Terms Of Use

March 10, 2021

by Kiindred

Welcome to Kiindred, owned and operated by Kiindred Pty Ltd (ACN 85 608 952 558) and its related entities (the “Company”, “Kiindred”, “we” or “our”). 

By accessing or using the Kiindred mobile app or website, whether through a mobile, computer or other device (collectively, the “Service”) you agree to be bound by these Terms of Use (the “Terms of Use”), irrespective of whether you create a Kiindred account (“Account”). Please read the Terms of Use carefully. 

You should also read the Kiindred Privacy Policy (“the Privacy Policy”), which is incorporated by reference into the Terms of Use and available via the Service. The Privacy Policy describes our collection, use, disclosure, transfer and processing of information and data including without limitation for direct marketing purposes and the transfer to other countries. If you do not accept and agree to be bound by all of the terms of the Terms of Use, including the Privacy Policy, do not access or use the Service. Please contact us at [email protected] with any questions regarding the Terms of Use. 

References to the “Terms of Use” are to the Terms of Use as updated from time to time. 

Acceptance of Terms of Use 

The Terms of Use is an electronic contract that establishes the legally binding terms you must accept to use the Service. 

By accessing or using the Service, you accept the Terms of Use and agree to the terms, conditions and notices contained or referenced herein and consent to have the Terms of Use and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate (“delete”) your Account. Please print or save a copy of the Terms of Use for your records. The Terms of Use may be modified by the Company from time to time, such modifications to be effective upon posting by the Company in the Service. 

By downloading or using the Service, you explicitly authorise your device or computer system being accessed by the Company solely for such downloading or use in accordance with the Terms of Use. 

Licence to use the Service 

10. Subject to the Terms of Use, we grant you a non-exclusive, worldwide, non-transferable, revocable licence to use the Service in accordance with the Terms of Use. 

Term and termination 

The Terms of Use will remain in full force and effect while you use the Service and/or have an Account. You may delete your Account at any time, for any reason. The Company may terminate or suspend your Account at any time without notice if the Company believes that you have breached the Terms of Use, or for any other reason, with or without cause, in its sole discretion. 

Upon such termination or suspension, you will not be entitled to any refund of unused fees (if any) including without limitation for purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. 

After expiry or termination for any reason, all terms of the Terms of Use survive such 

termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Expiry or termination shall not affect either party’s rights or liabilities. 

Non-commercial use by users 

The Service is for personal use only. Users may not use the Service or any content contained in the Service in connection with any commercial endeavours, including without limitation (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company; or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. 

Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent in accordance with applicable law. 

Organizations, companies or businesses may not use the Service for any purpose without our prior written consent and agreement. 

The Company may investigate and take any available legal action in response to illegal or unauthorized use of the Service, including without limitation collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Service. 

The Company may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Service is in breach of the Terms of Use or is in breach of law or other regulation. The Company reserves its rights to identify or bring legal action against any person who is breaching the Terms of Use, including obtaining injunctive relief. 

No medical advice 

The Service includes the provision of health, fitness and nutritional related information for informational purposes only. We do not provide medical, health or counselling advice. 

You should not rely on any information posted or made available through the Service as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health or the content in the Service, you should always consult a doctor or other health care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health care professional because of something you may have read through the Service. The use of any information provided through the Service is solely at your own risk. 

Your access or use of the Service does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. 

All information posted or made available in the Service is subject to the additional disclaimers set out in the section titled (‘Disclaimers’) below. 

Account security 

23. You are responsible for maintaining the confidentiality of the username and password you designate during the registration of your Account or any update process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security by email to [email protected]. 

Your interactions with other users 

You are solely responsible for your interactions with other users. 

You understand that the Company does not conduct any screening, background or verification checks on its users. The Company also does not inquire into the backgrounds of any of its users or attempt to verify any of its users. 

The Company gives no guarantees, representations or warranties express or implied (by statute, common law or otherwise) as to, and is not responsible for, the conduct of users. 

