Terms of service

Table of Contents

Section 1 - User Agreement
Section 2 - Registration
Section 3 - Legal Capacity
Section 4 - Supply of Services to you / Termination
Section 5 - Disclaimer
Section 6 - Use of Services by you
Section 7 - Information on this Website
Section 8 - Orders
Section 9 - Price
Section 10 - Payment
Section 11 - Supply of Product (Shipping)
Section 12 - Risk and Title
Section 13 - Order Returns / Change of Mind / Refunds / Guarantee
Section 14 - Statutory Conditions and Warranty / Refunds
Section 15 - Computer Hardware - Consequential loss
Section 16 - Links to Third-Party Websites
Section 17 - Intellectual Property
Section 18 - Transfer and Assignment
Section 19 - Indemnity
Section 20 - Force Majeure
Section 21 - Applicable Law
Section 22 - Waiver
Section 23 - Privacy and Personal Information

1 User Agreement

1.1

By visiting and/or using the khe.com.au website, associated services and functionality ("the website") you agree to be bound by this user agreement ("agreement").

1.2

This agreement is formed between you and The Trustee for Karaoke Home Entertainment ABN 90 965 670 247 Trading as Karaoke Home Entertainment Pty. Ltd. ACN 080 310 130 ("us", "our", "we", “KHE”). "you", "user", "member" and "visitor" means anyone who visits this website.

1.3

If you do not agree to any provisions of this agreement, you must not use the website khe.com.au or any of the other website domain names that we operate including:

acnos.com.au ;
homeofkaraoke.com.au ;
kbeatbox.com.au ;
khe.au ;
maxkaraoke.com.au ;
mp3g.com.au ;
magicsing.com.au ;
mp4000.com.au and
vietnamesekaraoke.com.au

which all point to specific products and or services on the main khe.com.au website.

1.4

We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes.

We are not obliged to notify you of any changes, but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.

2 Registration

2.1

In order to make purchases and access some features of the website, you will need to be a registered member. Though we also have the limited function express check out option, which will not create a registered account, but you can convert an express order into a registered account later if you so choose.

2.2

You may not use another member's account without permission.

2.3

When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.

2.4

We recommend not using your real name as your username.

2.5

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

2.6

If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.

3 Legal Capacity

3.1

By making an on-line purchase you accept these terms and conditions and acknowledge that you:

Are over eighteen (18) years of age, and/or
Are entering into a legal contract with us.

3.2

Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

4 Supply of Services to you / Termination

4.1

We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (i.e. alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.

4.2

We may stop (temporarily or permanently) providing access to the website to you, or to visitors or members generally, at our discretion and without prior notice to you.

4.3

We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

5 Disclaimer

5.1

We will provide services with due care and skill, but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

Errors, mistakes or inaccuracies on the website;
You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
Personal injury or property damage of any nature resulting from your access to, and use of, the website;
Any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
Any interruption or cessation of transmission to or from our website;
Any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
The merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products and services.

5.2

We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address.

The only authorised access points or domain names are as listed in section 1.3 which all point to the secure server of https://www.khe.com.au.

5.3

Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:

In the case of goods:
The replacement of the goods or the supply of equivalent goods;
The repair of the goods;
The payment of the cost of replacing the goods or of acquiring equivalent goods; or
The payment of the cost of having the goods repaired; and
In the case of services:
The resupply of our services, or
The payment of the cost of resupply of our services.

6 Use of Services by you

6.1

You agree to use the website only for purposes that are permitted by:

This agreement;
Any applicable law or regulation; and/or
Generally accepted practice or guidelines.

6.2

You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.

6.3

You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.

6.4

You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.

6.5

You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.

6.6

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

7 Information on this Website

7.1

Information about products (i.e., goods and services) on the website is based on material provided by suppliers and product manufacturers.

7.2

You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.

7.3

You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

8 Orders

8.1

Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.

8.2

Orders placed by you are offers to purchase particular product under the terms and conditions in this agreement at the price specified (including delivery and other charges).

8.3

We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.

In the event that we cancel your order, we will provide a full refund of any payment received via the same method of payment originally used.

8.4

You may cancel your order only if we have not started processing it. If your order has shipped, we reserve the right to apply a cancellation and re-stocking fee of up to 20% to cover costs incurred.

Please contact us on 1300 550 630 or +61 3 8900 9640 immediately if you need to cancel any order.

If your goods have already been delivered, then the cost of the return will be at your sole expense.

