Terms and Conditions
1 Introduction
1.1 Welcome to KAKABUY (‘Application’,‘we’,‘us’ or ‘our’). The Application is operated by
KAKABUY PTY. LTD (ABN 17623228875) and provides you (‘user’,‘you’, or ‘your’) with an opportunity to browse and purchase various products that have been listed for sale through the Application. The Application provides this service by way of granting you access to the content on the Application (‘Purchase Services’).
1.2 The terms and conditions within this page constitute a legally binding agreement
(‘Agreement’) between you and us, governing your access to and use of the Application, including our website, mobile application, and any related services. By accessing or using the Application, you acknowledge that you have read, understood, and agreed to be bound by the Agreement. If you do not agree with these terms and conditions, you must
discontinue use of the Application immediately.
1.3 We reserve the right to review and change any of the terms and conditions within the
Agreement by updating this page at our sole discretion. When we update the Agreement, we will use reasonable endeavour to provide you with notice of updates to the Agreement. Any changes to the Agreement take immediate effect from the date of their publication.
Before you continue, we recommend you keep a copy of the Agreement for your records.
2 Acceptance of the Agreement
2.1 You accept the Agreement upon first use of the Application. The Agreement remains in effect until terminated in accordance with the provisions herein. You may also accept the Agreement by clicking to accept or agree to the terms and conditions where this option is made available to you by the Application in the user interface.
3 Registration to use Purchase Services
3.1 In order to access the Purchase Services through the Application, you must first register as a user. As part of the registration process, or as part of your continued use of the Purchase Services, you will be required to provide certain personal information, including but not
limited to:
(a) Mobile phone number and verification code; or (b) Apple ID.
You are not required to create a password at the time of registration. However, you may choose to set a password after registration. Once registered, you may log in using your mobile phone number and password.
To place an order, you must also provide the following information: (a) Full name;
(b) Delivery address;
(c) Contact phone number;
(d) Email address.
3.2 You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.
3.3 Once you have completed the registration process, you will be a registered user of the Application and agree to be bound by the Agreement. As a user you will be granted
immediate access to the Application and Purchase Services.
3.4 You may not use the Purchase Services and may not accept the Agreement if: (a) you are not of legal age to form a binding contract with us; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4 Your obligations as a user
4.1 As a user, you agree to comply with the following:
(a) you will use the Purchase Services only for purposes that are permitted by:
(I) the Agreement;
(II) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of us providing the Purchase Services;
(e) you will not use the Purchase Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by us for any illegal or unauthorised use of the Application; and
(g) you acknowledge and agree that any automated use of the Application or its Purchase Services is prohibited.
5 International Purchase Policy
5.1 Introduction
(a) We provide international purchase services (‘International Purchase’) through the Application, enabling you to purchase products listed by third-party sellers on the Application that are shipped from China to Australia.
(b) When purchasing products on the Application, if the product is indicated as shipped from a Chinese Warehouse, “KAKABUY中国仓 ”, “ 中国仓 ”, “ 中国仓发货 ” or “KAKABUY中国仓发货” (‘Products Shipped from China’), such purchases constitute an International Purchase and shall be governed by this term 5 of the Agreement. Otherwise, this term 5 does not apply. In the event of any conflict between term 5 and other terms and conditions of the Agreement, term 5 shall prevail.
5.2 Our Role
You agree that we act solely as a platform and service facilitator for your purchase of Products Shipped from China. We assist you with order placement, payment processing, and after-sales communication. We do not manufacture, own, distribute, ship, deliver, or directly sell any products available on the Application.
5.3 Role and Responsibilities of Chinese Warehouse (a) You acknowledge that:
(I) For the purposes of this Agreement, “KAKABUY China Warehouse” (“KAKABUY 中国仓”) shall be deemed the Seller of all Products Shipped from China. The legal entity operating as the Seller is “Yiwu Xinmao Trading Company”(‘Seller’), an independent third party established and registered in Mainland China, trading on the Application under the name “KAKABUY China Warehouse”;
(II) The Seller operates independently from us and is merely a cooperating partner, not an associated entity as defined under Section 50AAA of the Corporations Act 2001 (Cth).
(b) The Seller (operating as Kakabuy China Warehouse) is primarily responsible for:
(I) the quality, authenticity, and compliance of the Products Shipped from China.
(II) the domestic warehousing of Products Shipped from China within Mainland China;
(III) the cross-border shipment of such products to Australia; and
(IV) managing the importation procedures into Australia on your behalf, including making import declarations and handling customs clearance as your authorised representative.
