Terms And Conditions

The Terms of Use

Kmart Australia Limited ("Kmart") owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content

Kmart owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Kmart. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Kmart or of the relevant trade mark owner.

Non-excludable Rights

For the purposes of these Terms and Conditions, Non-Excludable Rights means any rights you may have under any applicable law (including the Australian Consumer Law) that cannot be excluded, restricted or modified by agreement of the parties.

Security

Subject to the Non-Excludable Rights, Kmart does not guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website, except to the extent caused or contributed to by the negligence of Kmart.

Third Party Content

This website contains information from or hyperlinks to websites operated by third parties. Kmart provides such information and hyperlinks for your convenience only but is not responsible for and does not endorse the content of any such information or website.

Revisions

Kmart may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately upon posting to, or removal from, the website. Your continued use of the website thereafter constitutes your acceptance of any revised terms to the website, these Terms of Use or the Terms of Purchase. If you do not agree to any revisions, then you must immediately stop using the website. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

Kmart provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Subject to the Non-Excludable Rights, Kmart will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website, except to the extent caused or contributed to by Kmart's negligence.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Kmart’s Privacy Policy sets out our commitment to you on privacy, including our use of "cookies".

Governing Law

Kmart operates this website from its offices within Australia. The laws of the State of Victoria govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

The Agreement

In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Kmart products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Kmart once Kmart accepts an order. Each accepted order is a separate agreement.

Customer Application

You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Kmart if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password, except to the extent unauthorised access is caused or contributed to by Kmart's negligence.

Orders

You place an order with Kmart by selecting products and pressing the "purchase now" button on the checkout page. Kmart reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Kmart at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Kmart upon Kmart acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland Australia and Tasmania.

Product Availability

Kmart uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Kmart may need to reject an order you have placed for a product where Kmart establishes that it is actually unavailable for delivery. In such cases Kmart will refund in full all amounts you paid in respect of such unavailable product. Kmart cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.

Payment

You must pay for your products purchased on this website at the time of placing an order. We accept Paypal and all major credit cards including Mastercard, American Express, Diners Club and Visa. Products may also be purchased using Afterpay, subject to Afterpay’s terms www.afterpay.com/terms.

Variation of Products and Price

Kmart may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Kmart’s retail stores and those found on this website.

Delivery

Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Kmart’s Delivery Policy. The Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Kmart provides delivery. Orders will not be processed for delivery to an address in a suburb not in Kmart’s delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

Returns

Return claims (including for replacement products, refunds or credits) are detailed in Kmart’s Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.

These Terms of Use govern your conduct associated with the Product Review service (the "PR Service") offered by Kmart. To the extent of any conflict between Kmart's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the PR Service.

By submitting any content to Kmart, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;

• all "moral rights" that you may have in such content have been voluntarily waived by you;

• all content that you post is accurate;

• you are at least 18 years old;

• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

• that is known by you to be false, inaccurate or misleading;

• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

• for which you were compensated or granted any consideration by any third party;

• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

• that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify Kmart (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.), from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party, except to the extent caused by Kmart.

For any content that you submit, you grant Kmart (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Kmart's sole discretion. Kmart reserves the right to change, condense or delete any content on Kmart's website that violates the content guidelines or any other provision of these Terms of Use. Kmart does not guarantee that you will have any recourse through Kmart to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Kmart reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Kmart, are responsible for the contents of your submission, except to the extent that Kmart has edited the content you have submitted.

None of the content that you submit shall be subject to any obligation of confidence on the part of Kmart, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Kmart and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

By submitting your review you are also consenting to the use of your name, to be published in conjunction with your review.

Kmart has implemented a GenAI Chatbot Kmart AI Shopping Assistant (also known as Ask Kmart), powered by a third party Large Language Model (LLM) designed to assist you with navigating the Kmart Website (Australia) and Kmart App (Australia) (Kmart Website & App). It offers a range of functionalities to enhance your customer experience.

For example, you can use the Kmart AI Shopping Assistant to ask queries to help you find Kmart products and items on Kmart marketplace and compare items in the catalogue (Permitted Purpose).

The Kmart AI Shopping Assistant will be made available on Kmart Website & App to all users – both logged-in and guest (Eligible Users).

Any reference to ‘you’ is also a reference to an ‘Eligible User’ and a reference to ‘Kmart’, ‘we’ or ‘us’ means Kmart Group Limited (ABN 73 004 700 485).

By interacting with Kmart AI Shopping Assistant t, you agree to the Terms and Conditions (T&Cs) below. These T&Cs explain our obligations and your obligations whilst using the Kmart AI Shopping Assistant so please read them carefully.

Your interaction with Kmart AI Shopping Assistant is voluntary, and you will not be paid a fee or incentive for interacting with Kmart AI Shopping Assistant. You will also not be reimbursed for monies spent by you in response to any request by the Kmart AI Shopping Assistant (or otherwise).

The Kmart AI Shopping Assistant has a generative AI functionality. Sometimes it may seem like a Kmart team member is responding to your queries, but please note that all responses are generated by software and the Kmart AI Shopping Assistant is not a human.

Use of the Kmart Shopping Assistant AI Assistant

We grant you a non-exclusive, non-transferable, limited and revocable license to use the Kmart AI Shopping Assistant for the Permitted Purpose. You are responsible for any use of the Kmart AI Shopping Assistant AI Assistant by any person on your device or while logged into your Kmart account.

