Terms and Condition

Acceptance of website Terms and Conditions of Use
By using this website you agree to abide by these Terms & Conditions.  The KONA Group may, without notice, amend or modify its Terms & Conditions by posting the amended Terms & Conditions to this website.

If any of these Terms & Conditions is found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of the Terms & Conditions, which will continue in full force and effect.

Ownership
This website is owned and operated by the KONA Group ABN 71 094 652 267 (hereinafter referred to as “the KONA Group”, “KONACan”, “KONA”, “we”, “us” and “our”)

Intended audience
All information provided on this website has been prepared in accordance with Australian law, and is intended for use by residents of Australia.  Persons residing outside of Australia use this website at their own risk, and should take into consideration the legislative requirements of their country of residence when accessing this website.  Should you choose to purchase services and/or products from the KONA Group you should confirm that doing so will not constitute a contravention of the laws of your country of residence.

Restrictions on Use
All information provided on this website has been provided for personal and non-commercial use.  It is general information only, and should not be relied upon in lieu of professional medical advice.

The information on this website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.  Where the information provided has been developed by the KONA Group, whether in its own right or in conjunction with any third party, that information is based on independent research and the available information at the time of writing.  Inclusion of information on this website or links to third party sites is not an endorsement of any organisation, product or service.

While care has been taken in preparing the content of the material and any other information provided on this website, the KONA Group and its employees, related parties, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators cannot accept any liability, including for any loss or damage, resulting from the reliance on the content, or for its accuracy, currency and completeness.
Any use of KONA Group materials or information by another person or organisation is at the user’s own risk.

Intellectual Property
All KONA Group logos and program names are used under licence by the KONA Group, or are owned by the KONA Group, unless otherwise stated.

All content on this website including logos, brand names, text, photographs, information, statistics, images and other material is protected by copyright, trademark and intellectual property laws in Australia.

The KONA Group logo must not be reproduced or used in any way unless the KONA Group provides its prior approval in writing.

Reproduction of any part of this website without the express permission of the KONA Group is illegal unless otherwise indicated.  Where reproduction is permitted, only one copy of the material may be made, and that copy may only be used for personal or non-commercial purposes.  Where reproduction is permitted you must not amend or edit the material in any way, and the KONA Group asserts its right to be recognised as the author.

Indemnity, Disclaimer & Limitation of Liability
Whilst due care has been taken in the preparation of the content of this website we make no representations regarding the accuracy, currency or reliability of the information provided unless otherwise indicated, and note there may be errors, omissions and typographical errors contained in the material provided.

This website and the material it contains are provided on an as-is basis, and to the fullest extent permitted by law we disclaim all warranties.  In addition we do not warrant that this website is error free or that the website and/or the servers it is hosted on are free of viruses, Trojans or other malicious software.

The KONA Group and its employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators will not be liable for any loss or damage other than that which cannot be excluded by law arising as a result of use of this website or reliance on any information provided on this website.

You agree to indemnify the KONA Group including its employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators from any loss or damage which it may suffer as a result of your use of this website.

KONA Group Programs & Merchandising
The KONA Group runs various programs, events and functions.  Should you choose to participate in or attend any of these programs or events you do so at your own risk.  Should the program or event you choose to participate in involve physical exertion or exercise, we recommend you consult your health care provider prior to commencement to determine the suitability of our program/event to your level of fitness.

KONA Group programs and events may have their own specific terms and conditions, which are separate and in addition to these website Terms & Conditions.  Where an inconsistency exists between the program/event Terms & Conditions and these website Terms & Conditions, the program/event Terms & Conditions will prevail.

The KONA Group may from time to time make available for purchase on its website/s certain KONA Group merchandise (including but not limited to booklets & brochures, training books, apparel, umbrellas, DVDs/Videos, and accessories).

Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) a number of Consumer Guarantees may attach to goods purchased through the KONA Group’s websites from 1 January 2011 onwards.  Should you have any queries or concerns regarding goods purchased through our websites please contact our Customer Service Officer on 1300 611 288 or email info@kona.com.au

Unless otherwise provided for, we expressly limit our liability for breach of a consumer guarantee to the provision of a full refund of the purchase price, or the repair or replacement of the goods or supply of equivalent goods at our sole discretion.

All prices listed on this website include GST where it is applicable.

Hyperlinks, Advertising, Sponsors & Third Party Content
This website may contain the content of third parties (Third Party Content).  This content may include, but is not limited to hyperlinks to external (third party) websites, paid advertisements and mention of program sponsors.  None of these things is to be taken as an endorsement, recommendation or approval of the third party, advertiser or sponsor or their products or services.  The KONA Group accepts no responsibility for the accuracy, currency or suitability or otherwise regarding Third Party Content.  Any use or reliance on such content is at your own risk and the KONA Group does not accept liability for any loss, damage, costs or expenses arising as a result of the use or reliance.

Where hyperlinks to third party websites are provided, the KONA Group makes no claims regarding the suitability or otherwise of the third party’s products or services to your needs, nor does it warrant the third party website is free of viruses, Trojans or other malicious software.

Should you have any queries, concerns or complaints regarding a third party’s website please refer your query, concern or complaint to the third party.

The KONA Group logo must not be reproduced or used in any way unless the KONA Group provides its prior approval in writing.

Should you wish to provide a link to this website from another site you may do so provided you adhere to the following terms and conditions:

Terms and Conditions for providing a link to this website from another site :
Permission is granted to link to this website subject to the following terms and conditions:

1.     No responsibility or liability lies with the KONA Group (or any employee, contractor, associate, agent or servant) for any errors or omissions resulting from use of this website.

2.     Under no circumstances should your site use the link to the KONA Group website to provide specific product or service endorsement or promotion. Nor should the link be placed to imply product or service endorsement or be associated with commercial interests.

3.     The KONA Group reserves the right to withdraw permission to link to this website at any time and the above named organisation agrees to remove any link to this website on receiving such notice from the KONA Group.

4.     No information, in whole or in part, is to be copied from the website without the KONA Group’s prior consent in writing.

 
Privacy Notice
The KONA Group respects and upholds your right to privacy. For further information regarding how we deal with your personal information please see our Privacy Policy

Security of Information
The KONA Group’s Privacy Policy details how your visits to our website are dealt with, and can be viewed at www.kona.com.au/privacypolicy