Terms of Use

Access to and use of the www.kogancars.com.au site (“Kogan Cars Website”) and the products and services available through this site are subject to the following terms of use. By using the Kogan Cars Website, you agree to be bound by these Terms of Use.

This Website Terms of Use and Security and Privacy Statement (“Terms of Use”) applies to the Kogan Cars Website which is operated by Eclipx Group Limited (ABN 85 131 557 901) (“Eclipx Group”) under the domain name “kogancars.com.au".

‘Our’, ‘Us’ and ‘We’ refers to the Eclipx Group, Kogan.com Pty Ltd, ABN 75 125 684 184, of 139 Gladstone Street, South Melbourne, VIC, 3205, Australia and its related bodies corporate. The words ‘you’ and ‘your’ refer to users of the Kogan Cars Website.

This Terms of Use may also apply to services offered by Eclipx Group on Websites hosted by third parties. If so, express reference to this Terms of Use will be made on those Websites.

 

Website Terms of Use

 

Third Party Software

Unless otherwise indicated software downloads available via links from the Kogan Cars Website are third party products. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law,  we accept no liability in respect of such third party products and provide no warranty and gives no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning these products.

 

Eclipx Group Product Information and Supply

Material on the Kogan Cars Website may contain general information about Eclipx Group products and services. Unless expressly stated otherwise, this information:

  • does not constitute an offer or inducement to enter into a legally binding contract; and
  • does not form part of the terms and conditions for Eclipx Group products and services.

Warranties

Information on the Kogan Cars Website is subject to change. We make every effort to ensure all information on the Kogan Cars Website is correct, however, we do not warrant the accuracy or completeness of that information. Information is general in nature and does not constitute financial or tax advice. Independent financial and/or tax advice should be sought.

We do not guarantee that the Kogan Cars website or third party websites will be free from viruses, or that access to the Kogan Cars website or third party websites will be uninterrupted.

 

Limitation of Liability

To the extent permitted by law, we will not be liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to material on the Kogan Cars Website or to third party material, whether in contract, tort including negligence, statute or otherwise.

The material on this site is published by us and is intended for use in Australia. The site is not intended for use outside Australia. We make no claim that the information contained on this site is appropriate or may be downloaded legally outside Australia. If you access this Kogan Cars Website from outside Australia, you do so at your own risk and you are responsible for compliance with the laws in your respective jurisdiction.

The information, materials and services contained on this site are provided to you as is, and as available. To the maximum extent permitted by law, unless otherwise specified, we disclaim all representations and warranties of any kind, whether express, implied or statutory. In addition, we do not warrant, guarantee or make any representations regarding the security of accounts, or that this site is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage. We also do not warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free

 

Use of Content 

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Kogan Cars Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Kogan Cars Website (Content).

Your use of this Kogan Cars Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Kogan Cars Website or the Content. However we do grant you a licence to access the Kogan Cars Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Kogan Cars Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy of any pages for the purpose of viewing the Content for your own personal use.

All other use, copying or reproduction of this Kogan Cars Website, the Content or any part of it is prohibited, except to the extent permitted by law.

All trade names, brand names, trade symbols, logos, slogans, trademarks or services marks are trademarks or proprietary interests of us. There are other trade names, brand names, trade symbols, logos, slogans, trademarks, service marks, brand names, company names, logos, slogans, trademarks or service marks indicated on the Website that are the property of their respective owners.

 

Termination

These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the Kogan Cars Website) and your access to the Kogan Cars Website may be terminated at any time by us without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by us will survive termination, however, you will no longer be authorised to access the Kogan Cars Website.

 

Security and Privacy Statement

We understands and appreciates that you, as a Kogan Cars Website visitor, are concerned about your privacy and about the confidentiality and security of information we may gain about you online. We are committed to protecting your privacy. This Eclipx Group Security and Privacy Statement explains how your personal information will be treated as you access and interact with the Kogan Cars Website.

As the Kogan Cars Website develops and as technology evolves, Eclipx Group will continue to strive to provide you with better and more customised services and with a more effective Website. Eclipx Group encourages you to review the Eclipx Group Security and Privacy Statement periodically because the Security and Privacy Statement may change from time to time.

In addition to the provisions of this Security and Privacy Statement, there may also be specific and additional privacy provisions which apply to certain sections of the Kogan Cars Website. Because those specific and additional provisions also relate to your privacy protection, you should review them wherever they are accessible by you on the Kogan Cars Website. In the event of any inconsistency between the provisions of this Security and Privacy Statement and those other specific and additional provisions, the specific and additional provisions will prevail.

 

Security of information

We take reasonable steps to preserve the security of cookie and personal information in accordance with the Kogan Cars Website Terms of Use and this Security and Privacy Statement. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or insecure (unencrypted).

Eclipx Group regularly reviews developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us or from our online products or services and you do so at your own risk. Once we receive your transmission, we take reasonable steps to preserve the security of the information in our own systems.

 

Information Collected

Cookies

We use “cookies” as a fundamental part of our interaction with your Internet browser. The purpose is to provide you with better and more customised service and with a more effective eebsite.

A “cookie” is a small text file placed on your computer by our web page server. A cookie can later be retrieved by our Web Pages servers. Cookies are frequently used on Websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser.

Eclipx Group use cookies for two different purposes. We allocate a cookie to each Internet browser that visits the Kogan Cars Website. This cookie does not allow us to collect personally identifiable information about you. We use this cookie:

  • to allocate a Kogan Cars identification number to your Internet browser (but we cannot identify you from this number):
  • to determine if you have previously visited the Kogan Cars Website;
  • to identify pages you have accessed and Third Party Websites you have accessed;
  • for security purposes.

Most of the Kogan Cars Website operates by using this type of cookie. Accordingly, if you wish to make full use of the Kogan Cars Website, it is required that you accept cookies.

 

Advertiser Cookies

As you browse www.Kogancars.com.au, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with www.Kogancars.com.au. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit this page to opt out of AdRoll and their partners’ targeted advertising.

Third party vendors, including Google, may display ads based on your prior visit to the Kogan Cars Website. You can opt out of Google’s use of cookies by visiting the Google’s advertising opt-out page.

 

How We Handle Email

We will preserve the content of any e-mail that you send us if we believe that we have a legal requirement to do so. Your e-mail message content may be monitored by our employees for security issues including where e-mail abuse is suspected; our response to you may be monitored for quality assurance issues.

 

Acceptance and Changes to Internet Privacy Statement

You acknowledge and accept that your use of the Kogan Cars Website indicates your acceptance of these Terms of Use and the Security and Privacy Statement.

This is the current Security and Privacy Statement. It replaces any other Security and Privacy Statement for the Kogan Cars Website published on the Kogan Cars Website to date. We may at any time vary the Security and Privacy Statement by publishing the varied Security and Privacy Statement on the Kogan Cars Website. You accept that by doing this, we have provided you with sufficient notice of the variation.