer or provide other promotional offers, programs, benefits or discounts to Kogan FIRST members (including offers to new members only, such as joining offers).
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The membership fee is payable:
- once you register for Kogan FIRST membership and Kogan sends you an email confirming your membership (or, if you have registered for a free trial period, on the day following the conclusion of the free trial period); and
- in the case of a renewal of an existing Kogan FIRST membership, upon the commencement of the new Membership Period.
- Unless you cancel your membership prior to the Membership Fee becoming payable in accordance with clause 2, you will be automatically charged for the Membership Fee using the payment method details that you provide to us when registering for Kogan FIRST membership.
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IMPORTANT: YOU AGREE THAT, UNLESS YOU CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH CLAUSE 2, YOUR Kogan FIRST MEMBERSHIP WILL AUTOMATICALLY RENEW IN ACCORDANCE WITH CLAUSE 6 AND YOU AUTHORISE US TO CHARGE THE MEMBERSHIP FEE FOR ANY SUBSEQUENT MEMBERSHIP PERIOD (WITHOUT NOTICE TO YOU) USING PAYMENT METHOD DETAILS THAT YOU HAVE PROVIDED TO US UPON REGISTRATION.
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Term and Renewal
- Subject to clause 6(b) and these Terms, your Kogan FIRST membership starts on the date that you registered for Kogan FIRST membership and is valid for the Membership Period.
- If you have registered for a free trial of Kogan FIRST, your membership is valid for the date of your registration until the end of the trial period. Prior to the expiry of your free trial, we will send you an email notifying you of the upcoming expiry and reminding you of your ability to cancel your membership prior to the end of the trial period.
- If you do not cancel your membership within the free trial period, it will automatically renew on the day after the expiry of trial period and your Kogan FIRST membership will start on the same day.
- Your Kogan FIRST membership will automatically renew at the end of each Membership Period for an additional Membership Period unless you or Kogan cancel your membership prior to the end of the relevant Membership Period.
- If the payment method details that you provide to us are declined, and you subsequently provide us with a new eligible payment method and are successfully charged for your Membership Fees, your Kogan FIRST membership will start from the date of the successful charge.
- If your preferred payment method is invalid or the charge is refused at time of your scheduled membership payment, you authorise us to use any other payment method we have on file on your Kogan.com account. If all payment method attempts on file are declined or refused, Kogan reserves the right to cancel your membership immediately.
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Termination
- You may terminate your Kogan FIRST membership at any time in accordance with clause 2.
- Kogan may terminate your Kogan FIRST membership immediately without notice to you and without refunding your membership fees if:
- we consider that your use of your Kogan FIRST membership:
- materially breaches the Terms or any applicable law; or
- is fraudulent or otherwise a misuse of your Kogan FIRST membership;
- we are unable to charge your membership fee using the payment method details that you have provided, and you fail to provide us with a new eligible payment method within free trial period or us notifying you of the failure to charge the membership fee; or
- your Kogan account is terminated for any reason.
- we consider that your use of your Kogan FIRST membership:
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Limitation of liability
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To the extent permitted by law, Kogan will not be responsible for:
- any losses, costs, damages, injury, expenses or inconvenience that were not caused by any breach on our part;
- any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
- any indirect or consequential losses; or
- any delay if the delay or failure arises from any cause which is beyond our reasonable control.
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Subject to clause 8(b), and to the extent permitted by law, Kogan’s liability to you for:
- any loss or damage arising out of or in connection with the supply of Kogan FIRST benefits under the Terms; or
- any breach of the Terms by us;
is limited to:
- the supplying of the Kogan FIRST benefits again; or
- the payment of the cost of having the Kogan FIRST benefits supplied again.
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Nothing in the Terms is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in the Terms applies to the full extent permitted by law and subject to any non-excludable right or remedy.
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Assignment and Transfers
- You may not transfer or assign your Kogan FIRST membership or any benefits that you receive from your Kogan FIRST membership to, or share your Kogan FIRST login with, any another person.
- Kogan may, in its discretion, assign its rights and obligations under the Terms, either wholly or in part, to its affiliates or any third party.
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Amendments to the Terms
- Kogan may, in its discretion, amend the Terms at any time by posting the amended Terms on the Kogan website. If we make any amendments to the Terms that we consider (acting reasonably) will adversely affect you, we will notify you directly through the email address linked to your Kogan account.. Unless stated otherwise, all amended Terms will be effective immediately upon being posted online.
- Any amendments to the Terms will not affect your rights to cancel your Kogan FIRST membership. Your continued Kogan FIRST membership and use of Kogan FIRST benefits after any amendments to the Terms will constitute your acceptance of the amendments. If you do not agree to any amendments to the Terms, or there is a reduction in your benefits that you reasonably believe is unfair, you should cancel your membership in accordance with clause 2. If within 14 days of cancellation, you notify Kogan that you cancelled your membership because the amendment to the Terms or reduction in benefits was unfair, Kogan will consider your concerns acting reasonably, and may, at its discretion, refund the balance of your membership fee.
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Miscellaneous
- If any clause of the Terms, or any amendment to the clauses of the Terms, is found invalid, void, or unenforceable for any reason, that clause/amendment is severable and does not affect the validity and enforceability of any remaining clauses/amendments.
- The failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of Kogan’s rights.
- The laws of Victoria govern the Terms and any dispute between you and Kogan. Both you and Kogan consent to exclusive jurisdiction of the courts of Victoria.
Postcodes Ineligible for Kogan FIRST Free Shipping
Victoria
No ineligible postcodes. All Victorian shipping addresses are eligible for Kogan FIRST!
New South Wales
2898, 2899
Australian Capital Territory
No ineligible postcodes. All Australian Capital Territory shipping addresses are eligible for Kogan FIRST!
Queensland
No ineligible postcodes. All Queensland shipping addresses are eligible for Kogan FIRST!
South Australia
No ineligible postcodes. All South Australian shipping addresses are eligible for Kogan FIRST!
Western Australia
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Tasmania
7151, 7152, 7153, 7154
Northern Territory
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