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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 in relation to the Kogan FIRST loyalty program. Your Kogan FIRST membership and benefits are governed by these Terms, and any other terms and conditions that are applicable to the use of your Kogan or Dick Smith account and our websites (Kogan Policies). The Kogan Policies are incorporated into and form part of these Terms. By registering for a Kogan FIRST membership, you acknowledge that you have read, understood and accept these Terms. In these Terms, unless stated otherwise (or the context requires), references to “Kogan FIRST” means “Kogan FIRST” and “FIRST” (the equivalent customer member program for Dicksmith.co.nz).

  1. Signing up for Kogan FIRST Membership

    1. You must have a valid Kogan or Dick Smith account in order to become a Kogan FIRST member. Your Kogan FIRST membership is linked to your Kogan and Dick Smith account. See the bottom of this page to check if your postcode is eligible for Kogan FIRST.
    2. To become a Kogan FIRST member, you must either add a Kogan FIRST eligible product to cart and proceed with a Kogan FIRST membership on checkout, or purchase your membership from the Kogan FIRST webpage. 
    3. By clicking “BUY NOW” on the Kogan FIRST page or proceeding with a Kogan FIRST membership at checkout, you are entering into a legally binding agreement between you and Kogan based on the Terms for the applicable membership period (Membership Period).
    4. Kogan will send you an email within 24 hours confirming your Kogan FIRST membership.
    5. To the extent permitted by applicable law, Kogan reserves the right, acting reasonably, to accept or refuse any Kogan FIRST membership application.

  2. Cancelling your Kogan FIRST Membership

    1. You may cancel your Kogan FIRST membership at any time by logging into your Kogan or Dick Smith account, selecting Kogan FIRST from the menu, and then clicking “Cancel Renewal”. You must manage your membership (including cancelling any renewal) from the online store you originally signed up to Kogan FIRST on.
    2. Unless otherwise stated in these Terms, 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 current Membership Period, but your membership will expire at the end of that Membership Period.
    3. If your Kogan FIRST membership expires or is cancelled or terminated for any reason, we may:
      1. retain your membership information for record-keeping and general data analysis purposes in accordance with our rights and obligations under applicable law; and
      2. allocate your membership identifier to another Kogan FIRST member.

  3. Free Trial Period

    1. From time to time, we may offer a free trial membership of Kogan FIRST. If you sign up for a free trial of Kogan FIRST membership, you will be required to provide credit card, or Paypal details which you acknowledge and agree will be used to charge you for membership fees should you continue your membership after the free trial period.
    2. You may cancel your membership at any time during the free trial period by following the process set out in clause 2.a of these Terms.
    3. If you cancel your Kogan FIRST membership during the free trial period, you will incur no fees or other charges for the membership. When you cancel your Kogan FIRST free trial, your Kogan FIRST membership will end immediately and you will forfeit any credit or discounts accrued in relation to your Kogan FIRST membership and will no longer be entitled to access or receive any Kogan FIRST benefits.
    4. 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.
    5. There is a maximum of one free trial of Kogan FIRST membership per person. You may not use or create another Kogan or Dick Smith account in order to take advantage of the free trial more than once.

  4. Benefits of Kogan FIRST membership

    1. Subject to clause 4b.iii., a Kogan FIRST membership purchased on Kogan.com/nz entitles Kogan FIRST members to access and receive both Kogan FIRST membership benefits and also FIRST benefits on Dicksmith.co.nz, and a FIRST membership purchased on Dicksmith.co.nz entitles FIRST Members to access and receive both FIRST membership benefits and Kogan FIRST membership benefits on Kogan.com/nz.
    2. 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) to an eligible address.  An eligible shipping address is one which is in New Zealand and is not within an ineligible postcode (a list of ineligible post codes is listed at the bottom of these terms and conditions);
      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;
      3. You are entitled to earn and spend Kogan FIRST Rewards Credits in accordance with the Kogan FIRST Rewards Credits Terms and Conditions  (click here to see the Kogan FIRST Rewards Credits Terms and Conditions), which are incorporated into and form part of these Terms. All Kogan FIRST Rewards Credits earned on Kogan.com/nz can be spent on Kogan.com/nz only. All FIRST Rewards Credits earned on Dicksmith.co.nz can be spent on purchases made through Dicksmith.co.nz only.
      4. You are entitled to any additional benefits, which we may offer to Kogan FIRST members from time to time.
    3. Kogan FIRST Products are selected products available on the Kogan.com/nz and Dicksmith.co.nz 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.
    4. You are only entitled to the benefits of Kogan FIRST membership:
      1. When you purchase Kogan FIRST Products in your personal capacity for personal, domestic or household use or consumption rather than business purposes. Kogan FIRST memberships are not intended for persons acting in trade and Kogan FIRST members are not permitted to purchase Kogan FIRST Products for the purpose of resale, rental or to ship such products to customers or potential customers using Kogan FIRST benefits (such as free shipping).
    5. Kogan FIRST membership benefits must only be used for Kogan FIRST Products you purchase in your personal capacity for yourself or as gifts for others. You must not use the Kogan FIRST membership benefits for commercial gain, business purposes, 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 membership program in the future.
    6. 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 a free upgrade to express shipping on the Kogan FIRST Products.
    7. Kogan may, in its discretion, change its designated shipping partners or add new shipping partners at any time.
    8. 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.