In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any loss or damage whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to the conduct of you or anyone else in 

connection with the use of the Service including, without limitation, death, bodily injury, emotional distress or any other damage to the maximum extent permitted by applicable law. 

28. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. 

Proprietary rights 

The Company and/or its related entities owns and retains all proprietary rights in the Service, and in all data, text, software, photographs, images, graphics, interfaces, content, trademarks, logos, trade names, service marks and other intellectual property rights related thereto. 

You hereby irrevocably assign, transfer and convey to the Company or its nominee in consideration of the Agreement all rights, title, interest and ownership (including all registered and unregistered intellectual property rights anywhere in the world) in any item or material provided, developed, modified, prepared, devised or written by you or on your behalf at any time with effect from its creation (including all past, present and future rights). You must ensure that the holder of a moral right in relation to any such item or material does not assert it and shall, if requested to do so by the Company in writing and where permitted by applicable law, ensure that the holder of such a moral right waives it. 

You represent and warrant that any intellectual property rights assigned by you in accordance with the Terms of Use or any use of those rights whatsoever will not give rise to any claim, demand or proceeding arising out of any cause of action that any item or material made available by or on behalf of you or the Company or its personnel or third parties, or another user’s, possession or use of, or dealings with, those items or materials infringes the intellectual property rights of any person (“IPR Claim”). 

The Service contains the copyrighted material, trademarks, and other proprietary information of the Company, its related entities and its licensors. You agree to not copy, modify, adapt, upload, link, post, frame, translate, transmit, create any derivative works from, make use of, or reproduce, republish or distribute in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service or any other part of the Service, without first obtaining the prior written consent of the Company. 

You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. 

Kiindred does not grant you any rights to use the Service other than for your own personal non- commercial use in accordance with the Terms of Use. 

Prohibited activities 

44. The following is a non-exhaustive list of the type of actions that you may not engage in with respect to the Service. You will not: 

44.1.  express or imply that any statements you make are endorsed by the Company without our specific prior written consent; 

44.2.  use the Service in an illegal manner or to commit an illegal act; 

44.3.  access the Service in a jurisdiction in which it is illegal or unauthorized; 

44.4.  use any robot, spider, site search/retrieval application, scraping device, deeplink or other manual or automatic device, tool, algorithm or process to retrieve, index, “data mine”, or in any way reproduce, store, separately use, or circumvent the navigational structure or presentation of, the Service or its contents; 

44.5.  collect usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service; 

44.6.  do anything that imposes an unreasonable or disproportionately large load on the Service; 

44.7.  interfere with or disrupt the Service, the servers, networks or sites/applications connected to the Service or any other person’s use or enjoyment of the Service; 

44.8.  email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

44.9.  forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software); 

44.10.  “frame” or “mirror” any part of the Service, without the Company’s prior written authorization; 

44.11.  use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose; 

44.12.  breach the security of the Service, test or scan the vulnerability of the Service or make any unauthorised access or use of any part of the service; 

44.13.  modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, its contents or any software used on or for the Service, or cause others to do so; 

44.14.  post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with the Terms of Use; 

44.15.  use the Service or its content in any way that is unlawful, illegal or breaches the rights of the company or any third party; or 

44.16.  use the Service in any way that otherwise breaches the Terms of Use. 

Customer service 

45. The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or inappropriate, offensive, we reserve the right to immediately terminate your Account. 

In app purchases 

46. From time to time, Kiindred may offer additional products and services for purchase through the App Store, Google Play or other application platforms (“in app purchases”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g. Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. If you purchase an auto-recurring periodic subscription through an in-app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In all cases, please refer to the terms of your application platform which apply to your in app purchases. 

