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KING - TERMS AND CONDITIONS OF SALE

 

Thank you for choosing King Living. These Terms and Conditions of Sale (Terms) apply to all purchases of any King Living product/s including made to order King Living product/s (Products) in store. These Terms also apply to all purchases of Products via King Living’s website to the extent that the ‘King Website – Terms of Service’ do not address the particular matter.

 

We, King Living and similar expressions, refer to King Furniture Australia Pty Limited (ACN 002 757 333). You, and similar expressions, refer to you, King Living’s customer or prospective customer.


KING SOFA SALE


  • Discount with purchase of any other furniture item excludes sofa accessories and smart accessories.
  • Up to 50% of Beds applies to fabric, leather at 40% discount.
  • 50% off Coffee and Side Tables applies to timber, marble at 35% discount.
  • 35% off Armchairs and Daybeds applies to fabric, leather at 25% discount.
  • 50% off Sofa Accessories excludes marble at 20% discount. Excludes Sonos speakers and spare parts. Does not apply to Delta storage bins and Delta legs which are deemed a spare part not and accessory.
  • 35% off lighting excludes Solifiore Lights at 25% discount. 35% off lighting excludes Solifiore Lights at 25% discount, pendants at ongoing prices.

 

 

 

PLACING AN ORDER

 

King Living reserves the right to accept or object in its absolute discretion any order, or part of an order, which it may receive from you.

 

When a deposit is received by King Living relating to your purchase of the Products, the order becomes immediately binding on King Living and you agree to all of the terms and conditions set out in these Terms.

 

When placing an order and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.

 

PRICES


The prices for Products are in Australian dollars and inclusive of GST.

 

Delivery and access check costs will be charged in addition to the price of Products and these are included in the total cost of the order at check out.

 

All additional costs payable by you pursuant to these Terms are payable to King Living at such times as you are notified by King Living from time to time.

 

If we discover an error in the price or payment of any Products, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.

 

If, in these circumstances, the order is cancelled, and you have:

  • Paid a deposit for the Products: we will provide you with a full refund of the amount of the deposit; or
  • Paid the full price for the Products: we will provide you with a full refund of the amount of the price that you have paid.

 

PAYMENT

 

A deposit is required at the time of placing the order, except where you purchase a clearance item. We will notify you of the deposit required before we process the order.

 

Full payment must be received into King Living bank account before final delivery can be organized. Payment can be arranged by Bank Transfer/Credit or Debit Card/Finance/Cash.

 

Where the Products are clearance stock items full payment by cash and credit/debit card is required at the time of purchase of all such Products. Finance is unavailable for the purchase of these Products.

 

Company or personal cheques are not accepted for the purchase of any Products.

 

You are responsible for any costs incurred in arranging payment for the Products, which include without limitation bank transfer fees and related charges.

 

The reference to ‘full payment’ means the price of the Products together with all other charges payable by you pursuant to these Terms less the deposit paid. Upon receipt of your full payment, the deposit will be applied by us as part of the price of the Products.

 

At the time that you place your Order and pay the deposit for that Order, we will issue you with a document called a ‘Customer Sales Order’ that specifies the details of your Order. The Customer Sales Order becomes a proof of purchase upon your full payment.

 

RISK AND TITLE

 

All risk in Products passes to you on delivery, which is when:

 

(a) if we deliver the Products to the delivery address, at the time just prior to when the Products are unloaded at the delivery address; or

 

(b) if you nominate to arrange for the Products to be collected from a King Living warehouse or showroom

Deluxe Delivery is only available in selected metropolitan areas in and around Brisbane, Gold Coast, Canberra, Melbourne, Sydney, Adelaide and Perth.

 

  • Applicable Products are accessory cushions, ottomans specifically only Crescent, Bongo and not including Jasper or Plaza
  • Timber only side tables and Pocket Accessories tables/Lights

 

just prior to the Products being loaded onto transportation at the King Living warehouse or once the Products are collected by you in the showroom. For showroom collections our retail team cannot for health and safety reasons assist in loading Products into your vehicle.

(c) Online/King Care and Customer Service Orders cannot be collected from a Showroom.

 

All title in the Products passes to you on receipt by King Living of the full payment for the Products and all other charges payable by you pursuant to these Terms.

 

DELIVERY

 

Any time quoted for delivery is an estimate only. The estimated delivery date will be arranged with you in advance; however, you must not defer the estimated delivery date without King Living’s prior written consent.

 

In the event that your order is ready for delivery sooner than the initial estimated delivery date determined pursuant to these Terms, and you accept an earlier estimated delivery date, then the earlier delivery date will become the new estimated delivery date. In these circumstances, the Terms that apply to the estimated delivery date will apply to the new estimated delivery date. The estimated delivery date in these Terms applies to the delivery of the Products and/or the collection of the King Living furniture, as these services apply to you, where you have prearranged these and King Living has confirmed these in writing to you.

