Website and Application Terms and Conditions

These terms and conditions (Terms) govern your membership to using information, resources and any services we provide through our website at www.kiindred.co (Website) and the “Kiindred” software application (App) (collectively, the Service) and form a legally binding agreement between you (you or your) and us, Kiindred Pty Ltd (ABN 85 608 952 558) (we or us). Prior to using the Service you will be required to set up an account which will enable you to access the Service by using a username and password.

 

Licence

We grant you a revocable, non-exclusive, non-transferable, royalty-free licence to use the Service during the period in which you are a member.

 

The Service

“Kiindred” is a social parenting networking and information site.

You must use the Service for the purpose for which it is intended and not for anything else. You acknowledge that the purpose of the Service is to provide a facility for you and others like you who would like to gain access to resources, guides and information that is intended to inspire, assist and improve the lives of parents, carers and their children, receive information about products, services, offers and events that you might be interested in, and for the purpose of social networking with other parents and carers (Intended Purpose).

You must not attempt to hack, decompile, disassemble, modify, translate, adapt, reverse engineer or create derivative works from any part of the Service. In using the Service you must not transmit or introduce any virus or corrupt files so as to damage or disrupt the Service.

 

Membership and access

To become a member and access the Service, you will need to provide us with the following details: your name, your child(ren)’s name(s) and date(s) of birth, postcode, hospital where child(ren) was born (this is optional), your email address and mobile phone number.  Other members of the Service will be able to find you within the Service by your name and postcode in order to connect with you, and you expressly consent to your information being collected for that purpose.

 

Your membership account

You must keep your account details including your username and password secure at all times and do all such things necessary to prevent another person from using or accessing your account details.  You are responsible for all activities that occur under your account.  You must notify us at [email protected] of any unauthorised use of your password or login or any other breach or suspected breach of security in respect of the Service.

 

Termination

You may terminate your membership at any time.  We may suspend, limit or terminate your membership immediately at any time without notice or cause, including if we cease to operate the Service, if you have, in our reasonable opinion, breached these Terms in any way, or if we determine in our sole discretion that you pose a threat to the Service or its users.

 

Consequences of termination

On termination of your membership we will revoke your access to the Service with effect from the effective date.  However, you may elect to use the Services again, and use either your existing account or create a new account.

 

Messaging system

The Service includes a messaging system which is to be strictly used for the Intended Purpose and not for any other purpose.

You agree that in order for us to provide you with the social networking feature of the Service, we will require access to the contact list on your mobile device or other social networking application software of which you are a member, eg Facebook, in order to find the mobile phone numbers of other members of the Service as well as your contacts who are not yet members of the Service.   You will then have the option of sending a friend request to those members of the Service, or inviting those contacts to become members of the Service.  You will also be able to find other members of the Service by searching by their name and postcode, and conversely you will be able to be found by your name and postcode by other members of the Service.  You will be able to share content using the Service with friends who are not members of the Service, however they will not be able to view the full content until they have become a member of the Service.

 

Content

You are solely responsible for any content created, sent, received, stored, posted or transmitted on the Service that is submitted through your account, including through the messaging system (“Your Content”). Your Content must be lawful and appropriate.  Your Content must not be offensive, illegal, in breach of confidentiality or privacy, defamatory, pornographic, offensive, discriminatory, abusive, misleading or deceptive, intimidating, bullying, harassing or threatening, infringe another party’s intellectual property rights, of a nature that would bring us or the Service into disrepute.

 

Inappropriate Content or Use

We are not required to do so, but we may access, monitor and review Your Content, and if we determine, in our sole and absolute discretion, that Your Content is inappropriate, unlawful or in breach of these Terms or you use the Service for a purpose that is not intended by us, we may without notice to you, remove all or any part of Your Content. In addition, we may also deactivate or terminate your account and permanently block you from using or receiving the Service without notice to you. We may also report you to any relevant legal authorities.

 

Information

The Service includes information, guides and inspiration on topics that are related to parenting and children, which is presented in the form of a news feed and can be personalised based on the age of your child.  The information that we provide via the Service is general in nature and is not intended to be professional or medical advice or the provision of a health service, and should not be used as an alternative to consulting with a qualified professional.

 

Events, offers and marketing

The Service includes information about local events, activities, products and offers for parents, carers and children provided by third parties.  You may search for events, activities, products and offers that may be of interest to you depending on your baby’s age, your location and the category of interest..  While we do our best to provide you with relevant and accurate information, we cannot guarantee that the content will be free of errors, and it is up to you to check the details with the event, activity, product or offer provider.

 

Advertising and contributing to the Service

If you wish to advertise or notify us of a public event, activity or product to be included in the Service which is viewable by all our members please contact us directly at [email protected].  It is your responsibility to provide us with current and accurate information and details to be published on the Service.  We reserve the right not to publish or edit the details of any item without your permission.

You must not without our prior written consent  promote, market or sell any products or services for financial gain directly to contacts that you make through the Service.

You may also create and post the details of your own private event using the Service, but these will only be viewable by those members that you specifically invite to your event and not all members of the Service generally.

 

Promotions

From time to time, we may host promotions as part of the Service.  We will provide separate terms and conditions in relation to those promotions on the Website.