5.4 Acknowledgement by you (a) You agree that:
(I) Electrical and electronic products sold on the Application are manufactured to Chinese standards (including plug type, voltage, and environmental regulations), which may differ significantly from Australian standards. You are solely responsible for verifying compatibility and obtaining any necessary adaptors, voltage converters, or locally compliant versions before use.
(II) Products Shipped from China may comply with relevant Chinese certifications but may not conform to Australian safety, performance, or regulatory standards. You assume all risks associated with using such products in Australia, including but not limited to safety issues, reduced functionality, or warranty limitations.
(III) If a product sold on the Application is also available in Australia, the version supplied through the International Purchase may differ in specifications, features, accessories, or software (e.g., language settings, power adapters).
5.5 Delivery and Importation
(a) Unless otherwise agreed in writing, when products are shipped from the Kakabuy Chinese Warehouse to Australia using third-party international logistics services, you acknowledge and accept that you bear the full risk of loss or damage to the products during the entire transportation process.
(b) You understand and agree that by placing an order and completing payment, you expressly authorise Kakabuy Chinese Warehouse to act on your behalf to arrange for the import declaration and customs clearance of the products into Australia. You acknowledge that you are the importer of record for the goods and accept full responsibility for compliance with all applicable Australian laws and regulations relating to importation, including (but not limited to) customs, quarantine, taxation, and product safety requirements.
(c) You further agree that you are solely responsible for any import duties, GST, levies, or other taxes and charges incurred as a result of the importation process, and that Kakabuy shall not be liable for any such amounts or any legal consequences arising from your failure to comply with the relevant legal requirements.
(d) You acknowledge that if, due to reasons beyond our control (including but not limited to changes in customs policies, import restrictions on certain products, or incomplete or inaccurate information provided by you), the products are unable to be cleared, and are delayed, returned, or destroyed by customs authorities, Kakabuy shall not be liable for any loss, damage, or costs incurred. However, we will use reasonable efforts to assist you in liaising with the seller to seek a practical resolution.
5.6 Limitation of Liability
(a) To the maximum extent permitted by law:
(I) We disclaim all liability for：
(A) any product-related issues, including defects, malfunctions, or non- compliance with local laws,
(B) any direct, indirect,incidental,or consequential damages (e.g., property damage, personal injury, lost profits), and
(C) any misrepresentation or negligence by the Seller.
(II) Your sole remedy for product-related disputes, including warranties or faults,
lies directly with the Seller.
5.7 Repair & Replace (‘Optional Services’)
(a) At our sole discretion, we may offer limited repair and/or replace services for Products Shipped from China. Any such services are provided as a goodwill gesture and do not alter the Seller’s primary responsibility for product warranties under applicable laws.
(b) To request repair and/or replace under term 5.8 and our policy, you must follow the procedures as set out in term 7 of the Agreement.
(c) You agree that:
(I) You are responsible for any postage and shipping costs associated with any repair or replacement services;
(II) We do not manufacture, inspect, or certify the products and cannot guarantee the Seller’s compliance with warranty terms; and
(III) The Seller remains solely responsible for all warranty obligations, including repairs, replacements, or refund entitlements, as required by law or the Seller’s own policies.
(d) Our provision of Optional Services does not constitute:
(I) Acceptance of liability for product-related losses (e.g., property damage, personal injury);
(II) Any guarantee that the product complies with Australian standards; or (III) A waiver of any disclaimers in the Agreement.
6 Purchase of Products and Return Policy
6.1 In using the Purchase Services to purchase the products through the Application, you agree to the payment of the purchase price listed on the Application for the product ('Purchase Price').
6.2 Payment of the Purchase Price may be made through one of the following third party providers: STRIPE, COMMONWEALTH BANK, WECHAT PAY and ALIPAY (the
'Payment Gateway Providers')
6.3 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.
6.4 Upon confirmation of your payment of the Purchase Price by us, you will be issued a receipt acknowledging payment. We may also retain your purchase details for record- keeping and customer service purposes.
6.5 We may, at our sole discretion, provide a refund on the return of the products within 3 days, provided that the product packaging is unopened and remains in a saleable
condition. This returns policy does not affect your rights under the Australian Consumer Law in respect of defective or misrepresented goods.
6.6 You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6.7 For international procurement products (including items shipped from the Kakabuy
Chinese Warehouse, once the order has been dispatched, returns or exchanges are not
accepted unless the product is defective or return is otherwise required by law. Change-of- mind returns are not accepted for such products under any circumstances.