8.5

If you find the products are either damaged, defective, or missing items in your order, please make contact with us as soon as possible so we can rectify the issue for you.

9 Price

9.1

The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.

9.2

Prices are current at time of display but are subject to change.

10 Payment

10.1

All payments must be received in full prior to dispatch.

We have various secure encrypted payment methods available including Credit Cards (Visa, MasterCard, American Express, JCB), O Pay, Apple Pay, Google Pay, PayPal, Bank Deposit (EFT) and Buy Now Pay Later (BNPL) service providers from; Humm, Afterpay and Klarna which are all available during the online checkout process.

Availability of the various payment methods as detailed here within are subject to change without notice.

10.2

If your payment is not received or declined by your bank, credit card issuer or buy now pay later (BNPL) service provider we cannot hold product against your order after 24 hours.

11 Supply of Product

11.1

Subject to this agreement, we will supply to you the products shown on your order confirmation.

11.2

Most products and services listed on our website (excluding Karaoke CD+G and DVD discs) include free standard shipping inclusive of the price listed to you within most areas of mainland Australia (Including Tasmania).

For larger items being delivered to NT, QLD, and TAS, a contribution shipping charge may apply. Where applicable, this charge will be clearly displayed during checkout. This contribution allows us to continue offering delivery to these locations, as freight costs for larger items to these regions can be significantly higher.

Some (remote, regional and or country areas) may still be subject to additional delivery charges and some products maybe not available to be delivered to your specific address due to size or weight restrictions (as detailed in section 11.13) all other Australian territories (i.e., Christmas Island, Lord Howe Island etc.) are excluded and additional shipping charges will apply and will be quoted on a case-by-case basis and these quotes will be valid for 3 business days only).

For all other Australian territories, we strongly recommend that you contact us on 1300 550 630 or +61 3 8900 9640 us prior to placing your online order so you can provide you with an accurate shipping quote, this also saves having to refund the transaction if the quote exceeds your budget.

Free shipping also doesn’t in anyway imply that there is no cost associated with shipping your order to you, merely that the cost is inclusive of the purchase price being paid and has not been disclosed here separately.

Furthermore, and subject to section 13.3 for “Order Returns / Change of Mind” any such shipping charge incurred by us in delivering your order will be deducted using the restocking fee mechanism.

11.3

You understand that we will use our best endeavours to dispatch your order within 1-2 business days, most orders placed before 12pm AEST will ship same day where possible. We however do not guarantee this dispatch time frame due to unexpected delays beyond our control.

11.4

All electronic equipment orders will be shipped with an online tracking number so you can follow the progress of your order with the respective shipping provider. Other items ordered may or may not have an online tracking number.

Any tracking number will be emailed when your order is ready and awaiting pickup by the chosen shipping provider.

11.5

You further understand that couriers do not provide a specific delivery time or date and will not call you prior to making your delivery, and it is your responsibility to be present during business hours and to provide safe easy access to your premises (i.e., no locked gates etc.) to the shipping provider so they can affect delivery to you.

11.6

All orders ship from our Dandenong South, Victoria 3175 warehouse and delivery times will vary depending on your location within Australia, the online tracking details provided will show the estimated time of arrival (ETA) for your order, this of course is subject to change and is beyond our control.

Estimated Delivery Times To be used as an average guide only.

For VIC / SA / NSW / ACT (2-3 Business Days)
For NSW (Regional) (4-10 Business Days)
For TAS (3-7 Business Days)
For QLD (Brisbane Metro) (3-4 Business Days)
For QLD (All other areas) (4-10 Business Days)
For NT (7-14 Business Days)
For WA (7-14 Business Days)

11.7

You may also receive emails or SMS text messages regarding the progress of your order from the shipping provider as your order progresses with them, this provides insight of when you can expect the delivery to occur.

11.8

You also understand that the shipping provider may charge you for a redelivery attempt (if not home and not safe to leave your order) or redirection of your order to an alternate delivery address once in transit, any additional chargers (if applied by the shipping provider) to your order will be your sole responsibility to pay them.

11.9

We can only make changes to your delivery address provided at time of order if your goods have not been collected by the shipping provider without additional shipping costs being incurred.

Please call 1300 550 630 / +61 3 8900 9640 as early as possible so your order held and is not booked in for collection.

Thereafter, your request must be emailed to info@khe.com.au detailing the original order number, purchaser name/s, shipping addresses, phone number/s and email address along with the new shipping details.

