Terms of Use (“Terms”)

Date of last update: 10 July 2018

  1. The Application
    • Thisapplication (“Application”) is owned and operated by KIC Consulting Pty Ltd A.C.N. 621 336 310 (“Company”).
    • In these Terms, the singular includes the plural and vice versa and references to “we” or “us” will be read as references to the Company.
  2. Your use of theApplication
    • These Terms govern your access and use of the Application.
    • By downloading the Application, you agree to be bound by these Terms and, as a parent or legal guardian, you accept these Terms on behalf of a minor that you allow to access the Application. If you do not agree with these Terms, you must not access or use the Application.
    • The Company reserves its right to change these Terms from time to time, and without prior notice to you, by changing them on this page. When we change these Terms, we will also update the “Date of last update” at the top of the Terms. You should check this page occasionally to ensure you are familiar with any changes.
  3. Downloading the Application
    • In order to use the Application, you will need to download the latest version of the Application on a compatible device.
    • We continually review device support and operating systems and may stop supporting older versions. We may update the Application at any time, so for the best experience you must ensure that your operating system and Application is updated to the latest version.
    • The Applicationis provided to you using your broadband internet connection, mobile connection or wireless connection (each an “Internet Connection”).
    • Any costs (including data charges) associated with downloading, installing or accessing the Applicationis the responsibility of the user.
  4. Account registration, information and passwords
    • In order to access and use certain features of the Application, you must register to create an account (“Account”).
    • Information you provide during the registration process will be used to create your Account. You must ensure that the information you provide is accurate, complete and current.
    • It is your responsibility to protect your password. You agree to not disclose your password to any third party, and you are responsible for any activities or actions under your Account whether or not you have allowed such activities or actions.  Any unauthorised use of your Account must be notified to us immediately.
  5. Links
    • We may provide links to other websites or applications. This is done for your convenience only.  We take no responsibility for the accuracy or currency of the information on those websites or applications.  We do not endorse any information, goods or services referred to within those websites or applications, and our provision of these links should not be taken as an endorsement.
  6. Marketing
    • From time to time, we may communicate with you via email or other methods about products, promotions and offers that may be of interest to you. If you do not want to receive such communications, you may unsubscribe by clicking the link at the bottom of the communication.
  7. Intellectual Property Rights
    • The Application is owned and operated by us, including all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services (“Content”) is protected by copyright, trademark and other laws of Australia and other countries. You acknowledge and agree that the Application and Content, including all associated intellectual property rights, are our exclusive property.
    • You will not, and you will not assist, facilitate or authorise any third party to:
      1. copy, transfer publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the Application;
      2. alter or tamper with the Application; or
      3. sell or make any charge for using any part of the Application.
  1. Disclaimer
    • We make no representation that anything offered through the Application is available for use in other locations, or that it complies with laws and regulations of other locations. We make no warranty that the Application will meet your requirements or be available on an uninterrupted, secure or error-free basis.  We make no warranty regarding accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Application.
  2. Liability
    • Unless the Australian Consumer Law says otherwise, we (and our affiliates and their officers, directors, employees and agents) are not liable for loss or damage arising out of or in connection with your use of, or inability to use, the materials in and/or facilities or services offered through the Application including but not limited to any loss of profits, lost business, special, incidental, exemplary, consequential, punitive or indirect damages whether based on contract, tort or otherwise and whether or not we have been informed of the possibility of such damages in advance.
    • Unless the Australian Consumer Law says otherwise, our total liability for any claims arising out of or relating to your use of the Application shall be limited to $100.
  3. Indemnity
    • To the fullest extent allowed by law, you agree to release, defend, indemnify, and hold us (and our affiliates and their officers, directors, employees and agents) harmless from and against any claims, liabilities, damages, losses and expenses including legal fees arising out of or related to access to and use of the Application or Content, or your violation of these Terms.
  4. General
    • Youmust follow our reasonable instructions about how you use the Application. You must notusethe Application for any improper or unlawful purpose and you will not allow anyone else to do the same.
    • We may suspend or cancel an individual user’s use of the Application without prior notice or warning.
    • We can temporarily or permanently restrict or suspend your use of the Application immediately if:
      1. you have breached these Terms;
      2. you have engaged in unlawful or fraudulent conduct in connection with the Application;
      3. it is reasonably necessary to update the Application;
      4. there are technical or operational reasons outside of our control that prevent us continuing to support the Application;
      5. we are required to do so by law or to comply with (or manage our compliance with) a notice, order, direction or request of a regulator or emergency services organisation; or
      6. if required by a third party.
    • All or any part of any term of these Terms that is found to be unfair or unenforceable will be treated as deleted and the remainder of the terms will continue to govern each of our respective obligations going forward.
    • Unless the Australian Consumer Law says otherwise, these Terms constitute the entire agreement between you and us. These Terms superseded and replace any and all prior oral or written understandings or agreements between you and us relating to each subject matter.
    • Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies.
    • We may from time to time provide you with notices by email or by postings on the Application. It is your responsibility to regularly check your email and the Application for any such notices.
    • These Terms, and all related matters, are governed and interpreted by the laws of New South Wales, Australia. Any dispute under these Terms shall be subject to the exclusive jurisdiction of the Courts of New South Wales and Australia.
  5. Feedback
    • We value and welcome your feedback, comments and suggestions. You may submit your feedback by emailing us at: [email protected]