 

PROVIDING THE CORRECT ADDRESS


You must ensure correct delivery address details are provided to King Living at the time of order placement and notify King Living in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products, and collection of King Living furniture, as is applicable to you. We cannot deliver to PO Boxes as you must be available in person to accept the delivery of your order.

 

RECEIVING YOUR FURNITURE


Products will only be delivered or collected, if a person, aged over 18 years and who is able to accept delivery and is present at the delivery address at the time of delivery. Should:

  • An appropriate person not be available to accept delivery or collection by King Living on the pre-arranged delivery date and time; or
  • In the case of Product delivery, if there is insufficient space available to lay out the Products at the delivery address, and delivery and/or collection (as is applicable to you) cannot be made,

 

a card will be left and you will be responsible for organising collection or redelivery of the Products. If this occurs, you will be charged and are liable for the costs associated with each attempted delivery, each attempted King Living furniture collection, transport, re-delivery and storage of the Products, as applicable. You are also liable for any additional costs incurred by King Living as a result of difficulties with access in delivery of the Products and/or collection of the King Living furniture.


REMOVAL OF EXISTING KING FURNITURE

 

King Living will remove existing King Living furniture from the delivery address where the Products are to be delivered at the scheduled time for the Product delivery if you have at the time of placing your order for the Products being delivered and/or arranged that existing King Living furniture be removed from the delivery address specifically at that scheduled time, and King Living has confirmed this in writing. If you have not satisfied these conditions, and you wish for the King Living furniture to be collected from the delivery address, then you must contact King Living customer service on 1300 135 464 or by email at service@kingliving.com.au to purchase this service and King Living will advise you of the estimated date and time for disassembly and collection of this furniture, which may differ from the date of delivery of the Products.

 

We reserve the right, in our discretion, to make part deliveries of any order, at no cost to you. Failure by King Living to deliver all the Products you have ordered at any one time does not invalidate these Terms insofar as any part deliveries are concerned. Despite this, if you request or cause King Living to make part deliveries of your Products, you will be charged the full delivery charge for each part delivery.


ASSEMBLY

 

If you have purchased ‘Deluxe Delivery’ when placing your order, the Products will be assembled at the delivery address at the time delivery is made.

 

Alternatively, if you have purchased an ‘Express Delivery’ when placing your order, the Products will not be assembled at the time delivery is made. If you wish for King Living to assemble the Products, you must contact King Living despatch team on 1300 005 464 or by email despatch@kingliving.com.au 14 days prior to the scheduled delivery to purchase the ‘Deluxe Delivery’ service and arrange for a time for the Products to be assembled.


UNABLE TO ACCEPT DELIVERY OR COLLECT?

 

If you do not accept delivery or collect your Products within:

 

  • 7 days from the date of your original delivery for clearance stock items; or
  • 14 days after the estimated delivery date for all other stock,

 

(the applicable ‘Delivery Period’), then immediately on expiry of the Delivery Period, King Living will either:

 

(a) if you have paid the full purchase price, require that you arrange for the Products to be delivered to a storage facility of your choosing and you are liable for all delivery, storage and associated charges. If King Living delivers your order to a storage facility of your choosing, King Living relinquishes all liability for the order. King Living may assist you with arranging a storage facility; however there is an additional cost for this service; or

 

(b) if you have not paid the full purchase price or if you do not attend to the matters in (a), rescind the contract for sale of the Products by notice to you and treat your failure to accept delivery on the above terms as your cancellation of the original order. In these circumstances, you:

 

  • Agree to forfeit the deposit paid, or, if the Products are clearance stock, the full price of the Products; and
  • Will have no further claim to the Products; and
  • King Living may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.

 

ORDERS WITHOUT A DELIVERY DATE

 

If you place an order for Products and King Living in its absolute discretion agrees not to set a delivery date for that order at the time of order placement, King Living does so on your strict compliance with the following conditions:

 

(a) within 6 weeks of receipt by King Living of your full deposit you must confirm your order and mutually agree on an estimated delivery date from the dates that are offered by King Living as possible delivery dates for your order; and

 

(b) once the estimated delivery date is booked with King Living, you may make any changes to your order within 7 days after which King Living will commence manufacturing the Products immediately.

 

When an estimated delivery date is agreed upon, the terms and conditions under the headings ‘Delivery’ and ‘Cancellation of Order’ in these Terms will apply to the delivery and cancellation of the order.

