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Kiddi® Interactive Smart Table —Terms & Conditions (Australia)
revised August 26, 2025.
These Terms govern the sale and delivery of the Kiddi® products (the Goods). Support services are governed by a separate Support Service Agreement.
1. Definitions and Interpretation
1.1 Seller means Kiddi®, ABN 81 006 924 867, PO BOX 625 Endeavour Hills VIC 3802 (“Kiddi®”, “Kiddi”, “we”, “us”), and includes our successors and assigns, and any person acting on our behalf and with our authority.
1.2 Buyer means the person or entity purchasing the Goods, and any person acting on behalf of and with the authority of the Buyer, and includes (as applicable): (a) where there is more than one Buyer, each Buyer jointly and severally; (b) where the Buyer acts as trustee, the Buyer in its capacity as trustee of that trust; and (c) the Buyer’s executors, administrators, successors and permitted assigns.
1.3 ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.4 Business Day means a day other than a Saturday, Sunday or public holiday in Victoria.
1.5 Order means the Buyer’s accepted quotation, purchase order or online order and our corresponding order confirmation/invoice.
1.6 PPSA means the Personal Property Securities Act 2009 (Cth).
1.7 Specifications means our published specifications current at the Order date.
1.8 Goods means all Kiddi® products supplied (or to be supplied) by us to the Buyer at the Buyer’s request from time to time. (For clarity, remote support services are governed by a separate Support Service Agreement and are not “Goods” under these Terms.)
1.9 Confidential Information means information of a confidential nature, whether oral, written or electronic, including these Terms or any contract formed under them, either party’s intellectual property, operational information, know‑how, trade secrets, financial and commercial affairs, contracts, client information, and Personal Information, and pricing details; but excludes information that is public (other than through breach) or independently developed.
1.10 Personal Information has the meaning given in the Privacy Act 1988 (Cth) and includes (where applicable) a person’s name, address, date of birth, occupation, driver’s licence details, electronic contact details and other contact information.
1.11 Price means the amount payable (plus any GST where applicable) for the Goods as agreed between Kiddi® and the Buyer.
1.12 GST means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.13 Contract means the legally binding agreement formed when an Order is accepted under these Terms.
1.14 Interpretation. Headings are for convenience only and do not affect interpretation. A reference to a statute includes subordinate legislation and amendments/re‑enactments.
2. Acceptance and Pre‑Contract Matters
2.1 Acceptance. You are taken to have accepted and be bound by these Terms when you place an Order or accept delivery of the Goods.
2.2 Precedence and Inconsistency. If there is any inconsistency between these Terms and any other document and/or any verbal or informal communications (including guidance or instructions provided by phone, in person, email, messaging or social media), these Terms prevail, unless we expressly agree otherwise in a written instrument signed by an authorised officer of Kiddi® that states it overrides these Terms. Nothing in this clause limits your non-excludable rights under the ACL or excludes liability for misleading or deceptive conduct.
2.3 No reliance on unwritten statements. You acknowledge that you have not relied on any representation, warranty or statement not expressly set out in these Terms or a Quote/Order/invoice, except to the extent such reliance is protected by the ACL. Any advice or guidance we provide is general in nature and does not vary these Terms unless confirmed as described in 2.2.
2.3 Amendments. Any amendment must be in writing and signed/approved by both parties (including by electronic signature in accordance with the Electronic Transactions Act 2000 (Vic)).
2.4 Advice. Any advice or information provided by us about the Goods is given in good faith and based on our knowledge and experience. You are responsible for confirming suitability for your intended use.
2.5 Credit. Supply on credit (if offered) only takes effect once you complete our credit application and we approve a credit limit. If an Order would exceed your limit or you are outside terms, we may refuse delivery or require alternative payment.
2.6 Availability. Supply of Goods is subject to availability. If Goods are unavailable or change materially in cost, we may propose alternatives and adjust price/dates on notice. You may reject the change within 5 Business Days and cancel the undelivered items for a full refund of amounts paid for those items (for custom/made-to-order Goods, we may deduct our reasonable, non-recoverable costs incurred). Nothing in this clause limits your non-excludable rights under the ACL.