We reserve the right the decline any redirection requests and your order maybe cancelled and refunded prior to shipping.

Though we can request re-direction on your behalf for your order once shipped we do-not recommend this option as parcels have greater chance of getting lost or severely delayed and or even damaged due to additional handling.

If redirection is instigated it will be done so entirely at your own risk (as per section 12.3) you immediately assume liability and responsibility for any lost parcels, delays and even damage to the goods without prejudice or recourse to KHE for any such loses.

Some if not all shipping providers will charge for redirection, even if within the same state or same suburb and any such charge will be payable by the you the recipient of the order prior to any formal request being made by KHE upon the shipping provider, without payment for redirection the orders delivery address will not be changed.

It is not uncommon for the shipping provider to recharge the original shipping amount again or to even charge more than the original shipping amount to cover their costs of redirection and KHE will not cover any additional redirection charges whatsoever.

As stated in section 11.2 shipping charges are inclusive of the price paid and not disclosed when your purchase is made, however KHE will provide you with not only the original shipping invoice paid for your order, but will also provide you the redirection invoice as proof of all costs incurred and due for redirection to be completed as per your request.

11.10

We do allow personal pick up from our Dandenong South Victoria 3175 warehouse strictly by appointment only, please call 1300 550 630 prior to placing the order to make these arrangements.

Proof of purchase (copy of the online order) and matching government issued photo identification must be provided in order for the order to be released.

If this cannot be provided, we recommend that you make an appointment and purchase the goods in our showroom and pay on the day of collection.

11.11

The shipping providers Proof of Delivery (POD) which states information like the (date and time and sometimes where available but not specifically required for POD the name of the person accepting the delivery at the address as listed on your order) will be hereby mutually agreed that your order has been successfully delivered and you are now in possession of your order and the transaction is complete.

11.12

Packing slips are provided for all equipment orders, however if you require an Australian Government approved Goods and Services Tax (GST) Tax Invoice, please email info@khe.com.au.

Either your Online Order # or Tax Invoice can be used as proof of purchase in the event of any warranty claim. Failure to provide this information may void any warranty claims in the future.

11.13

We reserve the right to cancel and refund any order within 3 business days if we cannot arrange for shipping to your address under the following conditions:

Some products unfortunately may not be available to be delivered to your area within mainland Australia (Including Tasmania) due to physical size and or weight restrictions imposed by couriers and or freighting companies.
Some products base cost of delivery to (remote, regional and or country areas) can far exceed even the total price of the product being purchased, let alone the allocated average transport dollar amount predetermined by us to affect delivery to most populated areas within mainland Australia (Including Tasmania) for all our products.

In these cases we are unable to provide the inclusive (Free Shipping) for (remote, regional and or country areas) we may be able to arrange specialist delivery for you, but at an additional cost to you, we will in these cases quote you specifically how much extra would be required to affect delivery to this address, this quote will be valid for 3 business days and if accepted must be paid within 3 business days by EFT Bank Transfer, Credit Card or PayPal.

We can only determine this once your shipping address details are known to us either by:

You calling us on 1300 550 630 / +61 3 8900 9640 or by email info@khe.com.au before you place your order with us.
Or once the online order has been placed detailing the shipping address.

If you decide not to proceed with the order once quoted for shipping, or if we determine we cannot affect delivery to you, we will cancel and refund the order within 3 business days as stated in section 14.4.

Please also see points 14.2 and 14.3 of our Terms of Service before accepting quote.

12 Risk and Title

12.1

We retain ownership of goods until payment is received in full.

12.2

Risk in goods, such as loss or damage, passes to you upon delivery as stated in section 11.11.

12.3

Risk in goods, such as loss or damage, passes to you entirely if you requested redirection of your order whilst it was in transit with the shipping provider without prejudice or recourse to KHE for any such loses and will be treated as delivered by KHE.

13 Order Returns / Change of Mind / Refunds / Guarantee

13.1

Customer satisfaction is our top priority. Please choose carefully and feel free to ask any questions before making a purchase to ensure the product meets your needs and expectations.

If you are new to karaoke, visiting our Start Here page to choose the best solution for your needs, we strongly recommend reading the KHE Karaoke Buying Guide before deciding to purchase anything.

Please do not assume features or performance. If you are unsure, it is your responsibility to confirm before purchasing. We do not offer refunds or exchanges simply because you changed your mind, or because the product was not what you expected or assumed it would do.

