TERMS & CONDITIONS

Introduction

1. These terms of use ("Terms") govern your access and use of this website, which is operated by Kapha Pty Ltd (“Kapha”,"we", "us", or "our").

2. By accessing and using this website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use this website.

3. We reserve the right to change these Terms at any time, without notice. When we change these Terms, we will also update the "Date of last update" at the top of these Terms. You should check this page occasionally to ensure you are familiar with any changes.

Intellectual Property Rights

4. All intellectual property rights (including copyright and trademarks) in the content and design of this website are owned by us.

5. You may, for personal use only, print a copy of any part of this website to view it. All other use, copying, or reproduction of any part of this website is prohibited without our prior written approval.

Links

6. This website may provide links to other websites for your convenience. We take no responsibility for the accuracy or currency of the information on those sites. We do not endorse any information, goods, or services referred to within those sites, and our provision of these links should not be taken as an endorsement.

Warranty & Lifetime Warranty

7. Kapha Pty Ltd provides a Lifetime Warranty on the Alkaline+ Purifier and a 3-Year Warranty on all other products (excluding filter cartridges). This warranty covers defects in materials and workmanship under normal use.

8. Kapha Pty Ltd offers a Lifetime Warranty on the Alkaline+ Purifier, subject to the terms outlined on our Refunds & Warranty page. By purchasing and using the product, You acknowledge and agree to the conditions of this warranty.

9. This warranty is limited to repair, replacement, or refund (at Kapha’s sole discretion) for defective products. Under no circumstances shall Kapha be liable for indirect, incidental, or consequential damages, including but not limited to, loss of use, lost profits, or property damage.

10. Standard and Lifetime Warranty remains valid only while Kapha Pty Ltd continues operations. If Kapha Pty Ltd ceases to trade, the warranty will no longer be enforceable, and no further claims will be processed.

11. Customers must follow maintenance and servicing requirements as outlined in the product manual. Failure to do so may void the warranty.

12. This warranty applies only to the original purchaser and is non-transferable.

13. For full details, exclusions, and claim procedures, please refer to our Refunds & Warranty page.

14. Kapha's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product.

15. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

16. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Kapha showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending an email at info@kapha.com.au.

17. Where the Warranty Claim is accepted then Kapha will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

18. The Warranty shall be the sole and exclusive warranty granted by Kapha and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

19. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

20. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
    
    

Purchase of Products & Returns Policy

21. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

22. Payment of the Purchase Price may be made through Paypal, Stripe or Afterpay (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

23. Following payment of the Purchase Price being confirmed by us, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.

24. We may, at our sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

Disclaimer

25. If you choose to use the website, you do so at your own risk.

26. We make no representation that anything offered through the website is available for use in other locations or that it complies with laws and regulations of other locations.

27. We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

28. We make no warranty regarding accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the website or that this website is free of viruses or other harmful components.

Independent Contractors Disclaimer

29. Kapha Pty Ltd may provide a list of independent, licensed plumbers for your convenience. These plumbers are not employees, agents, or partners of Kapha Pty Ltd.

30. Any agreement or arrangement for installation services is strictly between you and the contractor. Kapha Pty Ltd is not responsible for the quality, outcome, or any damages resulting from the contractor’s services.

31. You are responsible for verifying the contractor’s qualifications and insurance.

Third-Party Services & Delivery Disclaimer

32. Kapha Pty Ltd is not responsible for damages or losses caused by third-party service providers, including but not limited to:

33. Independent contractors performing installations.

34. Delivery providers handling product shipments.

35. Third-party payment processors.

36. Any disputes must be resolved directly between you and the relevant third party.

SMS Marketing

37. By consenting to Kapha Pty Ltd’s SMS marketing in the checkout and initialising a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

38. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

39. For any questions, please text HELP to the number you received the messages from. You can also contact us at for more information.

40. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

41. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Indemnity

42. To the fullest extent allowed by law, you agree to indemnify us and/or our affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, claims, suits, demands, damages, liabilities, losses, and expenses (whether in tort or in contract) arising out of or related to your use of this Website and/or our products.

Privacy Policy

43. We are committed to protecting your personal information. Please refer to our Privacy Policy which describes how we collect and manage your personal information. By agreeing to and accepting these Terms, you also agree to and accept the terms of our Privacy Policy.

Severability

44. If any part of these Terms is held to be illegal, invalid, or unenforceable by a Court of law, the legality, validity, and enforceability of the remaining parts will not be affected.

Waiver

45. Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies.

Termination

46. These Terms are effective until terminated by us, which we may do at any time and without prior notice.

47. Any rights or obligations that have accrued up to and including the date of termination will survive.

Governing Law and Jurisdiction

48. These Terms, and all related matters, shall be governed and interpreted by the laws of New South Wales, Australia.

49. Any dispute under these Terms shall be subject to the exclusive jurisdiction of the Courts of New South Wales, Australia.

Contact Us

50. If you have any questions about these Terms, please contact us by emailing info@kapha.com.au.