 

If you do not comply with the conditions in paragraph (a) above or you choose to cancel your order in circumstances where no estimated delivery date is set pursuant to paragraph (a), King Living will rescind the contract for sale of the Products by notice to you by email and treat your failure to agree to an estimated delivery date as your cancellation of your original order. In these circumstances, you:

 

(a) agree to forfeit the deposit up to $500 paid by you to King Living in payment for King Living’s administrative costs and expenses incurred in handling and cancelling the order;

(b) agree to receive the balance of the deposit by refund to the credit card, debit card or bank account, depending on how the initial deposit was made; and

(c) will have no further claim to the Products.


CANCELLATION OF ORDER

 

Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at the King Living showrooms or online on the checkout page, whichever is applicable to you, before purchasing the Products. If you cancel your order King Living will rescind the contract for sale of the Products by notice to you and you:

 

(a) agree to forfeit the full deposit up to $500 paid in payment for King Living’s administrative costs and expenses incurred in handling and cancelling the order, and to receive the balance of any deposit paid by refund to your credit card, debit card or bank account, depending on how you made the initial deposit, if the manufacture of your Products has not commenced; and

(b) agree to forfeit the full deposit amount paid, if the manufacture of your Products has commenced; and

(c) will have no further claim to the Products, and

(d) King Living may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.


King Living accepts no cancellation of orders, returns, refunds or exchanges on clearance stock.

 

DELAY IN DELIVERY OF YOUR FURNITURE

 

King Living will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond King Living’s reasonable control.

 

We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date, King Living’s liability will be limited, at King Living’s option, to resupplying the Products at a different time.

 

If at any time after receiving an order from you, King Living, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays King Living from supplying some or all of the Products set out in an order by the estimated delivery date, King Living may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event continues for a period of 14 days or more, without any liability to you.

 

In this paragraph:

 

(a) ‘Force Majeure Event’ means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans, pandemics (whether or not known at any relevant time) including Covid-19 (and other coronaviruses), other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond King Living’s, its supplier’s, subcontractor’s, manufacturer’s or any carrier’s control and that could not reasonably have been expected to have known at the time King Living receives an order from you; and

(b) ‘Insolvency Event’ means any one or more of the following events:

(i) a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;

(ii) a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up;

(iii) it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business;

(iv) anything having a substantially similar effect to any of the events specified in paragraphs (i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.

 

PRODUCT VARIATIONS AND SPECIFICATIONS

 

Your Product may exhibit different characteristics to the sample in the King Living showroom or images on the King Living website. Please note that soft furniture may vary in appearance and characteristics such as creasing and the degree of softness. Colour swatches and samples are an approximate guide only as leather and fabrics vary in colour and texture. Leather will exhibit scars, marks and areas of differing density and shade, which are the hallmarks of genuine leather, which vary from product to product.

 

To the full extent permitted by law, we reserve the right to change dimensions, design and construction and to pattern match fabrics according to King Living’s best judgment to improve the design of the Product where these changes are limited to the internal changes to the Products and are not noticeable to you.

 

INSPECTION OF CLEARANCE ITEMS AND SPECIAL CONDITIONS FOR CLEARANCE ITEMS

 

Where you are purchasing Products that are clearance stock items you must inspect the Products prior to purchase and in purchasing such Products you accept any defects and minor damage to those Products. Any scratches, marks or damage not affecting the performance of the Products will be noted at time of purchase and will not form part of any warranty provided by King Living in relation to those Products.

 

All clearance items with electrical components will be covered for a maximum warranty period of 2 years. After this period, a call out fee and the cost of all parts and repairs will be payable by you.

 

WARRANTIES

 

Please choose carefully as King Living will not provide you with a refund or exchange simply because you have changed your mind or the Products did not meet your expectations. King Living will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by King Living. Unless Products are faulty, we are unable to refund, exchange or credit your account. King Living will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control.

 

LIABILITY

 

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and King Living is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:


(a) any increased costs or expenses;

(b) any loss of profit, revenue, business, contracts or anticipated savings;

(c) your use or misuse of the Products;

(d) any act, omission or negligence by you, your agents or representatives;

(e) any loss or expense resulting from a claim by a third party; or

(f) any delays in delivery of the Products;

(g) any special, indirect or consequential loss or damage of any nature whatsoever caused by King Living’s failure to complete or delay in completing the order to deliver the Products.

 

To the full extent permitted by law, where King Living’s liability cannot be excluded, the maximum aggregate liability of King Living for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to, at the option of King Living:

 

(a) the replacement of the Products;

(b) the repair of the Products;

(c) the payment of the cost of replacing the Products or acquiring equivalent products; or

(d) the payment of the cost of having the products repaired.