7 Warranty
7.1 Products other than Products Shipped from China (‘Local 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 Local Products and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the Local Products fail to be of acceptable quality and the failure does not amount to a major failure ('Warranty').
7.2 You may make a claim (‘Warranty Claim’) for any material defects in workmanship or
performance of the Local Products in accordance with the warranty period applicable to the specific product category (‘Warranty Period’). The applicable warranty period and after-
sales policy (including eligibility for return, exchange, or repair) will be determined based on the product category, ranging from 3 to 12 months. For international purchases,
warranty period details can be found on the respective product page.
7.3 To lodge a Warranty Claim during the Warranty Period, you must provide proof of
purchase to us showing the purchase date, product description, and amount paid. Claims
must be submitted in writing either by post to
U3 2-12 TENNYSON RD, GLADESVILLE, New South Wales, 2111 or via email to:
help@kakabuy.com.au.
7.4 Where the Warranty Claim is accepted, we will, at our sole discretion, repair or replace the defective product or any defective part with a new or remanufactured equivalent at no cost to you for parts or labour. You are solely responsible for any postage or shipping costs
incurred in connection with the Warranty Claim.
7.5 The Warranty shall be the sole and exclusive warranty granted by us and shall be the sole
and exclusive remedy available to you in addition to other rights and under a law in relation to the Local Products to which this warranty relates.
7.6 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
7.7 This Warranty does not apply to:
(a) cosmetic damage or changes to the appearance of the Local Products; (b) any excluded items in the Agreement; or
(c) Local Products that have been damaged, defaced, misused, subjected to abnormal handling or service, or altered or modified in design or construction.
8 Copyright and Intellectual Property
8.1 The Application, its Purchase Services, and all related content are protected by copyright under the laws of Australia and applicable international treaties. Unless otherwise
expressly stated, all intellectual property rights, including copyright, in the content and
compilation of the Application—such as text, graphics, logos, button icons, videos, images, audio clips, and software (‘Content’)—are owned or licensed by us or our content
providers. All such rights are reserved.
8.2 We retain all rights, title and interest in and to the Application and all related Content. Nothing you do on or in relation to the Application will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of us; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3 You may not, without the prior written permission of us and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the Content or third-party
Content for any purpose. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
9 Privacy
9.1 We take your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to our Privacy Policy, which is
available on the Application.
10 General Disclaimer
10.1 You acknowledge and agree that we do not make any terms, guarantees, warranties,
representations or conditions whatsoever regarding the products other than provided in the Agreement.
10.2 While we make every reasonable effort to ensure that products are accurately represented on the Application, you acknowledge that actual product attributes—such as size, colour,
and packaging—may vary from what is displayed on the Application. 10.3 Subject to this clause and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions not expressly stated in the Agreement are excluded; and
(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), including but not limited to loss of profit or opportunity, or damage to goodwill, arising out of or in connection with the Purchase Services or the Agreement, whether under common law, contract, tort (including negligence), equity, pursuant to statute or otherwise.
10.4 Use of the Application, the Purchase Services, and any of the products of us, including but not limited to the Delivery Services, is at your own risk. All Content and services are
provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, express or implied. To the maximum extent permitted by law, none of our affiliates, directors, officers, employees, agents, contributors, licensors, or third-party service
providers make any representations or warranties in relation to:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Application, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Application);
(c) any costs, losses, or damages arising from your use of the Application, the Purchase Services, or the products offered;
(d) third-party links provided on the Application for your convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11 Platform Rights and Supplementary Disclaimers
11.1 Language Disclaimer
These terms and conditions are prepared in English. In the event of any inconsistency or conflict between the English version and any translated version (including the version
displayed in the App in Chinese), the English version shall prevail. While we endeavours to provide multilingual support for your convenience, we are not liable for any errors,
misunderstandings or losses arising from translated content. 11.2 User Age Restriction
You must be at least 18 years old to register for or use the Application. Certain products sold on the platform, including alcoholic beverages and adult products, are restricted to
adults. By using the platform and purchasing such certain products, you confirm that you meet this age requirement and that you are legally permitted to access and purchase such products in your jurisdiction.
11.3 Account Risk Management
We reserve the right to suspend, limit or terminate any user account where we reasonably detect abnormal or high-risk activity, including but not limited to fraud, excessive return
rates, abuse of promotions, or other conduct deemed malicious. We will exercise this right based on reasonable judgment and may provide further explanation through our customer service channels.