2.7 Suitability. You are responsible for ensuring the Goods ordered are suitable for their intended purpose.
2.8 Electronic signatures. Electronic execution and acceptance are valid and binding if effected in accordance with section 9 of the Electronic Transactions Act 2000 (Vic) (or any equivalent applicable legislation and regulations).
2.9 Website content. Content on our website is provided for general information only and is subject to change without notice.
2.10 Accuracy of information. While we use reasonable efforts to keep information accurate and up to date, we do not warrant or guarantee the accuracy, completeness or suitability of information or materials on our website for any particular purpose. You acknowledge such information may contain inaccuracies or errors, and to the fullest extent permitted by law we exclude liability for any such inaccuracies or errors. Nothing in this clause limits your non‑excludable rights under the ACL.
2.11 Changes to these Terms (prospective). We may modify, alter or update these Terms from time to time. Changes take effect prospectively and are binding for subsequent Orders/visits after publication. Any change to an existing accepted Order/Contract requires agreement in accordance with clause 2.3.
2.12 Agreement between Customer and Seller (Website orders only).
2.12.1 Offer & acceptance. When you place an order for products on our website, you make an offer to purchase the products. We accept your offer when we send you an order shipped (or order accepted/confirmed) email.
2.12.2 Contract formation. A contract for the sale and supply of Goods is formed when (a) you have made payment in full (including any applicable delivery charges) on the website for the Goods in your cart; and (b) the Order is accepted and confirmed by us. (Dispatch still occurs only after cleared funds—cf. 7.2.)
2.12.3 Electronic instructions. You acknowledge that order transmissions or payment confirmations sent via electronic instructions may not be received by us for reasons beyond either party’s reasonable control (including mechanical, software, computer or electronic failures, or third‑party platform failures).
2.12.4 Processing of completed orders. We may process completed orders issued through the website without further consent or reference to you.
2.12.5 Authenticity of orders. We may treat orders issued through the website as authentic and are not obliged to investigate the identity of persons placing orders or to verify the accuracy of electronic transactions.
2.12.6 Non‑acceptance & refunds. If your Order is not accepted, we will notify you as soon as reasonably practicable by email or telephone and arrange a full refund of any payment you have made.
2.12.7 Stock indications. Any indication of stock levels displayed online reflects the last known stock position and is subject to change.
2.13 Agreement for Purchase Orders (Offline orders only)
2.13.1 Offer & acceptance. A Buyer’s purchase order (PO) constitutes an offer to purchase the Goods on these Terms. A binding contract is formed only when we accept the PO in writing (by issuing an order confirmation/invoice with an order number) or by commencing fulfillment, whichever occurs first.
2.13.2 Quote linkage & validity. POs referencing a quotation are subject to the quote validity in clause 3.1. If a PO is issued outside any stated validity, we may adjust price, delivery dates and terms per clause 3.2. If the PO quantity is lower than quoted, we may requote per clause 3.3.
2.13.3 Mandatory PO details. POs must include: legal entity name and ABN, bill-to and ship-to addresses, contact details, SKU/description, quantities, unit price, total, currency (AUD), GST treatment, requested delivery date/window, freight instructions, and any reference to our quotation number. Missing/incorrect details may delay acceptance.
2.13.4 Priority of terms. These Kiddi® Terms govern all POs. Any Buyer terms on or attached to a PO (including pre-printed terms or links) are rejected and do not apply unless expressly agreed in a written instrument signed by Kiddi® (cf. 21.1 and 21.2).
2.13.5 Contract formation & payment condition. Contract forms upon our written acceptance under 2.13.1. Notwithstanding acceptance, dispatch and delivery occur only after full cleared funds are received (cf. 6.4.2 and 7.2).
2.13.6 Variations. Any Buyer-requested change (items, quantities, specifications, delivery window, ship-to, etc.) is a variation requiring our written agreement and may adjust price and lead time per clauses 3.6–3.7 and 6.2.
2.13.7 Electronic instructions. POs or confirmations transmitted electronically may not be received for reasons beyond either party’s control (system failures, third-party platforms). We may treat POs received via your nominated channels as authentic and may process them without further consent (cf. 2.12.3–2.12.5).
2.13.8 Lead times & delivery windows. Lead times commence from receipt of cleared funds and our order confirmation (cf. 7.2–7.3). Delivery windows are estimates only (cf. 7.3.4). We may deliver the Order in separate instalments at our discretion per 7.3.3.
