The Kogan Internet website (koganinternet.com.au) is owned and operated by Kogan.com Holdings Pty Ltd (ABN 87 943 264 807) (Kogan), and contains information from Kogan as well as information about the provision of fixed broadband services via the National Broadband Network provided by Vodafone Hutchison Australia Pty Ltd (ABN 76 096 304 620) and its subsidiaries (Vodafone). You agree that your use of this Website is subject to these Terms of Use. By accessing and/or using this website you agree to these Terms of Use. In these Terms of Use, ‘Us’, ‘We’, and ‘Our’ means Vodafone and Kogan.

REGISTRATION

You may need to be a registered member of Kogan Internet to access certain features of our website. When you register and activate your account, you will provide us with personal information such as your name, email address, identification details and payment details. You must ensure that this information is accurate and current.

PRIVACY

We are committed to adopting the highest standards to protect your personal information.

Where you are a Kogan Internet customer then your contract with Vodafone specifies that Vodafone’s Privacy Policy will govern how Vodafone collect, use and disclose the personal information which it collects about you from us. Please click here to see Vodafone’s Privacy Policy. 

Where you are not a customer of Kogan Internet but you are a user of this website or have expressed interest in Kogan Internet, Kogan may in the course of your use of the site still collect personal information about you. In that case you agree that We may collect, use and disclose that personal information in accordance with the Kogan Privacy Policy, but We agree that We will only use the email address information which you provide to us during your use of the site to send marketing information to you where you have requested such communications.

SECURITY

When you register and activate your account, Kogan and/or Vodafone may provide you with a user name and password. You are responsible for keeping this user name and password confidential and secure and are responsible for all use and activity carried out under this user name and password. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. We request that you promptly report to Kogan any unauthorised use of your password.

CONTENT DISCLAIMER

You agree that in relation to the content displayed on this site – whether provided by Kogan or Vodafone (Content), We do not, nor does any other party who provides Content to this site, make any warranty as to the accuracy, completeness or currency of the Content. As a user of this site, you should make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content.

To the extent permitted by law, We and Our employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission. To the extent that We are prohibited at law from excluding its liability, We and each party providing Content limits its liability to the extent permitted by law, to the resupply of the Content. We do not accept responsibility for any liability in respect of access to other content through the use of this site. We may, from time to time and without notice, change or add to the website (including these Terms of Use) or the information, products or services described in it. By continuing to use the updated website you will be deemed to have accepted the updated Terms of Use.

INTELLECTUAL PROPERTY

Unless otherwise indicated, We own or licence from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). You are authorised to view the material on this site and its Content but must not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website without our prior written consent.

This site contains registered trade marks and trade marks which are the subject of pending applications or which otherwise are protected at law. Unless otherwise indicated, the trade marks are owned by Kogan or Vodafone and may have protection under the laws of other countries. The Kogan Internet trade marks are owned by Kogan.com Holdings Pty Ltd and licensed to Vodafone. You are not permitted to use the Vodafone or Kogan trade marks without our prior written consent.

THIRD PARTY SITES

This site contains links to third party sites. We are not responsible for the condition or the content of those sites. The link (s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site (s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. We do not represent that the content or services available from third party sites are appropriate or available for use in all parts of Australia. If you access other content or services from third party sites, We are not responsible for your compliance with local laws or other applicable laws.

APPLICABLE LAW

By accessing this site, you accept that any disputes about this site or the Content with Vodafone will be in accordance with its Standard Form of Agreement. Any disputes with Kogan are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State. This site may be accessed throughout Australia and overseas. We make no representation that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

CONFIDENTIALITY

We do not guarantee that your use of this site will be confidential. We are not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this site. Any information that you disclose on this site:

  • May be used by Us, our agents and contractors in relation to the provision of Services accessible on this Site, including the marketing of those services.
  • May not be secure during its transmission over the internet. Third parties may be able to intercept transmissions which make when using this site.

 
NO COMMERCIAL USE

This website is for your personal, non-commercial use only. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

UNACCEPTABLE ACTIVITY

You must not, and you must not enable another person to, do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws or regulations, including but not limited to:

  • Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of others;
  • Using the website to defame us, our employees or other individuals;
  • Uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • Posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. If we allow you to post any information on our website, we have the right to take down this information at our sole discretion and without notice.