Modifications to Service 

47. The Company reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users or IP addresses from accessing the Service. 

Copyright Policy: notice and procedure for making claims of copyright infringement 

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us at [email protected] with the following information: 

48.1.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

48.2.  a description of the copyrighted work that you claim has been infringed; 

48.3.  a description of where the material claimed to be infringing is located on the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url); 

48.4.  your address, telephone number and email address; 

48.5.  a written statement by you that you in good faith believe that the disputed use is not authorised by the copyright owner, its agent, or the law; and 

48.6.  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

The Company may terminate the Account of any infringer at any time. 

Disclaimers 

You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible, and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of: 

50.1.  any incorrect or inaccurate content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilised in the Service; 

50.2.  the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings; 

50.3.  the conduct, whether online or offline, of any user; 

50.4.  any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or 

50.5.  any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet or in connection with the Service. 

To the maximum extent allowed by applicable law, the Company provides the Service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, fitness for a particular purpose, accuracy or completeness or non-infringement. The Company does not represent or warrant that the Service will be uninterrupted or error free, secure, free of viruses or other contamination or that any defects or errors in the Service will be corrected. 

Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Service. 

From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. 

The Company does not hold the information posted or made available through the Service as impartial and it should not be viewed as wholly objective. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any content provided through the Service; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the Service. Under no circumstances will the Company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Service, or transmitted to or by any users, to the maximum extent permitted by applicable law. 

Developments in medical or other research may impact the health, fitness and nutritional topics discussed through the Service and no assurance can be given that the information contained in the Service will always include the most recent findings or developments with respect to the particular material. The Service is controlled and operated by Kiindred in Australia. The Company makes no representations that materials in the Service are appropriate or available for use in other locations [. Those who access the Service from other locations do so at their own risk. 

The Company does not recommend or endorse any specific tests, doctors, clinics, procedures, opinions, products or other information that may appear on the Service. If you rely on any of the information provided posted or made available in the Service, you do so solely at your own risk. 

In addition to the preceding paragraphs and other provisions of the Terms of Use, any information or advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service to the maximum extent permitted by applicable law. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist. 

Links 

The Service may contain, and the Service or third parties may provide,

 advertisements, promotions, products or services offered by third parties and links to other web sites, applications or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites, applications or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources to the maximum extent permitted by applicable law. 

Your correspondence or business dealings with, or participation in promotions, products or services of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource to the maximum extent permitted by applicable law. 

Limitation on liability 

To the fullest extent allowed by applicable law: 

60.1.  in no event will the Company, its related entities, affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the company has been advised of the possibility of such damages; and 

60.2.  the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the Service while you have an Account. 

If you are a consumer your statutory rights are not affected. 

Indemnity by You 

62. You agree to indemnify and hold the Company, its related entities and/or subsidiaries, and affiliates, and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of: 

62.1.  your breach of or failure to comply with the Terms of Use (including any breach of your representations and warranties contained herein); 

62.2.  Your Content or any postings made by you in the Service; 

62.3.  any IPR Claim; or 

62.4.  the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith. 

Notice 

63. The Company may provide you with notices, including those regarding changes to the Terms of Use, using any reasonable means now known or hereafter developed, including by email, 

regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate the Terms of Use by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner. 

Entire agreement and other general terms 

The Terms of Use, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service. If any provision of the Terms of Use is held invalid, illegal or unenforceable, the remainder of the Terms of Use shall continue in full force and effect. 

The failure of the Company to exercise or enforce any right, remedy or provision of the Terms of Use, or any partial exercise of any right, remedy or provision, shall not constitute a waiver of such right, remedy or provision or prevent any further exercise or enforcement or exercise of any other right, remedy or provision. You agree that your Account is non-transferable and all of your rights to your profile or contents within your Account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of the Terms of Use and you may not make any representations or bind the Company in any manner. 

Amendment 

66. The Terms of Use is subject to change by the Company at any time. 

Governing law 

67. The Terms of Use is governed by the laws of New South Wales in Australia, and any dispute in relation to the Terms of Use or your access or use of the Service will be subject to the exclusive jurisdiction of the Courts of New South Wales.