2.13.9 Non-acceptance. If we do not accept a PO, we will notify you as soon as reasonably practicable and (if any funds were received) refund in full (cf. 2.12.6).
2.13.10 Cancellations. After acceptance, Buyer cancellations require our written consent and are subject to clause 16 (including restocking, custom/made-to-order non-cancellable).
2.13.11 Backorders & stock indications. Any stock indications we provide with PO acknowledgments reflect last-known levels and may change. We may place items on backorder and will advise revised estimated delivery date.
2.13.12 Authority. The Buyer warrants the PO is authorised and issued by a person with actual authority (cf. 4). We may rely on the last-notified authorised representative until replaced in writing.
3. Errors and Omissions
3.1 The Buyer acknowledges and accepts that Kiddi® shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
3.1.1 resulting from an inadvertent mistake made by Kiddi® in the formation and/or administration of this Contract; and/or
3.1.2 contained in or omitted from any literature (hard copy and/or electronic) supplied by Kiddi® in respect of the Goods.
3.2 Where an error and/or omission occurs under clause 3.1, and is not attributable to Kiddi®’s negligence or wilful misconduct, the Buyer shall not be entitled to treat this Contract as repudiated nor render it invalid.
3.3 Kiddi® reserves the right to correct any error or omission and, where applicable, to issue an amended document (including quotation, order confirmation or invoice). Any necessary price or delivery adjustments arising solely from such correction will be notified to the Buyer in writing.
3.4 Nothing in this clause limits the Buyer’s non‑excludable rights under the ACL.
4. Authorised Representative
4.1 For the duration of the Contract, Kiddi® will liaise directly with one (1) authorised representative nominated by the Buyer.
4.2 Once introduced as the authorised representative, that person is taken to have the full authority of the Buyer to order Goods and/or to request any variations on the Buyer’s behalf.
4.3 The Buyer is solely liable to Kiddi® for all additional costs incurred by Kiddi® (including Kiddi®’s profit margin) in providing any Goods or variations requested by the Buyer’s duly authorised representative.
4.4 The Buyer may change its authorised representative by written notice to Kiddi®, effective upon Kiddi®’s acknowledgment; until then, Kiddi® may rely on the authority of the last‑notified representative.
5. Change in Control
5.1 The Buyer must give Kiddi® not less than 14 days prior written notice of any proposed change of ownership of the Buyer and/or any other change in the Buyer’s details (including but not limited to changes in the Buyer’s name, address, contact phone or email details, or business practice).
5.2 The Buyer shall be liable for any loss incurred by Kiddi® as a result of the Buyer’s failure to comply with clause 5.1.
6. Price, GST and Payment
6.1 Price basis. At Kiddi®’s discretion, the Price will be either: (a) as indicated on any invoice issued by Kiddi to the Buyer; or (b) Kiddi®’s quoted price (subject to clause 6.2), valid for the period stated in the quotation or, if not stated, for 30 days.
6.2 Variations and adjustments. Kiddi® reserves the right to change the Price if a variation to Kiddi®’s quotation or the Order is requested or required (including, without limitation, due to stock availability, changes in taxes/levies, or increases in materials, freight or labour). Variations will be detailed in writing and shown as variations on Kiddi®’s invoice. The Buyer must respond to any variation submitted by Kiddi® within 10 Business Days. Failure to respond entitles Kiddi® to add the cost of the variation to the Price. Payment for variations is due upon completion of the variation unless otherwise agreed in writing.
6.3 Deposits (if applicable). Kiddi® may, at its discretion, require a deposit for certain cash sales or custom/bespoke Orders. Any deposit will be set out in the quotation, PO or invoice. (For clarity, dispatch still requires full cleared funds—cf. 6.4–6.5 and 7.2.)
6.4 Time for payment (payment is of the essence). The Price is payable by the Buyer on the date(s) determined by Kiddi®, which may be:
6.4.1 Online orders: immediately at checkout;
6.4.2 Purchase orders approved by Kiddi® (invoiced orders): within 14 days of the invoice date;
6.4.3 By way of instalments/progress payments in accordance with any payment schedule specified by Kiddi® in writing; or
6.4.4 the date specified on any invoice or other document as the date for payment, if different.