  5. Membership Fees

    1. The applicable fee for each category of Kogan FIRST Membership (Membership Fee) which applies from time to time can be found here. If we change the Membership Fee, we will comply with clause 10 of these Terms. 
    2. The Membership Fee will be billed on the first day of each Membership Period and is non-refundable except as expressly provided for in these Terms.
    3. Payment of the Membership Fee must be made with a valid credit card, Paypal or account.
    4. From time to time, Kogan may, in its discretion:
      1. 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 or Dick Smith website and will only apply to the Membership Period to which the offer relates (unless stated otherwise in the applicable promotional offer). If your membership rolls over 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 (unless stated otherwise in the applicable promotional offer); 
      2. Offer Kogan FIRST membership for a discounted price or for free for a limited Membership Period as part of a promotional offer (e.g. with the purchase of another Kogan product or service); or
      3. Offer different membership programs similar to Kogan FIRST, and the fees and terms for such different memberships may vary.
    5. The Membership Fee is payable:
      1. once you register for a 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 Period.
      3. 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 payment method details that you provide to us when registering for Kogan FIRST membership.
    6. IMPORTANT: YOU AGREE THAT, UNLESS YOU CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH CLAUSE 2 PRIOR TO THE EXPIRY OF YOUR CURRENT MEMBERSHIP PERIOD, 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 THE PAYMENT METHOD DETAILS THAT YOU HAVE PROVIDED TO US UPON REGISTRATION.

  6. Term and Renewal

    1. Subject to clause 6(b) and any earlier termination in accordance with these Terms, your Kogan FIRST membership starts on the date that you registered for Kogan FIRST membership and is valid for the full duration of the Membership Period.
    2. If you have registered for a free trial of Kogan FIRST, your membership is valid from the date of your registration for the specified duration of the free trial or the date upon which you cancel your free trial (whichever is earlier). 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 for your chosen Membership Period and your recurring Kogan FIRST membership subscription will start on the same day.
    3. Your Kogan FIRST membership will automatically renew at the end of each Membership Period for an additional Membership Period (without notice to you) unless you or Kogan cancel your membership prior to the end of the relevant Membership Period in accordance with these Terms.
    4. You may opt in at the account dashboard to be notified via email at least 3 days prior to the end of your current Membership Period to remind you of the automatic renewal of your membership subscription and impending payment of the Membership Fee.
    5. If the payment method details that you provide to us are declined or unable to be processed for any reason 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 registration date of your Kogan FIRST membership or your membership renewal date (whichever is applicable), and not the date of the successful charge.
    6. If your preferred payment method is invalid or the charge is declined or refused at the time of your scheduled membership payment, you authorise us to use any other payment method we have on file on your Kogan.com or Dick Smith account. If all payment method attempts on file are declined or refused, Kogan reserves the right to cancel your membership immediately.

  7. Termination

    1. You may cancel your Kogan FIRST membership at any time in accordance with clause 2.
    2. Kogan may terminate the Kogan FIRST membership program and/or your Kogan FIRST membership at any time for convenience by providing at least 14 days’ prior written notice and a prorated refund of your Kogan FIRST membership fee based on the time remaining on your current Membership Period.
    3. Kogan may terminate your Kogan FIRST membership immediately without notice to you and without refunding your Membership Fees if:
      1. we consider (acting reasonably) that your use of your Kogan FIRST membership:
        1. materially breaches these Terms or any applicable law; or
        2. is fraudulent or otherwise an abuse or misuse of your Kogan FIRST membership;
      2. 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 the free trial period; or
      3. your Kogan or Dick Smith account is terminated for any reason.

  8. Limitation of liability

    1. Except for the statutory guarantees that apply under the Consumer Guarantees Act 1993 or as otherwise stated in these Terms, 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.
    2. Except for any liability we may have under the Consumer Guarantees Act 1993, Kogan will not be liable or 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; or
      3. any indirect or consequential losses suffered by you or any third party arising in any way out of your membership.
    3. Neither party shall have any lability to the other for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond that party’s reasonable control.
    4. Nothing in these Terms is intended to exclude, restrict or modify any statutory guarantee, right or remedy that cannot be restricted or modified by law, including those under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
    5. We reserve the right at any time to correct any errors published in relation to Kogan FIRST benefits or the Kogan FIRST membership programme generally.

  9. Assignment and Transfers

    1. 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.
    2. 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

    1. Kogan may, in its discretion, amend the Terms (including the Kogan First Reward Credits Terms and Conditions) at any time by posting the amended Terms on the Kogan and Dick Smith website. We will provide you with reasonable notice of any material amendments to the Terms directly through the email address linked to your Kogan or Dick Smith account. Unless stated otherwise, all amended Terms will be effective immediately upon being posted online.
    2. Any minor or administrative amendments to the Terms will not affect your rights to cancel your Kogan FIRST membership. Your continued use of your Kogan FIRST membership and Kogan FIRST benefits after the effective date of 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.
    3. Where we make any significant amendments that will materially reduce your rights or the benefits provided by the Kogan FIRST membership, you may cancel your membership and receive a pro rata refund of any Membership Fees paid for the remaining period of your Membership Period, provided you notify us of your intention to cancel within 14 days of receiving notice of the proposed amendments. You can do this by contacting us via this page of our website.

  11. Privacy

    1. Any personal information that we collect about you in connection with your Kogan FIRST membership will be handled in accordance with the privacy policy that applies to your Kogan or, if applicable, Dick Smith account. Our privacy policies can be found here.
    2. By registering for a Kogan FIRST membership, you consent to us and any Kogan affiliates sending you marketing and promotional material via email. You may opt out of receiving these promotional emails at any time by clicking the unsubscribe functioned contained in each email.

  12. Miscellaneous

    1. 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.
    2. The failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of Kogan’s rights.
    3. The laws of New Zealand govern the Terms and any dispute between you and Kogan. Both you and Kogan consent to the non-exclusive jurisdiction of the courts of New Zealand.

 

Postcodes Ineligible for Kogan FIRST

There are currently no ineligible postcodes.

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