Website Terms and Conditions

Costco Wholesale Australia Pty Limited, together with its affiliates (Costco, we, our, us) operates websites, including www.costco.com.au and www.costcotravel.com.au (Websites), mobile applications (App), and social media sites operated by or for Costco (each a Site, and collectively the Sites).

These Terms and Conditions (Terms) govern your use of each Site. You are only authorised to access or use a Site if you accept and agree to these Terms. Your continued access to or use of a Site is acceptance of, and agreement to be bound by, these Terms. If you do not have the capacity or authority to agree to these Terms, you may not access or use our Sites. We do not knowingly permit any person under 18 years of age to use the Website or App. If you are under 18 years of age, you must not attempt to order products or services, or provide Personal Data (defined below), via the Website or App.

Supplemental terms apply to use of specific portions of the Sites and to the purchase of certain products and services, including the Membership Privileges and Conditions available here (“Supplemental Terms”) and are incorporated into these Terms. To the extent of any inconsistency between these Terms and any Supplemental Terms, the Supplemental Terms apply.

We may vary these Terms from time to time and any such variation will be effective upon posting of the variation on a Site in respect of future access to a Site and future orders. We may exclude any users from accessing any Site if they breach these Terms. You acknowledge and agree that we will collect and process Personal Data about you in accordance with our Privacy Policy which is incorporated into these Terms. Click here to view our privacy policy. Personal Data means data related to an identified or identifiable individual.

You acknowledge and agree that by using our App you will provide Personal Data about you, including your location information, to Costco. In using the App or Website you must comply with all laws applicable to the use of mobile devices (including but not limited to road safety laws). If you opt in to receive push notifications in our App, you acknowledge and agree that push notifications may comprise or include marketing material.

Costco members may place orders for products or services via a Site, for delivery within Australia only. Click here for information on Costco membership.

Costco is not obliged to fulfil any order unless the order is accepted by Costco, which occurs when we dispatch the product. For services, we accept your order for the services when we begin to supply the service that you have ordered.

You acknowledge that prices displayed on a Site may differ from the prices displayed in warehouses, and do not include any membership fees which will be separately invoiced and itemised. We accept payment on www.costco.com.au only by the following methods: Visa, Mastercard, and Apple Pay. We accept payment on www.costcotravel.com.au only by the following methods: Visa and Mastercard.

All card payments are subject to authorisation by your card issuer. If your payment is not authorised, or for any other reason we are not able to take payment when we attempt to do so, we will not fulfil your order.

For most products shipped from our depot, payment for your order will be taken at the time of ordering. For products shipped from our suppliers (such as electrical appliances, spas, installed items and furniture), payment for your order may be taken at any time between ordering and dispatch.

Unless otherwise indicated, prices stated on the Sites include GST. If GST is payable for a sale of a product or service, you must pay the GST subject to Costco providing a tax invoice. Terms used in this clause that are defined in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.

Products ordered via the Website or App will only be supplied within Australia.

Costco will retain title in all products you order until we have received payment in full for the relevant products and they are delivered to you. We may retain products or recover them from you at any time until you have paid in full for them. Risk in products you order will pass to you at the same time as title.

You warrant that the person receiving the products you have ordered at the specified delivery address or collecting the products on your behalf is authorised by you to do so.

Site Materials means all materials on a Site, including without limitation all trademarks, designs, product and service descriptions, text, graphics, files, photographs, codes, software layout, designs forms, other information and content, and the selection and arrangement thereof.

We take precautions to ensure that products and services are accurately described on the Sites and are available at the specified prices. However, please note that, subject to applicable law, we:

• reserve the right to change the products and services advertised or offered for sale via a Site without notice, the prices or specifications of such products and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person;
• cannot guarantee that products or services advertised or offered for sale on a Site will be available when ordered or thereafter;
• reserve the right to limit quantities sold or made available for sale;
• do not warrant that the Site Materials are accurate, complete, reliable, current or error-free; and
• reserve the right not to process orders, and to revise orders or recover funds where the price or other material information on a Site, or related to the products or services available on a Site, is inaccurate or when we consider there has been a material error or breach of these Terms (and where we do not process an order under this provision we will notify you and will not charge you for the order).