In all cases, dispatch and delivery occur only after Kiddi® receives full cleared payment for the Order (cf. 7.2).
6.5 Payment methods. Payment may be made by electronic funds transfer, online banking, credit/debit card (a surcharge may apply per transaction), or any other method agreed in writing between the Buyer and Kiddi®.
6.6 No set‑off. The Buyer is not entitled to set off against, deduct from, or withhold any part of the Price any amounts allegedly owed by Kiddi®, nor to withhold payment of any invoice because part of that invoice is in dispute.
6.7 GST and taxes. Unless otherwise stated, the Price does not include GST. In addition to the Price, the Buyer must pay to Kiddi® an amount equal to any GST Kiddi® must pay for any taxable supply under these Terms. The Buyer must pay GST at the same time and on the same basis as the Price and must also pay any other taxes, duties or charges applicable to the supply except where expressly included in the Price.
6.8 Late payment. Amounts not paid when due may accrue interest at 1.5% per month (or the maximum rate permitted by law) calculated daily and compounding monthly. The Buyer is liable for Kiddi®’s reasonable recovery costs (including legal costs on a solicitor‑client basis).
6.9 Suspension and withholding. Until paid in full, Kiddi® may suspend delivery or performance of any work and withhold dispatch of Goods. Kiddi® may also exercise its rights under Title and PPSA (cf. 7.5–7.7).
7. Delivery
7.1 When Delivery occurs. Delivery of the Goods is taken to occur at the earlier of: (a) the Buyer or the Buyer’s nominated carrier taking possession of the Goods at Kiddi®’s address; or (b) Kiddi® (or Kiddi®’s nominated carrier) delivering the Goods to the Buyer’s nominated address even if no person is present to accept delivery at that address.
7.2 Pre-dispatch payment condition. Regardless of order method (online checkout or Purchase Order), we will not dispatch any Goods until we have received full cleared payment of the Price and all applicable charges (including freight) for the relevant Order (or instalment, if we agree to staged delivery). Any quoted delivery timeframe and the minimum lead time in clause 7.3 commence from the later of (a) our order confirmation and (b) receipt of cleared funds.
7.3 Minimum lead time. Unless otherwise specified on the quotation or invoice, the minimum lead time prior to dispatch is 10 Business Days from receipt of cleared funds. Lead times exclude transit time and may be longer for customised/bespoke configurations. Lead times may be extended due to Force Majeure (cf. 20) or stock availability.
7.3.1 Commencement and extensions of time. Subject to clause 7.3, we will commence preparation for dispatch as soon as reasonably possible. The dispatch or delivery date will be extended by a reasonable period where delay is caused by events beyond Kiddi®’s reasonable control, including the Buyer’s failure to: (a) make necessary selections/approvals; (b) ensure site readiness; or (c) notify Kiddi® that the site is ready (where applicable).
7.3.2 Delivery charges. Unless expressly included in the Price, delivery/freight is in addition to the Price and will be quoted and charged separately.
7.3.3 Instalments. We may deliver the Goods in separate instalments. Each instalment may be invoiced and must be paid in accordance with these Terms. Failure to deliver an instalment does not entitle the Buyer to cancel any other instalment. In the event of failure to deliver an instalment the Buyer will notified.
7.3.4 Delivery times are estimates. Any time specified for Delivery is an estimate only. We are not liable for loss or damage suffered due to late Delivery. Both parties will use reasonable endeavours to achieve the agreed time and place. If Kiddi® is unable to supply as agreed due solely to the Buyer’s action/inaction (e.g. site access, unattended premises, etc.), we may charge a reasonable redelivery and/or storage fee and any associated costs.
8. Risk
8.1 Passing of risk. Risk of damage to or loss of the Goods passes to the Buyer on Delivery and the Buyer must insure the Goods on or before Delivery.
8.2 Insurance proceeds. If any Goods are damaged or destroyed following Delivery but prior to ownership passing to the Buyer, Kiddi® is entitled to receive all insurance proceeds payable for the Goods. Production of these Terms is sufficient evidence of Kiddi®’s right to receive such insurance proceeds without the need for any further enquiries.