 

In circumstances where King Living’s liability cannot be limited to the matters set out in the paragraph above, the maximum aggregate liability of King Living for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to the amount payable by you to King Living in respect of the Product giving rise to the liability.

 

INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS

 

You must inspect your Products when you take delivery of them and you will be required to note any damage on the delivery documentation which is presented to you upon delivery. This does not apply to clearance items, where you accept any defects and minor damage to such Products.

 

In all other cases, to make a claim you must notify King Living of any damage to the Products or shortages in delivery within 24 hours of delivery by King Living by contacting 1300-13-KING (5464), by sending an email to service@kingliving.com.au, by sending a notice in writing to King Living by registered post, or by speaking with a King Living customer service representative at a King Living showroom. The notice must contain the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it is deemed acceptance of the Products by you. King Living is not liable for any claim of loss, damage or fault to the Products that you do not notify strictly in accordance with these Terms.

 

Non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.

 

ACCURACY OF INFORMATION

 

While King Living aims to ensure that the information about its products and pricing is correct on its website and in its showrooms, sometimes errors do occur. The information on its website is for information purposes only. While King Living has used its best endeavours to ensure that the information contained on and accessed through its website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. King Living does not accept any responsibility for any error, omission or defect in the information provided on its website. Where the price for a Product on King Living’s website is different to the price displayed in a King Living showroom, the price displayed in the King Living showroom is the correct price.

 

INTELLECTUAL PROPERTY

 

You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of King Living.

 

You will not knowingly allow any intellectual property belonging to King Living to be reverse engineered, pirated or copied or breached in any other manner. King Living may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of King Living's intellectual property rights.

 

PRIVACY

 

We may collect personal information in connection with King Living’s dealings with you. If so, we will abide by King Living’s Privacy Policy, a copy of which is available on King Living’s website and by request.

 

INDEMNITY

 

To the full extent permitted by law, you will indemnify King Living and keep indemnified King Living from and against all liability, loss or damage King Living may sustain, as result of a breach, act or omission, arising directly or indirectly from any breach of these Terms by you.

 

GOVERNING LAW

 

These Terms will be governed by and construed in accordance with the laws of New South Wales in Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.

 

GENERAL

 

Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between King Living and you for the purchase of the Products.

 

If any part of these Terms are found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.

 

CONTACT

 

For further information please contact King Living Customer Service:

 

1300 135 464

service@kingliving.com.au

123 Turrella St

Turrella NSW 2205 Australia

 

 

 

 

ASKNICELY ONLINE PURCHASE COMPETITION TERMS AND CONDITIONS

 

 

1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to Australian and New Zealand residents aged 18 years or over.

3. The Promoter is King Living Australia Pty. Ltd, 123 Turrella Street, Turrella, NSW 2205. ABN: 79002757333

4. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

5. Promotion commences at 5.00am AEST on Saturday 10 October 2020 and ends 11.59pm AEST on Tuesday 30th November 2021. (“Promotional Period”).

6. To enter, individuals must complete the AksNicely survey and enter their details.

7. Only one (1) entry is permitted per person.

8. Indecipherable entries will be deemed invalid.

9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, at its sole discretion, to disqualify any entrant who the Promoter has reason to believe has breached any of these Terms and Conditions tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, at its sole discretion, to determine the identity of the entrant.

11. The draw will take place at the Promoters office, King Living, 123 Turrella St, Turrella NSW 2205 on Wednesday 1st December 2021 at 11:00am AEST.

12. The judges may select additional reserve entries, and record them in order, in case of an invalid entry or ineligible entrant or the prize remains unclaimed as at Wednesday 15th December 2021 at 11:00am AEST (in which case the prize will be awarded to the first valid reserve entry).

13. The winners will be notified via phone and/or email on Wednesday, 1st December 2021 at 2:00pm AEST.

14. This is a game of chance.

15. The Promoter’s decision is final and no correspondence will be entered into.

16. The first valid entry as drawn by the judges will win the value of their purchase, up to $5,000, in the form of a gift voucher. If the total purchase price exceeds $5,000, the amount of $5,000 will be won in the form of a gift voucher. If the total purchase price is less than $5,000, the total order value, as shown on the invoice, will be won in the form of a gift voucher, with the remaining balance of the $5,000 prize value voided.

17. If within 7 days of judging, the Promoter is unable to make contact with a winner to claim the prize, the winner will forfeit the prize in its entirety. The Promoter is not liable for a winner who cannot be contacted.

18. Total individual price is up to $5,000 AUD.

19. The prize is not transferable or exchangeable.

20. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, at its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

21. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

22. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

23. As a condition of accepting a prize, the winners must sign any legal documentation in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

24. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.kingliving.com.au/terms/privacy-policy/. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.