TERMS & CONDITIONS

SECTION 1 – ACCEPTANCE OF TERMS & CONDITIONS


1. Acceptance of Terms & Conditions

(a) By accessing or using this website and its services, you agree to comply with and be bound by these terms and conditions.

2. User Eligibility and Conduct

(a) Users must be at least 18 years old to make purchases or subscribe to our services. By using the website, you affirm that you are of legal age.

(b) Users agree to adhere to applicable laws and regulations while using our services.

3. User Accounts and Responsibilities

(a) Users are responsible for maintaining the confidentiality of their account information.

(b) Users will report any unauthorised use or breach of their account to the website administrator.

(c) Sharing account credentials is prohibited, and the website is not liable for unauthorised use.



SECTION 2 – CONTENT & INTELLECTUAL PROPERTY


1. Ownership of Content

(a) All content provided on this website, including text, images, and multimedia, is the intellectual property of the website owner or its licensors.

(b) Users may not reproduce, distribute, or exploit such content without explicit permission.

2. User-Generated Content

(a) Users may submit content to the website, affirming that they
possess the necessary rights and permissions to do so.

(b) The website reserves the right to remove, edit, or reject any user
generated content that violates these terms.

3. Copyright Compliance

(a) Users agree to comply with copyright laws and refrain from using,
reproducing, or distributing copyrighted material without authorisation.

(b) Any infringement of copyright may result in the removal of
content and termination of user access.

4. License to the Website

(a) By submitting content to the website, users grant a non-exclusive
license for the website to use, reproduce, and distribute the content.

(b) This license allows the website to display and promote user
generated content within the context of its services.



SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

1. Information Accuracy

(a) The website strives to provide accurate and up-to-date
information, but users acknowledge that errors or inaccuracies may occur.

(c) The website does not guarantee the accuracy, completeness, or reliability of any information on its platform.

2. User Responsibility

(a) Users are responsible for verifying the accuracy and relevance of
information before relying on it.

(b) The website is not liable for any losses or damages resulting from
the use of inaccurate or incomplete information.

3. Updates and Modifications

(a) The website reserves the right to update, modify, or remove
information without prior notice.

(b) Users are encouraged to check for updates regularly and
acknowledge that the information provided may change over time.

4. Third-Party Content

(a) The website may include third-party content or links to external
websites for additional information. The accuracy of such content is beyond the website's control.

(b) Users engage with third-party content at their own risk and should review the terms and conditions of external sites.



SECTION 4 – OPTIONAL TOOLS

1. Tool Availability

(a) The website may provide optional tools for user convenience, but
their use is not mandatory.

(b) The website does not guarantee the availability or functionality of
optional tools.

2. User Discretion

(a) Users may choose to use optional tools provided by the website at
their discretion.

(b) The website is not responsible for any consequences resulting from the use or inability to use optional tools.

3. Third-Party Tools

(a) The website may integrate third-party tools for enhanced
functionality.

(b) The use of third-party tools is subject to the terms and conditions
of the respective tool providers.

4. Tool Modifications and Discontinuation

(a) The website reserves the right to modify or discontinue optional
tools without prior notice.

(b) Users are encouraged to provide feedback on optional tools but
acknowledge that the website is not obligated to implement suggested changes.

5. Tool Use at User's Risk

(a) Users use optional tools at their own risk, and the website
disclaims any warranties or liabilities related to their use.

(b) The website is not liable for any damages or losses resulting from the use of optional tools.



SECTION 5 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

1. User Content Submission

(a) Users may submit comments, feedback, or other content to the website voluntarily.

(b) By submitting content, users grant the website the right to use, modify, and display the content for the purpose of improving services.

2. Content Guidelines

(a) Users agree not to submit content that is unlawful, offensive, or
infringes on the rights of others.

(b) The website reserves the right to remove, edit, or reject user-
submitted content that violates these guidelines.

3. Ownership and License

(a) Users retain ownership of their submitted content but grant the
website a non-exclusive, royalty-free license to use, reproduce, and distribute the content.

(b) This license allows the website to showcase user content within
the context of its services.

4. Content Accuracy and Liability

(a) Users are responsible for the accuracy of their submitted content
and any consequences arising from its publication.

(b) The website is not liable for user-submitted content and does not
endorse or guarantee the accuracy of such content.