8.3 Unattended delivery. If the Buyer requests Kiddi® to leave Goods outside Kiddi®’s premises for collection, or to deliver to an unattended location, then such Goods are left at the Buyer’s sole risk.
8.4 Installation context. Where Kiddi® is required to install the Goods, the Buyer warrants that the structure of the premises/equipment in or upon which the Goods are to be installed/erected is sound and will sustain the installation and incidental works. Kiddi® is not liable for any claims, demands, losses, damages, costs or expenses howsoever caused or arising in connection with the installation and incidental works.
8.5 Inherent characteristics. The Buyer acknowledges that Goods supplied may: (a) exhibit variations in shade, colour, texture, surface and finish and may fade or change colour over time—while Kiddi® will make reasonable efforts to match batches, it is not liable where such variations occur; (b) expand, contract or distort due to exposure to heat, cold or weather; (c) mark or stain if exposed to certain substances; and (d) be damaged or disfigured by impact or scratching.
9. Title (Retention of Title; PPSA Security Interest & Recovery)
9.1 Passing of title. Kiddi® and the Buyer agree that ownership of the Goods shall not pass until: (a) the Buyer has paid Kiddi® all amounts owing to Kiddi®; and (b) the Buyer has met all other obligations to Kiddi®. Receipt by Kiddi® of any form of payment other than cash is not deemed payment until that form of payment has been honoured, cleared or recognised.
9.1.1 Until ownership passes to the Buyer in accordance with clause 9.1: (a) the Buyer is only a bailee of the Goods and must return the Goods to Kiddi® on request; (b) the Buyer holds the benefit of the Buyer’s insurance of the Goods on trust for Kiddi® and must pay to Kiddi® the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Buyer must not sell, dispose of, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value—if the Buyer does so, the Buyer must hold the proceeds on trust for Kiddi® and pay/deliver the proceeds to Kiddi® on demand; (d) the Buyer should not convert or process the Goods or intermix them with other goods, but if the Buyer does so, the Buyer holds the resulting product on trust for Kiddi®’s benefit and must sell, dispose of or return the resulting product to Kiddi® as Kiddi® directs; (e) the Buyer irrevocably authorises Kiddi® to enter any premises where Kiddi® reasonably believes the Goods are kept and recover possession of the Goods; (f) Kiddi® may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Buyer shall not charge or grant an encumbrance over the Goods nor otherwise give away any interest in the Goods while they remain Kiddi®’s property; and (h) Kiddi® may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership has not passed to the Buyer.
9.2 PPSA security interest. The Buyer grants Kiddi® a security interest in the Goods and proceeds under the PPSA until paid in full and consents to registration. To the extent permitted, the Buyer waives rights to receive certain PPSA notices.
9.3 Recovery on default. In case of default, the Buyer authorises Kiddi® to access the premises to recover unpaid Goods. Kiddi® may credit the net resale value (less reasonable costs) against amounts owed.
10. Inspection and Acceptance
10.1 You must inspect the Goods on delivery and notify us in writing within 24 hours from the delivery date of any damage, short delivery or non‑conformity.
10.2 If you do not notify us within that time, the Goods are deemed accepted, without limiting your non‑excludable rights under the ACL.
11. Site Readiness and Buyer Responsibilities
11.1 Unless expressly included, installation and training are not included.
11.2 You are responsible for: (a) permits/approvals (including council/building, DDA considerations if applicable); (b) clear access and floor space to install location; (c) Data & General Purpose Outlet (GPO) provisions at specified locations; (d) network (internet) connectivity for application use/updates/support; and (e) adherence to child‑safety and WHS requirements.
12. Product Use, Safety and Maintenance
12.1 The Goods are intended for supervised educational/library settings. You must ensure responsible use and alignment with existing laws (including child‑safety obligations).
12.2 Do not modify Goods or use non‑approved peripherals, cleaning agents or power supplies.
12.3 Follow product documentation for safe lifting, caster locking (where fitted), charging (if battery‑equipped), ventilation and routine maintenance.
12.4 You are responsible for routine maintenance, software updates we make available, and backing up any content you load onto the Goods.