Please click here for information on our Return Policy for Change of Mind.

Nothing in these Terms limits any of your rights under the Australian Consumer Law.

To the extent permitted by law, Costco’s liability in respect of its supply of products or services under these Terms is limited to the amount of the payments made by you to Costco for them.

To the extent that consumer guarantees statutorily imposed under the Australian Consumer Law apply to products or services supplied by Costco via the Sites, to the extent permitted by law, our liability is limited to: (a) in the case of products, either supplying the products again or paying the cost of having the products supplied again; and (b) in the case of the services, either supplying the services again or paying the cost of having the services supplied again.

To the extent permitted by law, in no event will Costco be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit (whether consequential, special, incidental or indirect) that may arise under these Terms.

Except for those terms that cannot by law be excluded, all terms other than those expressly contained in these Terms are excluded.

The use of each Site is governed by the laws of New South Wales, however the laws of your jurisdiction may be more or less restrictive. If you access a Site from outside Australia you do so at your own risk and you are responsible for your compliance with the laws of your jurisdiction.

You may access a Site for your personal use only.

You must not use a Site for any other purpose, including without limitation any:

• resale or commercial use of the Site or any Site Materials (defined above);
• modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Site Materials, including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser;
• copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
• the collection and use of any product listings or descriptions;
• making modifications to or other derivative uses of the Site and any Site Materials; or
• use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site.

Except as granted above, you are not granted any right or licence (by implication, estoppel, or otherwise) in or under a patent, trademark, copyright, database right or other intellectual property right belonging to Costco or any third party.

You may not use any meta-tags or any other hidden text utilising any name, trademark, or product name of Costco without our prior written consent.

Without limiting our other rights, we may terminate your rights under these Terms or your use of or access to the Website or App at any time if you breach or permit any breach of these Terms.

If you use a password to access the Sites you must keep it confidential and secure. If you become aware of any unauthorised use of your password or account, or any other breach of security in relation to a Site, you must notify us immediately.

We reserve the right to take any necessary action to maintain the security of the Sites and your account, including without limitation terminating your account, locking your account, requiring a reset of your password, or requesting information to authorise or cancel transactions on your account.

While we take steps to protect the Sites and your account, we cannot protect your information outside any Site. For example, if we communicate with you electronically but outside of a Site, you acknowledge that the communication may not be transmitted and/or stored securely, and may be viewed by others. You acknowledge that if you request information by email, we may transmit it to you and store it in an unencrypted form. Emails you send to us may also be unencrypted, and accordingly may be viewed by others. We may rely on the authority of anyone accessing your account or using your password. You accept responsibility for their activities. In no event will Costco be liable to you for any liability arising from: (a) any action or inaction of Costco under this provision; (b) any compromise of the confidentiality of your account or password; or (c) any unauthorised access to your account or use of your password.

All Site Materials are owned by Costco or its licensors and may be protected by Australian and international copyright, trademark and other intellectual property laws.

COSTCO, COSTCO WHOLESALE, COSTCO.COM.AU, KIRKLAND SIGNATURE (and other trademarks owned by Costco), and their respective designs and/or logos are either trademarks or registered trademarks of Costco and may not be copied, imitated or used, in whole or in part, without the prior written permission of Costco. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Costco, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Costco. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Except as stated in these Terms, none of the materials and intellectual property described in these Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Costco or the respective intellectual property owner. You may electronically copy and print to hard copy portions of a Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in any Site (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Costco, is strictly prohibited.

Without limiting this provision, any software, including any files, images incorporated in or generated by the software, and data accompanying the software (together Software), that may be made available on a Site is licensed to you on a non-exclusive and limited basis. Costco shall retain full and complete title and all intellectual property rights to all Software. You must not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create modified copyright works or other derivative works from any Software.