5. Moderation and Removal

(a) The website may moderate user comments and reserves the right
to remove or modify content deemed inappropriate or in violation of these terms.

(b) Users may report inappropriate content to the website
administrator for review.



SECTION 6 – PERSONAL INFORMATION

1. Information Collection

(a) The website may collect personal information when users register,
make a purchase, or engage in other activities.

(b) Users provide information voluntarily, and the website clearly
outlines the purposes for which the information is collected.

2. Data Security

(a) The website employs reasonable security measures to protect
personal information from unauthorised access, disclosure, or alteration.

(b) Users are responsible for maintaining the confidentiality of their
account information, including passwords.

3. Use of Personal Information

(a) Personal information is used for the purpose for which it was
collected, such as processing orders or improving user experience.

(b) Users may opt-in to receive promotional or informational
communications, and they can opt-out at any time.

4. Third-Party Disclosure

(a) The website does not sell, trade, or otherwise transfer personal
information to third parties without user consent.

(b) Exceptions may include trusted third parties assisting in website
operations, provided they agree to keep information confidential.

5. Cookie Policy

(a) The website may use cookies to enhance user experience. Users
can adjust browser settings to decline cookies, but this may affect certain functionalities.

(b) The website's Cookie Policy provides detailed information about
the use of cookies.



SECTION 7 – PROHIBITED USES

1. Use Restrictions

(a) Users are prohibited from engaging in any activity that violates
applicable laws, regulations, or these terms and conditions.

(b) The website reserves the right to terminate access for users
engaging in prohibited activities.

2. Specific Prohibitions

(a) Users shall not engage in any form of unauthorised access,
including hacking or attempting to access accounts and systems.

(b) Users shall not use the website for any unlawful or fraudulent
purposes, including but not limited to the transmission of malware or engaging in phishing activities.

(c) The website prohibits the creation or distribution of content that is
offensive, defamatory, or violates the rights of others.

3. Intellectual Property Violations

(a) Users shall not infringe upon the intellectual property rights of the
website or third parties.

(b) Reproducing, distributing, or exploiting content without explicit
permission is strictly prohibited.

4. Impersonation and Misrepresentation

(a) Users shall not impersonate any person or entity, or misrepresent
their affiliation with the website.

(b) Misleading communications or attempts to deceive other users
are strictly prohibited.

5. System Interference

(a) Users shall not attempt to interfere with the proper functioning of
the website, including the introduction of viruses or other harmful elements.

(b) Any activity that disrupts or poses a threat to the website's
systems is strictly prohibited.



SECTION 8 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1. Warranty Disclaimer

(a) The website is provided "as is" and "as available" without any warranties, expressed or implied.

(b) The website makes no representations or warranties regarding the accuracy, completeness, or reliability of content, products, or services.

2. Limitation of Liability

(a) In no event shall the website, its owners, or affiliates be liable for
any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the website or its services.

(b) This includes but is not limited to damages for loss of profits, data,
or other intangible losses, even if the website has been advised of the possibility of such damages.

3. User Responsibility

(a) Users acknowledge that the use of the website is at their own risk.

(c) Users are solely responsible for any damage to their computer
systems or loss of data resulting from the use of the website.

4. Limitation of Remedies

(a) Users agree that any claim against the website must be filed
within one year of the cause of action.

(b) The sole and exclusive remedy for dissatisfaction with the website
is to cease using it.

5. Not Professional Advice

(a) The content provided on the website is for informational purposes
only and does not constitute professional advice.

(b) Users should seek professional advice relevant to their specific
situation before making any decisions.



SECTION 9 – INDEMNIFICATION

1. User Indemnification Obligation

(a) Users agree to indemnify, defend, and hold the website, its
owners, and affiliates harmless from any claims, liabilities, damages, or expenses arising from their use of the website.

(b) This includes, but is not limited to, legal fees, arising from any
violation of these terms, infringement of intellectual property rights, or any other harmful activity.

2. Notification of Claims

(a) Users agree to promptly notify the website of any claims or
potential claims that may require indemnification.

(b) Failure to provide timely notification may affect the user's
obligation to indemnify.

3. Defence Control

(a) The website reserves the right to assume the defence and control
of any matter subject to indemnification by the user.

(b) Users agree to cooperate with the website in asserting any
available defences.

4. Limitation of Liability
(a) The website's total liability for any claim subject to indemnification
shall not exceed the amount paid by the user, if any, for the specific services giving rise to the claim.