12.5 Additive manufacturing & cosmetic characteristics. Certain Kiddi® components are produced using additive manufacturing. As a result, minor surface artefacts (including visible layer lines, slight textural variation, small voids or flow marks, and subtle colour/finish variation between parts or production runs) are inherent characteristics of the process. When present within Kiddi®’s cosmetic tolerances and specifications, these characteristics do not affect performance and are not faults. Normal care, cleaning and maintenance must follow the user documentation to preserve finish quality.
13. Software, Firmware and Content
13.1 Embedded firmware and applications are licensed solely for use with the Goods for your internal purposes.
13.2 You must not reverse‑engineer, decompile or circumvent security except to the extent permitted by law.
13.3 Updates and Warranty Eligibility. We may provide updates, patches and security fixes from time to time. You must install/apply such updates within a reasonable timeframe after we make them available. Where a defect, vulnerability or malfunction would have been prevented or remedied by an available update, failure to apply that update may affect warranty eligibility for the related issue (cf. 17.7).
13.4 You are responsible for any content you load and warrant it complies with law and third‑party rights.
13.5 Internet Connectivity & Availability. Software or content on the Goods require a stable internet connection. To the fullest extent permitted by law, we do not warrant that any software, content, links or online services accessible via the Goods will be available at any particular time, uninterrupted or error‑free, or that faults will be corrected. We reserve the right to modify, suspend or discontinue any software, content or online service at any time without notice.
13.6 Compatibility & Security. To the fullest extent permitted by law, we do not warrant that the Goods, software, content or the servers that make them available will work with any particular hardware, software or network configurations, or be free of viruses or other harmful components. You are responsible for implementing appropriate security, backup and anti‑malware protections.
13.7 Accuracy & Reliance. To the fullest extent permitted by law, we do not warrant or represent that any software or content (including third‑party content accessible via the Goods) is correct, accurate, reliable or timely. You assume all risk as to the quality, accuracy, adequacy, completeness and validity of such content. Nothing in this clause limits non‑excludable rights under the ACL.
14. Intellectual Property and Confidentiality
14.1 All intellectual property in the Goods, software, documentation, designs and proposals remains with us or our licensors.
14.2 You must not remove/obscure branding, safety labels or regulatory marks.
14.3 Any designs/ideas/hardware combinations we propose are confidential and must not be replicated or shared with third parties without our written consent.
14.4 If you assert prior ownership of an idea/design we provide, you must notify us within 7 days of receipt with reasonable particulars.
15. Third‑Party Suppliers and Non‑Solicitation
15.1 You must not contact our suppliers regarding the Goods without our prior written permission.
15.2 Support beyond the install date is covered by a separate agreement and is chargeable at our standard rates unless otherwise stated in the Order.
16. Refund and Cancellation
16.1 Once an Order is accepted, refund and/or cancellation requires our written consent.
16.2 Standard configurations (change of mind). For standard (non-custom) configurations, we may accept a cancellation/return at our discretion, subject to: (a) a restocking fee up to 20% of the Price; (b) the Goods being unused, unopened andin original packaging with all accessories, manuals and proof of purchase; (c) a Return Material Authorisation (RMA) number issued by Kiddi® prior to the Order (or part thereof) being returned; and (d) our inspection and acceptance on return.
16.2.1 Freight and risk. If delivery has commenced (shipped or delivered), (i) any outbound freight already incurred is non-refundable; and (ii) return freight to Kiddi® is at the Buyer’s cost and risk (you must adequately insure and pack per our RMA instructions). If we arrange return freight at your request, we may deduct our freight cost from any refund/credit.
16.3 Custom or made‑to‑order Goods are non‑cancellable and non‑refundable except as required by law. Nothing in this clause limits your non-excludable rights under the ACL.
16.4 Approved refunds will be processed using the original payment method and account.
17. Warranties (Manufacturer’s) — Return to Base
17.1 Standard Warranty (1 year). We warrant that the Goods will be free from defects in materials and workmanship under normal use for one (1) year from the invoice date. This warranty is return to base, Australia only, and non‑transferable.
17.2 Extended Warranty (2 or 5 years total). You may purchase an extended warranty extending total coverage to two (2) years or five (5) years from the original invoice date. Extended warranties are priced separately, return to base, Australia only, non‑transferable and follow the same terms and logistics as the Standard Warranty.