Costco and its licensors retain all right, title, and interest in and to each Site including the Site Materials, and nothing in these Terms operates to transfer any intellectual property rights to you or, except for the authorisation referred to above, authorise you to exercise any intellectual property right.

You are granted a limited, non-exclusive right to create a hyperlink to the home page only of a Site, provided that you do not portray Costco or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilise framing techniques to enclose any Costco trademark, logo or other proprietary information of Costco, including the images found on a Site, the content of any text or the layout/design of any page, or form contained on a page without our prior written consent. All other linking is prohibited without our prior written consent. Except as noted above, you are not granted any right or licence by implication, estoppel, or otherwise to any patent, trademark, copyright, design right, database right or other intellectual property right of Costco or any third party.

We may provide links to third party websites. We do not monitor or assume responsibility for the condition or content of any third party website. We make no representations or warranties regarding any third party website and accept no responsibility for the quality, content, nature, accuracy or reliability of websites accessible by hyperlink from a Site or otherwise linked to a Site.

A Site may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, User Content). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Costco.

You grant Costco a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through a Site, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and Costco’s use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.

We do not monitor or otherwise supervise the Sites or any User Content. Although Costco has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice. You must ensure that all User Content you submit to a Site complies with all applicable laws, whether local or international, and that you otherwise comply with this clause in relation to all such content. If you have any concerns in relation to any User Content please contact us using the details available on our website.

You warrant that all information you provide to Costco will be true, accurate, current and complete, and you will promptly notify us of any updates to that information such that it remains accurate, current and complete.

In using a Site you must not:

• engage in or encourage a criminal offence;
• breach any applicable law or infringe the rights of any third party;
• impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, bots or any other computer programming routines that may damage, spy-on, interfere with, intercept or expropriate any system, programme, data or Personal Data held by Costco;
• inhibit any other person from using or enjoying a Site;
• interfere or disrupt the security of a Site or our servers; or
• attempt or permit any other person to do any of the above acts.

The Sites (including the Site Materials) are provided on an "as is" basis and, to the extent permitted by applicable law, without warranties of any kind, either express or implied. To the extent permitted by applicable law, Costco disclaims all warranties, conditions and terms express or implied, including without limitation any warranties that might be implied as to the compatibility of the Sites with your computer equipment, software or telecommunications links, or as to the fitness for any particular purpose of the Sites or the content on the Sites.

Costco does not represent or warrant that the Sites will be available, that the Sites will meet your requirements or that materials in on the Sites are accurate, complete, reliable, current, or error-free.

Costco does not represent or warrant that the Sites or its servers are free of viruses or other harmful components, even if Costco or its authorised representatives have been advised of the possibility of such viruses or other harmful components. You are advised to use up-to-date commercially available virus screening software when accessing or otherwise using the Sites. Your use of a Site, including all Site Materials, data or software, distributed by, downloaded or accessed from or through the Sites is at your sole risk.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Costco.

You indemnify Costco against all liabilities, losses, damages, costs and expenses (including all legal costs, whether incurred or awarded) suffered or incurred by Costco in relation to any breach by you of your obligations under these Terms.

We reserve the right, without notice and in our sole discretion, to terminate your licence to use the Sites, and to prevent you from accessing and using the Sites if you breach any of the Terms or any applicable law.

Each of the agreements of the parties under these Terms is severable from the others and the severance of one agreement does not affect the other agreements. No waiver by Costco under these Terms is not binding on Costco unless it is in writing and signed by us. A waiver is not a waiver of any other right.

If you become aware of misuse of a Site by any person, any errors in the material on a Site, or any difficulty in accessing or using a Site, please contact Costco immediately at Member Care, (03) 5316 7223, or membercare@costco.com.au.

The Sites and these Terms are governed by and must be interpreted in accordance with the laws of New South Wales. You unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.