 

Intellectual property rights

You will own all intellectual property rights in Your Content. You grant us a royalty free perpetual irrevocable worldwide transferrable licence to use Your Content, but specifically excluding any content transmitted by you through the messaging system, in any way we see fit (including, without limitation, reproducing, modifying and publishing) and permit us to authorise any person to do the same thing.  You permit us to modify Your Content and determine the way that it is accessed and presented on the Service.  You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party consents in the same manner. You acknowledge that we cannot control what other members do with Your Content and that we are not responsible for the acts of third parties in relation to Your Content including but not limited to breach of any of your intellectual property rights.  This licence and consent will survive the termination of these Terms.

We own all intellectual property rights in our name, logo, trade mark, domain name and the Service including but not limited to images, designs, literary and artistic works, screen formats, source codes, object codes, layouts and file structures underlying the Service except any content generated by other members or licensed by third parties to us and any content that is posted by us. We also own all intellectual property rights subsisting in or relating to the Service.

You will not do or omit to do anything that will infringe our intellectual property rights or those from whom we have licensed.

 

Representations and Warranties

You represent and warrant to us you own Your Content and the publication of Your Content on the Service will not infringe the rights of any person and that you have obtained all necessary consents and approvals to post Your Content. You also represent and warrant to us that Your Content is true and correct in all respects and is not misleading or deceptive.

We do not represent or warrant that the Service will be available at all times or that they will be free of error or omissions. We may decommission or transfer the Service at any time without incurring any liability to you or anyone else. We may also terminate any part or all of the Service at any time without notice to you.

You represent and warrant that you have the legal capacity to enter into these Terms, and that you have complied with all applicable laws in using the Service.

We exclude all representations, warranties or terms (express or implied) other than those expressly set out in these terms and conditions.

 

Disclaimer

We are not responsible for any of Your Content, any content posted by other members including members of the Service. We are also not responsible for any advice, offer or content provided by any person including any of our contributors.  We are not responsible for any interactions that you have with other members or sponsors of the Service, and you must exercise your own discretion regarding the people that you choose to connect with via the Service, especially in relation to your safety and well being. We disclaim all liability arising out of or in connection with the Service, including but not limited to any products, events or information that is provided or promoted by the Service, or social networking that takes place as a result of the Service. We do not warrant the truth or accuracy, completeness, reliability, suitability or availability of any of Your Content or any content posted by any other members on the Service or advice, offer or content provided by any person including any of our contributors. We make no representation that the Service or any information on the Service constitutes advice which can or should be relied on by any person. The Service contains links to other websites, including social media sites, which may contain content added by people other than us.  We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.  You agree to use the Service entirely at your own risk.

 

No Liability

To the fullest extent permitted by law, we exclude all liability arising from or in connection with the Service or Your Content. To the extent we are unable to exclude liability, we exclude liability for any indirect or consequential losses you may suffer and our liability to you will be limited to the amount of $1.

 

Release and Indemnity

You release us in relation to any claims you may have against us arising from or in connection with your use of the Service or Your Content.

You indemnify us and hold us harmless in relation to any claim made or threatened against us or any direct or indirect loss or damage (including any legal cost and expense on a full indemnity basis) suffered or likely to be suffered by us arising from or in connection with Your Content or your breach of any of these terms and conditions.

 

Australian Consumer Law

These terms and conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations including where you are a consumer, the guarantees under the Australian Consumer Law that cannot be excluded to the extent it applies to you. If such legislation applies, to the extent possible and to the extent allowed by the Australian Consumer Law, we limit our liability in respect of any claim to, at our option, the supply of the services again, or the payment of the cost of having the services supplied again.

 

Amendments

We may, without notice, amend these terms and conditions at any time, and any such changes will be posted to this page.  You should check this page regularly to take notice of any changes we may have made to these terms and conditions.  If you continue to use the Service, you will be deemed to accept the amendments. If you do not accept any amendments, you may terminate the membership at any time.

 

Suspension or Termination

We may deactivate or terminate your account at any time if we determine, in our sole and absolute discretion, there has

been a sustained period of inactivity or non-use on your account.

You cannot require or demand us to remove any of Your Content upon deactivation or termination of your account.

You must not make a claim against us in relation to any deactivation or termination of your account or the Service or the decommissioning or transfer of the Service.

 

Severability

If any of these terms and conditions is determined by a court of law to be invalid or unenforceable, it will be severed to the extent that it is invalid or unenforceable. Severance of it will not affect the continued operation of the remaining provisions of these terms and conditions.

 

Waiver

If we do not act in relation to a breach by you of these terms and conditions, it does not waive our right to act with respect to that or subsequent breaches. Any waiver by us must be in writing and signed by us.

 

Construction

The rule of interpretation which sometimes requires that an agreement be interpreted to the disadvantage of the party which put the agreement forward, does not apply.

 

Entire agreement

This agreement contains the entire agreement between you and us about its subject matter and supersedes all prior discussions, representations, agreements and understandings between you and us in connection with the subject matter.

 

Governing Law

These terms and conditions are governed by and is to be interpreted according to the laws in force in New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts in New South Wales, Australia.

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