17.3 Claims must be lodged via our ticketing system with serial number, proof of purchase and evidence (photos/video). We may require remote troubleshooting prior to providing a RMA.
17.4 For valid warranty repairs we will pay the cost of freight to return Goods to our service centre and we will bear transit risk until receipt. For valid warranty repairs, we also cover return freight back to you. Where required (e.g. major failure or where return is not reasonably possible without significant cost), we will notify you in writing and we will arrange collection or reimburse reasonable return costs.
17.5 At our option we will repair or replace a defective component or Goods, or refund the purchase price where repair/replacement is not feasible. Replaced parts become our property.
17.6 Any repair or replacement is covered for the remainder of the original warranty term only (no new warranty period). Extended coverage continues for its remaining term.
17.7 Exclusions. This warranty does not cover: (a) normal wear and tear (incl. cosmetic scuffs); (b) misuse, abuse, neglect, impact, out of spec use, liquid ingress, foreign objects, vermin; (c) power surge/unstable supply or lack of surge protection; (d) unauthorised repairs/modifications; (e) non‑approved peripherals, cleaning agents or power supplies; (f) third‑party software/apps/content, viruses/malware, data loss; (g) transit damage where packaging is inadequate, or packaging is inappropriately handled while being transported on site or between sites; (h) altered/removed serial numbers or mismatched proof of purchase; (i) damage caused by failure to install/apply updates, patches or security fixes we make available, where the issue would have been prevented or remedied by such update; (j) damage by other trades/third parties; (k) Acts of God.
17.8 Lithium‑ion Batteries. Covered for defects in materials/workmanship for the duration of the warranty term. Capacity degrades with time/cycles and is covered only where capacity falls below 50% of original design capacity within the first year, subject to proper use/charging/storage per the user documentation. Excludes deep discharge, over‑charging, repeated partial‑charging, use of non‑approved chargers, high‑temperature storage, mechanical impact or liquid ingress.
17.9 Toughened Glass/Touch Display. Covered for defects in materials/workmanship. Breakage, chips, scratches or delamination from misuse, abuse, impact or out of spec handling/environment are excluded. Minor pixel anomalies/brightness variance within industry tolerances are not defects. 17.10 Additive manufacturing cosmetics. Cosmetic characteristics inherent to additive manufacturing, including visible layer lines, minor surface/textural variation, small non-functional voids, flow marks, and reasonable colour/finish variation within Kiddi®’s cosmetic tolerances and Specifications, are not defects and are excluded from warranty.
18. Consumer Guarantees (ACL)
18.1 Nothing in these Terms excludes, restricts or modifies non‑excludable rights under the ACL.
18.2 Where permitted, our liability for failure to comply with a consumer guarantee in relation to goods is limited, at our option, to repairing or replacing the goods or supplying equivalent goods.
18.3 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced by Kiddi® if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
19. Limitation of Liability
19.1 Excluded loss. To the fullest extent permitted by law, we are not liable for any indirect, special or consequential loss, or for loss of profit, revenue, data, use, goodwill, business interruption, or damage to property, arising out of or in connection with the Goods, software, content or these Terms, even if we have been advised of the possibility of such loss.
19.2 Subject to clause 18.1 and to the extent permitted by law, our aggregate liability for all claims arising out of or in connection with an Order is limited to the amount paid by you for the Goods under that Order.
19.3 Some laws do not allow exclusion or limitation of certain liabilities; in such cases, the exclusions/limitations in this clause apply only to the extent permitted by law.
20. Force Majeure
21. Notices
22. Governing Law and Dispute Resolution
22.1 These Terms are governed by the laws of Victoria, Australia.
22.2 The parties submit to the non‑exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
22.3 The parties will attempt to resolve disputes in good faith, escalating to senior representatives, and may seek mediation in Melbourne, Australia if unresolved within 20 Business Days.
23. Miscellaneous
23.1 Entire agreement: these Terms and the Order constitute the entire agreement.
23.2 No oral variations: changes must be in a written instrument signed by an authorised officer.
23.3 Severability: if a provision is invalid, the remainder remains effective.
23.4 No waiver: a waiver must be in writing and is effective only for the specific instance.
23.5 Assignment: neither party may assign without the other’s consent, except to an affiliate or in connection with a merger or sale of substantially all assets.