11.4 Review Moderation Rights
We reserve the right to remove or hide any user-generated content (including reviews,
comments, or shared posts) that contains false information, harassment, malicious attacks, or otherwise violates platform standards. Such content may be removed without prior
notice. We aim to foster a respectful and trustworthy environment for all users.
11.5 Product Use Disclaimer
Certain product categories such as food, cosmetics, and health supplements may carry
individual risks due to personal allergies or sensitivities. We accepts no liability for adverse reactions or discomfort caused by individual use of such products. Users are advised to
carefully review product ingredients and consult qualified professionals if uncertain.
12 Competitors
12.1 If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a
competitor of us. Competitors are not permitted to use or access any information or
Content on the Application. If you breach this provision, we will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
13 Limitation of Liability
13.1 Our total liability arising out of or in connection with the Purchase Services or the
Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you
under the Agreement or where you have not paid the Purchase Price, then the total liability of us is the resupply of information or Purchase Services to you.
13.2 You expressly understand and agree that we, our affiliates, employees, agents,
contributors, third party Content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13.3 We are not responsible or liable in any manner for any site Content (including the Content
and third-party Content) posted on the Application or in connection with the Purchase
Services, whether posted or caused by users of the Application, by third parties or by any of the Purchase Services offered by us.
13.4 For orders fulfilled by third-party warehouses (such as the Kakabuy Chinese Warehouse), you acknowledge and agree that such warehouses operate independently, and Kakabuy is not legally liable for any disputes, delays, losses or damages arising from their actions or omissions. However, we will use reasonable efforts to assist you in communicating with the
relevant parties to seek a fair and practical resolution. 13.5 You acknowledge and agree that:
(a) For deliveries within Sydney, we provide our own delivery services (‘KAKABUY Delivery’);
(b) For deliveries outside of Sydney within Australia, we engage Australia Post or other local carriers; and
(c) For products shipped from China, we engage third-party international logistics providers to arrange delivery of your parcels on your behalf..
To the extent permitted by law, we are not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services provided by third parties. We will use reasonable efforts to coordinate with such providers, but do not guarantee delivery times or service performance.
14 Termination of Agreement
14.1 The Agreement will continue to apply until terminated by either you or by us as set out below.
14.2 If you want to terminate the Agreement, you may do so by: (a) providing written notice to us at any time; and
(b) closing your accounts for all the Purchase Services you use, where such functionality is made available to you through the Application.
Your notice should be sent, in writing, to us via the 'Contact Us' link on our homepage. 14.3 We may at any time, terminate the Agreement with you if:
(a) you have breached any terms and conditions of the Agreement or intend to breach any provision;
(b) we are required to do so by law;
(c) the partner with whom we offered the Purchase Services to you has terminated its relationship with us or ceased to offer the Purchase Services to you;
(d) we are transitioning to no longer providing the Purchase Services to users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by us is, in the opinion of us, no longer commercially viable.
14.4 Subject to local applicable laws, we reserve the right to discontinue or cancel your
membership to the Application at any time and may suspend or deny, in our sole
discretion, your access to all or any portion of the Application or the Purchase Services
without notice if you breach any provision of the terms and conditions or any applicable law
or if your conduct impacts our name or reputation or violates the rights of those of another party.
14.5 When the Agreement comes to an end, all of the legal rights, obligations and liabilities that you and us have benefited from, been subject to (or which have accrued over time whilst the terms and conditions have been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
15 Indemnity
15.1 You agree to indemnify us, our affiliates, employees, agents, contributors, third party Content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Application;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so and any breach by you or your agents of these terms and conditions; and/or
(c) any breach of the Agreement.
16 Dispute Resolution
16.1 Compulsory
If a dispute arises out of or relates to the Agreement, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
16.2 Notice
A party to the Agreement claiming a dispute (‘Dispute’) has arisen under the Agreement, must give written notice (‘Notice’) to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
16.3 Resolution
On receipt of that notice by that other party, the parties to the Agreement must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the NSW Fair Trading;
(c) The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in the state of New South Wales, Australia. 16.4 Confidential
All communications concerning negotiations made by the parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible, must be treated as without prejudice negotiations for the purpose of applicable laws of evidence.
16.5 Termination of Mediation
If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation, and the mediator must do so.
17 Jurisdiction
The Agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Agreement shall be binding to the benefit of the parties hereto and their successors and assigns.
18 Independent Legal Advice
You agree that the provisions of the Agreement are fair and reasonable, and both parties having taken the opportunity to obtain independent legal advice and declare the Agreement are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
19 Severance
If any part of the Agreement is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Agreement shall remain in force.