Our goal is to help you choose the correct product the first time. Simple questions can save everyone time and money. Assistance is available via Live Chat or by calling 1300 550 630.

Additional helpful articles—including model comparisons, karaoke terminology, and guides to our most popular systems—are available on our website.

13.2

We do not refund or accept returns for the following items due to copyright, registration and licensing restrictions:

CD+G/DVD karaoke discs
Digital products (e.g., PDF e-books, firmware upgrades)
PCDJ Karaoki software (disc or download)
PCDJ Karaoki hosting package deals (with or without laptop)

13.3 – “Special Condition for Returns and Refunds”

We reserve the right to refuse any request for a product return (as per sections 13.1 and 13.2). Any approved return under this Special Condition is only accepted within 30 days of the original purchase date and excludes all items listed in section 13.2.

All returns must first be approved by Karaoke Home Entertainment (see section 13.5) and must include all items originally supplied, such as manuals, cables, microphones, and accessories. Products must be returned in their original packaging and in 100% saleable condition.

The cost and risk of returning goods is the purchaser’s responsibility, including any loss or damage in transit. We strongly recommend careful packaging and using a tracked postal or courier service.

All approved returns are subject to a final inspection upon arrival (see section 13.6). We reserve the right to refuse the return if the condition does not meet the requirements outlined in this section. If refused, return shipping back to the purchaser is at their expense and must be paid before dispatch.

If the return is accepted, the purchaser will be offered either a store credit or refund (as per section 14.4).

A minimum 20% restocking fee applies to all approved returns. This fee is tentative and may change depending on the final inspection. The applicable fee will be confirmed prior to the goods being returned.

Before any refund is issued, the purchaser must email info@khe.com.au confirming their name, address, original invoice number, and written acceptance of the restocking fee and refund amount.

13.4

Subject to section 14.3, a refund option is available for any order found to be DOA if requested by you. Items listed in section 13.2 will be repaired, replaced or resupplied once examined by us.

13.5

Please call 1300 550 630 / +61 3 8900 9640 or email KHE at info@khe.com.au to obtain a Return Authorisation Number (R.A.N.). Returns or Swaps cannot be accepted without one.

13.6

Authorised returns (with a valid R.A.N.) may be sent to either of the following addresses. Please include your name, address, telephone number, tax invoice, and a description of the issue.

We strongly recommend using tracked shipping.

Postal
Karaoke Home Entertainment
P.o. Box 38 (Webb Street)
Narre Warren VIC 3805

Warehouse
Karaoke Home Entertainment
Unit 2, 415 Hammond Road
Dandenong South VIC 3175
Deliveries accepted Monday–Friday, 9:15am–4:00pm.

13.7 Love It or Swap It Guarantee

The Love It or Swap It Guarantee applies exclusively to purchases of Kbeatbox, Soncamedia, Acnos and Sonken karaoke equipment directly from Karaoke Home Entertainment website. It does not apply to digital products (e.g., PCDJ Karaoke software or laptop configurations), karaoke discs, or accessories.

13.7.2 Eligibility

The purchaser may request a swap within 30 days of the original purchase date.

The product is returned in as-new condition, including all original packaging, manuals, and accessories.
Only one swap per original transaction is permitted.

13.7.3 Swap Procedure

The purchaser must obtain 'Swap' approval as listed in section 13.5.
Once approved the purchaser may deliver the product to the KHE as listed in section 13.6 (by appointment) or ship it back at their own cost and risk.
If the replacement product is of higher value, an invoice for the difference will be issued.
If the replacement product is of lower value, KHE will refund the difference to the purchaser.
Additional shipping charges for returning the replacement product to the purchaser may apply.

13.7.4 Conditions

Items that are damaged, incomplete, or otherwise unsuitable for resale may be refused under this guarantee, or a restocking fee, as outlined in section 13.4 (20%), may apply if accepted.
The purchaser is responsible for handling products with care to ensure they remain in resalable condition.

13.7.5 General

This guarantee is provided in addition to any statutory rights under the Australian Consumer Law. KHE reserves the right to amend or withdraw this policy at any time.

14 Statutory Conditions and Warranty / Refunds

14.1

The Trade Practices Act 1974 (Cth) implies into all consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted, or modified. These are in addition to any voluntary warranties offered by the manufacturer. Under the statutory warranty:

14.2

A 12-month standard warranty applies from the purchase date unless otherwise stated. General wear and tear and any user-caused damage are excluded.