(b) The website is not liable for indirect, incidental, consequential, or
punitive damages arising from indemnification obligations.



SECTION 10 – SEVERABILITY

1. Severability Clause

(a) In the event that any provision of these terms and conditions is
determined to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

(b) The unenforceable or invalid provision shall be replaced with a
valid provision that most closely aligns with the intent of the original provision.

2. Effect on Agreement

(a) The invalidity or unenforceability of any provision shall not affect
the validity or enforceability of the remaining provisions of these terms.

(b) The agreement between the user and the website shall continue
with the remaining provisions.

3. Modification of Severed Provision

(a) If a provision is severed and replaced, the modified provision shall be considered part of these terms as if originally included.

(b) The website reserves the right to make such modifications to severed provisions as necessary.



SECTION 11 – TERMINATION

1. Termination by the User

(a) Users may terminate their engagement with the website at any
time by ceasing to use its services.
(b) Termination does not relieve the user of any obligations incurred
before termination.

2. Termination by the Website

(a) The website reserves the right to terminate or suspend a user's
access without notice for violations of these terms and conditions.

(b) Termination may result from prohibited activities, non-compliance
with terms, or any action that poses a risk or harm to the website or other users.

3. Effect of Termination

(a) Upon termination, all rights granted to the user under these terms
cease immediately.

(b) Users are responsible for retrieving any personal information or
content submitted to the website before termination.

4. Survival of Certain Provisions

(a) Sections related to indemnification, disclaimers, and limitations of
liability shall survive termination.

(b) Termination does not affect the enforceability of these specific
provisions.



SECTION 12 – ENTIRE AGREEMENT

1. Comprehensive Agreement

(a) These terms and conditions constitute the entire agreement
between the user and the website, superseding any prior agreements, understandings, or communications.

(b) No oral or written representations not expressly stated in these
terms have any force or effect.

2. Modifications and Amendments

(a) The website reserves the right to modify these terms at any time.
Users are responsible for reviewing the terms periodically for changes.

(b) Continued use of the website after modifications constitutes
acceptance of the updated terms.

3. No Waiver of Rights

(a) Failure by the website to enforce any provision of these terms
does not constitute a waiver of its right to subsequently enforce that provision.

(b) Waiver of any provision must be in writing and signed by an
authorised representative of the website.

4. Additional Agreements

(a) In addition to these terms, certain services or products on the
website may be subject to specific agreements or policies.

(b) Users are bound by both these general terms and any additional
terms associated with specific services or products.



SECTION 13 – GOVERNING LAW

1. Applicability of Australian Law

(a) These terms and conditions are governed by and construed in
accordance with Australian law.

(b) Users submit to the non-exclusive jurisdiction of the courts of
Australia for the resolution of any disputes arising under or in connection with these terms.

2. Exclusive Application of Australian Law

(a) Any legal action or proceeding related to these terms or the use of
the website shall be brought exclusively in the courts of Australia.

(b) Users agree that the laws of Australia will exclusively govern any
such legal proceedings.
3. International Users

(a) The website makes no representation that the content, products,
or services are appropriate or available for use outside Australia.

(b) Users accessing the website from other jurisdictions are
responsible for compliance with local laws.



SECTION 14 – CHANGES TO TERMS OF SERVICE

1. Modification Authority

(a) The website reserves the right to modify, update, or replace these
terms and conditions at any time without prior notice.

(b) Changes are effective immediately upon posting on the website.

2. User Responsibility for Review

(a) Users are responsible for regularly reviewing these terms to stay
informed of any modifications.

(b) Continued use of the website after modifications constitutes
acceptance of the updated terms.

3. Notification of Changes

(a) The website may, at its discretion, provide notification of
significant changes via email or other means.

(b) Users are encouraged to provide accurate contact information to
receive such notifications.

4. User Discretion

(a) Users have the discretion to discontinue use of the website if they
do not agree with the modified terms.

(b) Termination of use is the sole remedy for users who do not accept
the modified terms.



SECTION 15 – CONTACT INFORMATION

For any additional questions, inquiries, or assistance, please feel free to contact us at legalteam@kynd.com.au. We appreciate your engagement and are here to provide support and address any concerns you may have. Your feedback is valuable to us, and we encourage you to reach out with any suggestions for improvement or general inquiries. Thank you for choosing our services.