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Kogan First Terms and Conditions

Kogan First Terms and Conditions

The following terms and conditions (Terms) are between you and Kogan Australia Pty Ltd and its affiliates (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 the use of your Kogan account or our websites (Kogan Policies). The Kogan Policies are incorporated into the Terms.

1. Signing up for Kogan First Membership

  • You must have a valid Kogan account with a shipping address in Australia (and reside in Australia) in order to become a Kogan First member. Your Kogan First membership is linked to your Kogan account.
  • To become a Kogan First member, you must first add a product to cart and click checkout. During checkout, simply click the Kogan First tick box, and then complete checkout. When you complete checkout after opting in to Kogan First, you are entering into a binding agreement between you and Kogan based on the Terms.
  • 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.

2. Cancelling your Kogan First Membership

  • You may cancel your Kogan First membership at any time by logging into your Kogan account. selecting Kogan First from the menu, and then clicking "Cancel 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 year, but your membership will not be automatically renewed for a further year.

3. 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 details to be used 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 a membership year and you will be charged the full annual membership fee in accordance with clause 5.
  • There is a maximum of one free free trial of Kogan First membership per person. You may not use or create another Kogan account in order to take advantage of the free free trial more than once.

4. Benefits of Kogan First membership

  • Subject to clause 4(c), as a Kogan First member:
    1. 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);
    2. 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; and
    3. Any additional benefits, which, in our discretion, we may offer to Kogan First members from time to time.
  • Kogan First Products are selected fixed price products available on the website that have been marked with the Kogan First badge. 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.
  • You are only entitled to the benefits of Kogan First membership:
    1. When you purchase Kogan First Products for personal/ domestic 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 using Kogan First benefits;
    2. If you are based in an eligible Kogan First location within Australia and your shipment is to an eligible address within Australia.
  • 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.
  • 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.
  • Kogan may, in its discretion, change its designated shipping partners or add new shipping partners at any time.
  • Kogan First membership does not provide benefits related to other Kogan stores or services such as Dick Smith, 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.

5. Membership Fees

  • The annual membership fee for Kogan First is AUD $99.
  • The annual membership fee will be billed in advance of each membership year and is non-refundable except as expressly provided for in the Terms.
  • From time to time, Kogan may, in its discretion:
    1. Offer a discounted membership fee for a particular membership year. Any such offer will only be available for the time it is advertised on the Kogan website and will only apply to the membership year to which the offer relates. If your membership rolls over for a further year, or if you cancel your membership and sign up again after the offer period has expired, the full annual membership fee of AU $99 will apply; or
    2. Offer different membership programs similar to Kogan First, and the fees and terms for such different memberships may vary.
  • The membership fee is payable:
    1. 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
    2. in the case of a renewal of an existing Kogan First membership, upon the commencement of the new membership year.
  • Unless you cancel your membership prior to the membership fee becoming payable in accordance with clause 5(d), you will be automatically charged for the membership fee using the credit card details that you provide to us when registering for Kogan First membership.

6. Term and Renewal

  • Subject to clause 6(b) and these Terms, your Kogan First membership is valid for 1 year from the date that you registered for Kogan First membership.
  • If you have registered for a free trial of Kogan First, your membership is valid for the amount of time of the trial the date of your registration. 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 annual Kogan First membership will start on the same day.
  • Your Kogan First membership will automatically renew at the end of each membership year for a further year (without notice to you) unless you or Kogan cancel your membership prior to the end of the membership year.
  • If the credit card 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 annual Kogan First membership will start from the date you registered for Kogan First membership or your membership renewal date (whichever is applicable), and not the date of the successful charge.

7. Termination

  • You may terminate your Kogan First membership at any time in accordance with clause 2.
  • Kogan may terminate your Kogan First membership for convenience by providing 14 days’ notice and a prorated refund of your Kogan First membership fee based on the time remaining on your current membership period.
  • Kogan may terminate your Kogan First membership immediately without notice to you and without refunding your membership fees if:
    1. we consider that your use of your Kogan First membership:
    2. A. materially breaches the Terms or any applicable law; or

      B. is fraudulent or otherwise a misuse of your Kogan First membership;

    3. we are unable to charge your membership fee using the credit card details that you have provided, and you fail to provide us with a new eligible payment method within free trial period of us notifying you of the failure to charge the membership fee; or
    4. your Kogan account is terminated for any reason.

8. Limitation of liability

  • Unless otherwise stated in writing, Kogan disclaims, and does not make, any representation or warranty of any kind in respect of your Kogan First membership and any benefits offered by your Kogan First membership.
  • To the extent permitted by law, Kogan will not be responsible for:
    1. any losses, costs, damages, injury, expenses or inconvenience that were not caused by any breach on our part;
    2. any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
    3. any indirect or consequential losses; or
    4. any delay or failure to comply with our obligations under the Terms if the delay or failure arises from any cause which is beyond our reasonable control.
  • Subject to clause 8(b), and to the extent permitted by law, Kogan’s liability to you for:
    1. any loss or damage arising out of or in connection with the supply of Kogan First benefits under the Terms;
    2. any breach of the Terms by us; or
    3. any non-compliance with a statutory guarantee;

    is limited to:

    1. the supplying of the Kogan First benefits again; or
    2. the payment of the cost of having the Kogan First benefits supplied again.
  • 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.

9. 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.

10. Amendments to the Terms

  • Kogan may, in its discretion, amend the Terms at any time by posting the amended Terms on the Kogan website. We will also notify you of any material amendments to the Terms directly through the email addressed linked to your Kogan account. Unless stated otherwise, all amended Terms will automatically be effective 14 days after they are posted on the Kogan website.
  • 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, you should cancel your membership in accordance with clause 2.

11. 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.

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