These Terms of Use (Terms) are legally binding and govern your access to and use of https://www.kwmkinetic.com/products/diy-contracts https:/(Website) and DIY Contracts (Platform). KWM Kinetic Pty Ltd as trustee for the Citenik Unit Trust (KWMK, we, our and us) operates the Website and Platform. Please consider these Terms carefully and contact us if you have any questions (see “Contact us” below).
In these Terms, you and user means the individual accessing this website and/or using the Platform by way of a registered account.
Your use of the Website and Platform constitutes your acceptance of these Terms. These Terms may be updated from time to time and your continued use of the Website and Platform constitutes your acceptance of any changes to these Terms.
Your access to and use of the Platform
The Platform is a digital app which allows you to generate customised design & construct contracts based on your inputs into a questionnaire (Products).
In order to access the Platform, you will need to register an account and create a user profile on the Website.
In order to register a Platform account and to create a user profile, you will also need to provide us with certain personal information such as your name, email address and any other necessary personal information (Personal Information) (see “Personal Information” below).
You may also be required to agree to certain other third party terms in relation to your access to and use of the Platform, and payment facilities for the Product.
Your responsibilities as a user
You acknowledge that by accessing the Website and using the Platform you have certain responsibilities.
You agree that you will:
· comply with these Terms and all applicable laws in relation your access to the Website and your use of the Platform;
· only use the Website and the Platform for your own business purposes;
· upload or submit Personal Information that is complete, current and accurate. You warrant that you are the owner of the Personal Information or otherwise have the authority to upload or submit that Personal Information on behalf of the owner;
· keep all user credentials, login details and passwords confidential;
· use reasonable endeavours to prevent unauthorised access to the Platform by any other person and notify us immediately if you suspect that unauthorised access has occurred;
· notify us immediately if you become aware of or suspect any illegal or unauthorised activity in relation to your account;
· notify us immediately if you become aware of any actual or suspected infringement to Intellectual Property Rights in relation to Personal Information;
· be responsible for assessing the relevance and accuracy of the information and material generated by the Platform; and
· comply with our reasonable and lawful instructions relation to your use of the Website and the Platform.
You agree that you will not:
· use any part of the Website or the Platform for an illegal purpose or in a way which is inaccurate or misleading or offensive, or which brings us into disrepute;
· reproduce all or any part of the content or design of the Website or the Platform, adapt, store in a retrieval system, transmit, print, display, perform, or publish or create derivative works from, any part of the content or design of the Website or the Platform;
· decompile, reverse engineer, disassemble or attempt to derive the source code of the Website or the Platform;
· cause any content or material on the Website or in relation to the Platform to be framed or embedded in another website;
· commercialise your use of Platform or any content or material on the Website;
· log-in to a Platform account with credentials that do not belong to you;
· permit another person to use your credentials to log-in to and use your Platform account;
· use the Platform to store or transmit any material or data that infringes upon another person’s Intellectual Property Rights;
· upload or submit any data, file, software or link that causes harm or is harmful to the Website, the Platform, or any other user or third party;
· access or use the Website or the Platform to develop or assist a third party with the development of a similar product or to copy any ideas, features or functions of the Platform; and
· collaborate or assist with any third party (including your employer) in holding out that they own or control the Platform or to take credit for the creation of the Platform.
Termination or suspension of use
If we consider, in our sole discretion, that your use of the Platform is inconsistent with these Terms, we may revoke your access to the Platform without notice or liability. We may choose to suspend or terminate your account in our sole discretion.
Intellectual property rights
All Intellectual Property Rights in relation to the content, materials and design of the Website and the Platform are owned by KWMK or are used under licence to KWMK and are protected by applicable intellectual property laws. You may not use our trade marks without our prior written consent.
In these Terms, Intellectual Property Rights means all copyright and analogous rights (including moral rights), all rights in relation to inventions (including patent rights), registered and unregistered trade marks, designs, confidential information (including trade secrets), know-how and all other rights resulting from intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether non-registrable, registered or patentable.
Personal Information
We collect personal information about you, including your name, email address and any other personal information necessary to support the functionality of the Website and the Platform.
Please see our Privacy Notice for information about how we use and handle personal information provided to or collected by us and about your agreement to the use of that information.
Exclusion of liability
Save to the extent that any liability cannot be excluded or limited under applicable law (including liability for death or personal injury, or for fraud or reckless disregard of professional obligations), all liability of KWMK, any of its affiliated or associated entities, its partners, officers, employees and contractors to you or any other person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to any material and / or any use of the Website or the Platform, or the availability of the Website or the Platform or any content, is excluded.
You acknowledge that the internet is not a secure medium and communications to and from us may be intercepted or altered in transit. As such, we do not warrant that any communication between us is error free or free from viruses or any other harmful devices.
Changes to Terms and updates to the Platform
We reserve the right to change these Terms from time to time. We will provide you with reasonable notice prior to any material changes taking effect by emailing you using the email address that you have provided to us.
The most current version of these Terms will be displayed on the Website.
We will use reasonable endeavours to provide access to the Platform at all times. We are not liable if the Platform may become unavailable because of system, electrical or telecommunications fault or failure, maintenance, updating or repair or for other reasons beyond our control. We will use best endeavours to give reasonable notice of any maintenance or repair that will cause the Platform to be unavailable for a significant period of time.
We may discontinue or suspend access to the Platform if we consider it necessary to do so in order to protect system integrity or security of the Product. We will not be liable to you for any loss or damage that you suffer arising from such discontinuance or suspension of your access to the Platform.
Links to external websites
Any links to external websites displayed on the Website are for information only. We do not endorse or accept responsibility for the content or material displayed on any website linked to the Website.
Severability
If any of these Terms (or part thereof) are determined to be void or unenforceable, such term(s) (or part thereof) will be severed and the remaining terms will continue in force.
Surviving provisions
This term along with the terms titled “Intellectual property rights” and “Exclusion of liability” will survive termination of these Terms.
Disclaimer
KWMK is not a legal services provider. Nothing contained on the Website or within the Platform, or any communication between you and us, constitutes legal advice or other professional advice.
Entire agreement
These Terms constitute the entire agreement between us in relation to the use of the Website and the Platform. Should you purchase a Product through the Platform, you will be required to accept additional Terms of Business (Product Terms), which will form part of the agreement between us. In the event of any inconsistency between these Terms and the Product Terms, the Product Terms will prevail.
Governing law
These Terms are governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the Courts of New South Wales in relation to any dispute in relation to these Terms.
Contact us
Please contact us at DIYContracts@kwmkinetic.com if you have any comments or questions about in relation to the Website or the Platform.
For your information:
