Terms

TERMS AND CONDITIONS OF USE

 

These terms and conditions apply to the use of this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website.

 

Terminology

 

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to K Corporation Pty Ltd, Domain Design, their officers, directors, employees and agents (collectively).

 

Amendments to Terms and Conditions

 

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

 

Disclaimer

 

This website has been prepared by us for general information only. While we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website. You should make your own enquiries as to the accuracy of the information contained on this website.

 

Nothing on this website constitutes advice. We recommend that you seek your own independent professional advice regarding any of the information on this website.

 

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained in or accessed through this website.

 

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. 

 

Third Party Content

 

On this website, the profiles displayed as search results, the news and the advertising material are developed by third parties (“third party content”). We are not responsible for the third party content. Our display of the third party content should not be construed as an endorsement, approval or recommendation by us of the owners or operators of that third party content or of any information, text, materials, graphics, logos, icons, photographic images, products or services referred to or contained in that third party content, unless and to the extent stated.

   

Copyright

 

Copyright in this website (including software, format, information, text, materials, graphics, logos, icons, photographic images, products and services but excluding third party content) is owned or licensed by us. Copyright in third party content is retained by the lawful owners of that third party content. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and except as expressly authorized by these terms and conditions, you may not in any form or by any means:

 

(a)                adapt, reproduce, store, distribute, display, perform, publish or create derivative works from any part of this website; or

(b)                commercialize any information, products or services obtained from any part of this website;

 

without either our written permission or the written permission of the lawful owners of the third party content as the case may be.

 

Trade Marks

 

Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.

 

You must not use any of our trade marks:

 

(a)                in or as the whole or part of your own trade marks;

(b)                in connection with activities, products or services which are not ours;

(c)                in a manner which may be confusing, misleading or deceptive; or

(d)               in a manner which disparages us or this website, our information, products or services.

 

Restricted Use

 

Unless we otherwise agree in writing, you are provided with access to this website only for your personal use. You are authorized to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited.  Without limiting the foregoing, you may not without our written permission on sell information obtained from this website.

 

Linked Websites

 

This website contains links to other websites (“linked websites”). We are not responsible for the content of or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stated.

 

Subscription

 

Subscribers to this website agree to be bound by our Terms and Conditions of Subscription.

 

Contribution

 

Contributors to the News section of this website agree to be bound by our Terms and Conditions of Contribution.

 

Advertising

 

Advertisers on this website agree to be bound by our Terms and Conditions of Advertising.

 

General

 

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

 

Governing law

 

These terms and conditions are governed by the laws in force in Victoria, Australia. In using this website you agree to submit to the exclusive jurisdiction of the courts and tribunals of Victoria, Australia.

 

TERMS AND CONDITIONS OF SUBSCRIPTION

 

These terms and conditions apply to all persons and entities which subscribe to this website. These terms and conditions are to be read in conjunction with the Terms and Conditions of Use. If you do not accept these terms and conditions you must not subscribe to this website.

 

Terminology

 

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to K Corporation Pty Ltd, Domain Design, their officers, directors, employees and agents (collectively).

 

“Subscriber” means any person or entity, their officers, directors, employees and agents (collectively) which subscribes to this website.

 

“Content” means all information, text, materials, graphics, logos, icons and photographic images submitted by the subscriber for inclusion on this website.

 

Amendments to Terms and Conditions

 

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. The subscriber’s continued use of the website following such notification will represent an agreement by the subscriber to be bound by the terms and conditions as amended.

 

Submission of Content

 

By submitting content for inclusion on this website, the subscriber warrants to us that the content:

 

(a)                  is current, accurate and not misleading;

(b)                  is prepared, formatted and presented to a high quality;

(c)                  is not fraudulent, defamatory or obscene;

(d)                 is free of viruses, malicious computer code or other forms of interference which may damage this website or our computer system;

(e)                  does not breach or infringe the intellectual property rights, confidentiality rights or privacy rights of any person or entity;

(f)                   does not breach or infringe any contractual obligation;

(g)                  does not breach or infringe any relevant State or Commonwealth legislation; and

(h)                  does not breach or infringe any applicable legislation of other jurisdictions.

 

The subscriber must procure both on its behalf and on our behalf all proper licences, clearances, permissions and releases in writing in respect of any intellectual property rights, confidentiality rights, privacy rights or contractual obligations in relation to the content to enable the content to be included on this website.

 

Security of Transmission

 

No data transmission over the internet can be guaranteed as completely secure. We do not warrant and cannot ensure the security of any information which the subscriber transmits to us. Any information which the subscriber transmits to us is transmitted at its own risk.

 

Inclusion of Content

 

We will use our reasonable endeavours to include the content submitted by the subscriber in the format submitted by the subscriber. We may, in our discretion and without consultation with the subscriber, vary the content submitted by the subscriber in order to correct errors, standardize format and improve presentation.

 

Right to Refuse Content

 

We reserve the right to either refuse to include the content or withdraw the content at any time without giving reasons.

 

Retention of Copyright

 

Copyright in the content submitted by the subscriber is retained by its lawful owner.

 

Authorization of Use

 

The subscriber and the lawful owner of the copyright in the content authorize and consent to its inclusion on this website and further authorize and consent to its reproduction in other forms of media to advertise, market and promote this website.

 

Payment of Subscription Fees

 

Unless otherwise agreed by us in writing, subscription fees are paid annually in advance in the amount set by us from time to time.

 

Refund of Subscription Fees

 

Unless otherwise agreed by us in writing, annual subscription fees are not refundable either in whole or in part.

 

In the event that we refuse to include the content of a subscriber, we will refund any subscription fee paid by the subscriber.

 

In the event that we withdraw the content of a subscriber, we will refund that part of the subscription fee paid by the subscriber applicable to the period commencing on the date on which the content is withdrawn and ending on the date on which the annual subscription would otherwise have expired.

 

Renewal of Subscription

 

Prior to the date on which the annual subscription expires, we will invite the subscriber to renew its annual subscription for a subscription fee in an amount set by us from time to time.

 

Thereafter, unless otherwise requested by the subscriber in writing, the annual subscription will be automatically renewed utilizing the existing payment method.

 

We reserve the right to refrain from inviting a subscriber to renew its subscription without giving reasons.

 

Liability

 

The subscriber acknowledges that it has not relied on any advice given or representation made by or on behalf of us in connection with these terms and conditions and the subscription.

 

To the extent permitted by law, we exclude all liability to the subscriber for any costs, expenses, loss or damage however caused (including through negligence) which the subscriber may directly or indirectly suffer or incur in connection with these terms and conditions and the inclusion of the content on this website.

 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

 

We will not be liable for any delay or failure in performance resulting directly or indirectly from factors outside our reasonable control including but not limited to any Force Majeure, internet failure, computer equipment failure, telecommunication equipment failure, other equipment failure, electrical power failure, loss of or fluctuation in temperature or light, war, insurrection, strike, labour dispute, civil disturbance, act of terror, malicious damage, governmental or legal action or restraint or the non-performance of third parties. 

 

The subscriber indemnifies us against any costs, expenses, loss, damage and liability suffered or incurred by us (including the cost of defending or settling any action, claim or demand which may be instituted against us) arising from the subscriber’s breach of these terms and conditions and any negligent or unlawful act or omission of the subscriber in connection with these terms and conditions and the content.

 

Insurance

 

The subscriber must procure both on its behalf and on our behalf all necessary insurances in respect of potential liability, loss or damage arising at common law or under any State, Commonwealth or other applicable legislation in respect of claims for property damage, personal injury, public liability and professional indemnity relevant to the performance of the subscriber’s obligations pursuant to these terms and conditions.

 

The subscriber must produce evidence on our request and to our satisfaction that all necessary insurances have been effected and maintained.

 

Disputes

 

In the event that a dispute arises in relation to either these terms and conditions or any aspect of the subscription, we and the subscriber will use our best endeavours to resolve the dispute by negotiation.

 

In the event that the dispute cannot be resolved by negotiation, we and the subscriber agree to participate in mediation the cost of which will be born equally by us.

 

The foregoing will not preclude either us or the subscriber from seeking urgent equitable relief before an appropriate court. 

 

General

 

If we waive any rights available to us pursuant to these terms and conditions on one occasion, we will be under no obligation to similarly waive those rights on a subsequent occasion.

 

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nonetheless continue in full force.

 

Governing Law

 

These terms and conditions are governed by the laws in force in Victoria, Australia. In subscribing to this website the subscriber agrees to submit to the exclusive jurisdiction of the courts and tribunals of Victoria, Australia.


 

TERMS AND CONDITIONS OF CONTRIBUTION


These terms and conditions apply to all persons and entities which contribute to this website. These terms and conditions are to be read in conjunction with the Terms and Conditions of Use. If you do not accept these terms and conditions you must not contribute to this website.

 

Terminology

 

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to K Corporation Pty Ltd, Domain Design, their officers, directors, employees and agents (collectively).

 

“Contributor” means any person or entity, their officers, directors, employees and agents (collectively) which contributes to this website.

 

“Contribution” means all information, text, materials, graphics, logos, icons and photographic images submitted by the contributor for inclusion on this website.

 

Amendments to Terms and Conditions

 

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. The contributor’s continued use of the website following such notification will represent an agreement by the contributor to be bound by the terms and conditions as amended.

 

Submission of Content

 

By submitting a contribution for inclusion on this website, the contributor warrants to us that the contribution:

 

(a)                  is current, accurate and not misleading;

(b)                  is prepared, formatted and presented to a high quality;

(c)                  is not fraudulent, defamatory or obscene;

(d)                  is free of viruses, malicious computer code or other forms of interference which may damage this website or our computer system;

(e)                  does not breach or infringe the intellectual property rights, confidentiality rights or privacy rights of any person or entity;

(f)                   does not breach or infringe any contractual obligation;

(g)                  does not breach or infringe any relevant State or Commonwealth legislation; and

(h)                  does not breach or infringe any applicable legislation of other jurisdictions.

 

The contributor must procure both on its behalf and on our behalf all proper licences, clearances, permissions and releases in writing in respect of any intellectual property rights, confidentiality rights, privacy rights or contractual obligations in relation to the contribution to enable the contribution to be included on this website.

 

Security of Transmission

 

No data transmission over the internet can be guaranteed as completely secure. We do not warrant and cannot ensure the security of any information which the contributor transmits to us. Any information which the contributor transmits to us is transmitted at its own risk.

 

Inclusion of Content

 

We will use our reasonable endeavours to include the contribution in the format submitted by the contributor. We may, in our discretion, vary the contribution in order to correct errors and improve format and presentation. We will use our reasonable endeavours to notify the contributor of any such variations. 

 

Right to Refuse Contribution

 

We reserve the right to either refuse to include the contribution or withdraw the contribution at any time without giving reasons.

 

Retention of Copyright

 

Copyright in the contribution submitted by the contributor is retained by its lawful owner.

 

Authorization of Use

 

The contributor and the lawful owner of the copyright in the contribution authorize and consent to its inclusion on this website and further authorize and consent to its reproduction in other forms of media to advertise, market and promote this website.

 

Remuneration

 

Unless otherwise agreed by us in writing, we will not be liable to remunerate the contributor for the contribution.

 

Liability

 

The contributor acknowledges that it has not relied on any advice given or representation made by or on behalf of us in connection with these terms and conditions and the contribution.

 

To the extent permitted by law, we exclude all liability to the contributor for any costs, expenses, loss or damage however caused (including through negligence) which the contributor may directly or indirectly suffer or incur in connection with these terms and conditions and the inclusion of the contribution on this website.

 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

 

We will not be liable for any delay or failure in performance resulting directly or indirectly from factors outside our reasonable control including but not limited to any Force Majeure, internet failure, computer equipment failure, telecommunication equipment failure, other equipment failure, electrical power failure, loss of or fluctuation in temperature or light, war, insurrection, strike, labour dispute, civil disturbance, act of terror, malicious damage, governmental or legal action or restraint or the non-performance of third parties. 

 

The contributor indemnifies us against any costs, expenses, loss, damage and liability suffered or incurred by us (including the cost of defending or settling any action, claim or demand which may be instituted against us) arising from the contributor’s breach of these terms and conditions and any negligent or unlawful act or omission of the contributor in connection with these terms and conditions and the contribution.

 

Insurance

 

The contributor must procure both on its behalf and on our behalf all necessary insurances in respect of potential liability, loss or damage arising at common law or under any State, Commonwealth or other applicable legislation in respect of claims for property damage, personal injury, public liability and professional indemnity relevant to the performance of the contributor’s obligations pursuant to these terms and conditions.

 

The contributor must produce evidence on our request and to our satisfaction that all necessary insurances have been effected and maintained.

 

Disputes

 

In the event that a dispute arises in relation to either these terms and conditions or any aspect of the contribution, we and the contributor will use our best endeavours to resolve the dispute by negotiation.

 

In the event that the dispute cannot be resolved by negotiation, we and the contributor agree to participate in mediation the cost of which will be born equally by us.

 

The foregoing will not preclude either us or the contributor from seeking urgent equitable relief before an appropriate court. 

 

General

 

If we waive any rights available to us pursuant to these terms and conditions on one occasion, we will be under no obligation to similarly waive those rights on a subsequent occasion.

 

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nonetheless continue in full force.

 

Governing Law

 

These terms and conditions are governed by the laws in force in Victoria, Australia. In contributing to this website the contributor agrees to submit to the exclusive jurisdiction of the courts and tribunals of Victoria, Australia.


 

TERMS AND CONDITIONS OF ADVERTISING


These terms and conditions apply to all persons and entities which advertise on this website. These terms and conditions are to be read in conjunction with the Terms and Conditions of Use. If you do not accept these terms and conditions you must not advertise on this website.

 

Terminology

 

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to K Corporation Pty Ltd, Domain Design, their officers, directors, employees and agents (collectively).

 

“Advertiser” means any person or entity, their officers, directors, employees and agents (collectively) which advertises on this website.

 

“Advertising material” means all information, text, materials, graphics, logos, icons and photographic images submitted by the advertiser for inclusion on this website.

 

Amendments to Terms and Conditions

 

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. The advertiser’s continued use of the website following such notification will represent an agreement by the advertiser to be bound by the terms and conditions as amended.

 

Submission of Content

 

By submitting advertising material for inclusion on this website, the advertiser warrants to us that the content:

 

(a)                  is current, accurate and not misleading;

(b)                  is prepared, formatted and presented to a high quality;

(c)                  is not fraudulent, defamatory or obscene;

(d)                  is free of viruses, malicious computer code or other forms of interference which may damage this website or our computer system;

(e)                  does not breach or infringe the intellectual property rights, confidentiality rights or privacy rights of any person or entity;

(f)                   does not breach or infringe any contractual obligation;

(g)                  does not breach or infringe any relevant State or Commonwealth legislation; and

(h)                  does not breach or infringe any applicable legislation of other jurisdictions.

 

The advertiser must procure both on its behalf and on our behalf all proper licences, clearances, permissions and releases in writing in respect of any intellectual property rights, confidentiality rights, privacy rights or contractual obligations in relation to the advertising material to enable the advertising material to be included on this website.

 

Security of Transmission

 

No data transmission over the internet can be guaranteed as completely secure. We do not warrant and cannot ensure the security of any information which the advertiser transmits to us. Any information which the advertiser transmits to us is transmitted at its own risk.

 

Inclusion of Advertising Material

 

We will use our reasonable endeavours to include the advertising material in the format submitted by the advertiser and in the position requested by the advertiser. We may, in our discretion, vary the advertising material in order to correct errors and improve format and presentation. We may also, in our discretion, vary the position of the advertising material on the website. We will use our reasonable endeavours to notify the advertiser of any such variations. 

 

Right to Refuse Advertising Material

 

We reserve the right to either refuse to include the advertising material or withdraw the advertising material at any time without giving reasons.

 

Retention of Copyright

 

Copyright in the advertising material submitted by the advertiser is retained by its lawful owner.

 

Authorization of Use

 

The advertiser and the lawful owner of the copyright in the advertising material authorize and consent to its inclusion on this website. The advertiser and the lawful owner of the copyright in the advertising material further authorize and consent to its further use on this website and in newsletters generated by this website such further use to be determined in our discretion and without further cost to the advertiser.

 

Payment of Advertising Costs

 

The advertiser must pay for the advertising material in accordance with the rates and terms set by us from time to time.

 

We reserve the right to vary the rates from time to time without notice.

 

Credit

 

We may grant, deny or withdraw credit to an advertiser at any time in our discretion and without giving reasons.

 

Liability

 

The advertiser acknowledges that it has not relied on any advice given or representation made by or on behalf of us in connection with these terms and conditions and the advertising.

 

To the extent permitted by law, we exclude all liability to the advertiser for any costs, expenses, loss or damage however caused (including through negligence) which the advertiser may directly or indirectly suffer or incur in connection with these terms and conditions and the inclusion of the advertising material on this website.

 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

 

We will not be liable for any delay or failure in performance resulting directly or indirectly from factors outside our reasonable control including but not limited to any Force Majeure, internet failure, computer equipment failure, telecommunication equipment failure, other equipment failure, electrical power failure, loss of or fluctuation in temperature or light, war, insurrection, strike, labour dispute, civil disturbance, act of terror, malicious damage, governmental or legal action or restraint or the non-performance of third parties. 

 

The advertiser indemnifies us against any costs, expenses, loss, damage and liability suffered or incurred by us (including the cost of defending or settling any action, claim or demand which may be instituted against us) arising from the advertiser’s breach of these terms and conditions and any negligent or unlawful act or omission of the advertiser in connection with these terms and conditions and the advertising material.

 

Insurance

 

The advertiser must procure both on its behalf and on our behalf all necessary insurances in respect of potential liability, loss or damage arising at common law or under any State, Commonwealth or other applicable legislation in respect of claims for property damage, personal injury, public liability and professional indemnity relevant to the performance of the advertiser’s obligations pursuant to these terms and conditions.

 

The advertiser must produce evidence on our request and to our satisfaction that all necessary insurances have been effected and maintained.

 

Disputes

 

In the event that a dispute arises in relation to either these terms and conditions or any aspect of the advertising, we and the advertiser will use our best endeavours to resolve the dispute by negotiation.

 

In the event that the dispute cannot be resolved by negotiation, we and the advertiser agree to participate in mediation the cost of which will be born equally by us.

 

The foregoing will not preclude either us or the advertiser from seeking urgent equitable relief before an appropriate court. 

 

General

 

If we waive any rights available to us pursuant to these terms and conditions on one occasion, we will be under no obligation to similarly waive those rights on a subsequent occasion.

 

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nonetheless continue in full force.

 

Governing Law

 

These terms and conditions are governed by the laws in force in Victoria, Australia. In advertising on this website the advertiser agrees to submit to the exclusive jurisdiction of the courts and tribunals of Victoria, Australia.