Click here to see additional details of manufacturer's warranty terms and conditions, including specific coverage under the warranty period.

For warranty claims, please contact us first (1300 550 630 / +61 3 8900 9640 or by email info@khe.com.au) as many issues can be resolved without returning the product.

Return shipping (after 30 days from purchase date) is at the purchaser’s expense within mainland Australia (including Tasmania), except in cases where additional shipping charges applied at point of sale (see section 11.12).

Customers in Australian Territories (e.g., Christmas Island, Lord Howe Island) are responsible for all return and resupply shipping costs. Quotes are provided on a case-by-case basis and valid for three business days.

In all other cases, we will cover return shipping within mainland Australia (including Tasmania).

14.3

If your product arrives damaged, defective, or DOA, you are entitled to a full refund if you choose. We will cover return shipping within mainland Australia (including Tasmania), except where additional regional/remote charges applied at point of sale (section 11.12). In those cases, shipping costs are the purchaser’s responsibility.

For customers in Australian Territories, all return shipping costs are the purchaser’s responsibility.

We can also send a replacement unit once the faulty product has been returned and the issue confirmed. This is at no additional cost within mainland Australia except where section 11.12 applies.

You will also receive an additional 6-month warranty extension for the inconvenience.

Refund processing only begins after the goods have been received at a location listed in section 13.6.

All returns are inspected within 7 days of receipt and must include all original accessories.

Claims should be submitted as soon as possible.

14.4

Refunds are issued using the same payment method used for the original purchase.

We will process your refund within 3 business days and notify you once completed.
Your merchant provider may take additional time to release the funds, as per their policies.

14.5

>To minimise DOA issues (section 14.3), we reserve the right to carefully open and test products before dispatch to ensure full functionality and no cosmetic or operational defects.

14.6

Items sold as refurbished, ex-display, or T2 (trade second) will list any known defects in the product description.

All normal warranty conditions apply except for the listed defects.
By placing an order for such items, you accept their stated condition.

15 Computer Hardware - Consequential loss

15.1

You understand and acknowledge that:

Storage media (such as hard drives) can fail without warning and if this occurs, programs, data or other information ("software") stored on the media may be at risk of corruption or irrecoverably lost.

15.2

If you purchase storage media from us, whether separately or as a part of a larger electronic or computing product, it is your responsibility to guard against loss or damage to software stored on the media and to implement strategies for the safe keeping of software.

15.3

We recommend that you regularly back up software stored on the media.

15.4

In the event that storage media purchased from us becomes faulty, fails or otherwise detrimentally affects software stored on it, we will not be liable for any loss or damage, howsoever arising.

15.5

If you return media, whether separately or as a part of a larger electronic or computing product, to us for any reason, including replacement or repair, we will not be responsible for any data stored on the media. We make no representation that we will be able to repair any product or make a product exchange without risk to or loss of software.

16 Links to Third-Party Websites

16.1

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties, and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third-party websites, content or resources and we are not responsible for the material contained therein.

17 Intellectual Property

17.1

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

17.2

Other trademarks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.

17.3

You may not modify or copy the layout or appearance of the website, nor any computer software or code contained on the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.

17.4

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.

18 Transfer and Assignment

18.1

In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

19 Indemnity

19.1

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

20 Force Majeure

20.1

We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

21 Applicable Law

21.1

This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the nonexclusive jurisdiction of the courts of the State of Victoria, Australia.

21.2

If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

22 Waiver

22.1

If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be affective if it is in writing and signed by us.

23 Privacy and Personal Information

23.1

We do not collect personal information if you only browse this website.

23.2

When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.

23.3

All online payments are encrypted and securely processed by;

Shopify Merchant Services (for Credit Cards);
External third-party service providers like PayPal, Humm, Afterpay and Klarna.

We cannot see and our website does not store your credit card details, we only see the payment method used for your order.

Please check the websites for all third-party payment providers for their privacy policies and security measures.

23.4

Our server may log details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.

23.5

We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and information about the products sold by us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.

23.6

We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:

You have consented;
You would expect us to or we have told you we will;
It is required or authorised by law;
It will prevent or lessen a serious and imminent threat to somebody's life or health; or
The disclosure is reasonably necessary for law enforcement.

23.7

You may request us to remove your personal information from our database by emailing us or using the contact form on the website.

23.8

Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our FAQ or by writing to us at info@khe.com.au.