You agree not to:

• copy, modify or attempt to reverse engineer or otherwise gain access to any software component of Kmart Shopping Assistant AI Assistant;

• introduce any virus, worm, defect, Trojan horse or other malware to the Kmart Shopping Assistant AI Assistant;

• use the Kmart AI Shopping Assistant in any manner that is harmful, misleading, discriminatory, threatening, defamatory, vulgar, or is otherwise illegal. If

You are responsible for all prompts, messages and other data that you provide to the Kmart Shopping Assistant AI Assistant (Input), and you must ensure your Input does not breach any applicable law or these T&Cs. We reserve the right to limit your access or refuse your use of the Kmart AI Shopping Assistant in the event of a breach.

Information Collection

Kmart collects and stores information, including personal information submitted by you during your interactions with the Kmart AI Shopping Assistant. .

In providing any personal and/or sensitive information, including any image, you confirm you have the rights and permissions to upload it, and you consent to it being used and disclosed to Kmart’s technology partners, for the purpose of functionality. If you do provide us with your personal information, it will be handled according to Kmart’s Privacy Policy.

We are not responsible for the information you enter or upload. You must not upload any information that you do not have permission to upload, is protected by copyright, sensitive data or is confidential. We reserve the right to recover from you reasonable losses we incur if this requirement is breached.

Data Usage

The data we collect is used to provide you with information related to your queries, help us best learn how to meet our customers’ needs, respond to Eligible Users’ feedback or concerns, and to undertake technical support and improvement activities. If not deleted earlier, all data collected will be deleted every 30 days.

Eligible Users’ Inputs are not used to train LLMs ), including those that power the Kmart AI Shopping Assistant AI.

Non-Anonymity

The Kmart AIS hopping Assistant is available to Eligible Users including those signed into their Kmart Account on the Kmart website allowing identification through their Kmart ID and IP address.

Data Retention

Data collected from Eligible Users’ interactions will be encrypted.

Conversation logs and data specific to the chat window will be deleted after a base of 30 days.

Active users will lose access to their chat history if they log out or take action, such as clearing their cache.

Active users deleted content already collected by Kmart can be accessed by Kmart during the respective retention period for that data type.

Pricing Inquiries

Pricing information provided by the Kmart AI Shopping Assistant t does not represent an offer or quote. In the manner of generative AI responses, pricing information may on occasion be inadvertently inaccurate or unreliable.

You agree that t the Kmart pricing as listed on the Kmart website or local store are the accurate sources of current pricing at the time of your inquiry.

Product Information

Product information provided by the Kmart AI Shopping Assistant regarding suitability, capability, availability, and terms of use might be inaccurate or incomplete and does not constitute advice from Kmart. In the manner of generative AI responses, product information may on occasion be inadvertently inaccurate or unreliable.

You agree that that the product information on the Kmart website and Kmart store is the accurate source of information at the time of your inquiry.

Your Feedback

You may make (and we may receive) your feedback, suggestions, comments, recommendations or other communications (Feedback) regarding the Kmart AI Shopping Assistant , and we may request such Feedback from you (whether it be from us directly, or via an agent or contractor of ours).

You agree that we are free to use, reproduce, license and exploit the Feedback including to improve and enhance the Kmart AI Shopping Assistant t without any obligation to you.

You hereby assign to us all intellectual property rights, if any, in the Feedback.

Disclaimers

You acknowledge and accept that:

• We provide the Kmart AI Shopping Assistant on an as-is basis. To the maximum extent permitted by law, we make no guarantees or express or implied warranties in respect of the accuracy, completeness, currency, suitability, adequacy, continuity, security or fitness for purpose of the Kmart AI Shopping Assistant or the responses generated by the Kmart AI Shopping Assistant (its

  Output

  ).

• The Kmart AI Shopping Assistants an evolving digital tool. The Kmart AI Shopping Assistant is powered by a third-party LLM and may generate content that is inaccurate, unreliable, or potentially offensive. We make no representations or warranties about the quality, accuracy, context, completeness, availability or suitability of the Output and we do not guarantee the Kmart AI Shopping Assistant will be free of technical interruptions, viruses or other defects. Any use of or reliance on the Kmart AI Shopping Assistant or any Output is at your sole risk.

• We ask that you do not use information provided by the Kmart AI Shopping Assistant as your sole source of information. The services might also provide incorrect or offensive results that do not reflect Kmart' values.

• If the Output includes a link to a third-party website, your access to that link is at your own risk. Links to such third-party websites do not imply a recommendation or endorsement by Kmart for any content on those sites.

Liability

To the maximum extent permitted by law, our guarantees to you are limited to those available under the Australian Consumer Law, as is our liability to you.

Term

These T&Cs will continue in effect until termination in accordance with these T&Cs.

We may terminate these T&Cs, or limit, revoke or suspend your access to the Kmart AI Shopping Assistant or any reason at any time and with immediate effect upon giving notice to you.

Upon expiry or termination of these T&Cs, all licenses and rights granted to you under these T&Cs will also terminate.

You must cease access and use of the Kmart AI Shopping Assistant (or we will revoke access for you).

The obligations under these T&Cs that are expressed to or, by their nature, survive termination of these T&Cs, will survive termination of these Terms and are enforceable at any time at law or in equity.

Other Provisions

We may modify the Kmart AI Shopping Assistant (including benefits and functionality) from time to time.

These T&Cs and any dispute arising out of or in connection with these T&Cs are governed by the laws of Victoria, Australia.

Kmart Terms and Conditions also govern your use of the Kmart AI Shopping Assistant

Contact Information

If you would like further information, wish to provide feedback, encounter any inappropriate content or experience discomfort with respect to the Kmart AI Shopping Assistant , please visit our Contact Us page.