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Last updated: 15 March 2008
The Kikabink.com website is operated by Kikabink (“Kikabink”, “we” or “us”).
In these terms, “Kikabink.com” refers to:
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the Kikabink.com website (including all software, text, audio, video, graphics, text and other content comprised in Kikabink.com, and the design and layout of such content);
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any other websites operated by Kikabink (including all software, text, audio, video, graphics, text and other content comprised in Kikabink.com, and the design and layout of such content); and / or
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all products and services available via the Kikabink.com website or other websites operated by Kikabink.
You must read, understand and agree to these terms and Kikabink’s Privacy Statement (“Terms of Use”) before using Kikabink.com.
1. Your obligations
1.1 You must use Kikabink.com according to the Terms of Use.
1.2 If you are under 18 years of age, you must obtain your parent’s or guardian’s permission before using Kikabink.com.
2. Copyright
2.1 Kikabink.com is owned or licensed by us and protected by copyright under the laws of Australia and other countries.
2.2 You may view Kikabink.com using your web browser and may only save an electronic copy of Kikabink.com in the cache of your web browser.
2.3 You must not otherwise reproduce, transmit (including broadcast), adapt, distribute, sell, modify or publish or otherwise use or attempt to use any element of Kikabink.com, without Kikabink’s prior written consent.
3. Trade Mark Notice
Kikabink.com includes registered trade marks, trade marks that are the subject of pending applications, and common law trade marks. These include the words “Kikabink”, “Kikabink U” and “Kikabink.com” and the Kikabink and Kikabink U logos. You may not use these trade marks, the names “Kikabink” or “Kikabink U” or the names of any other websites owned or operated by Kikabink, or the name of any related companies, without Kikabink’s prior written consent.
4. Linking to third party sites
Kikabink.com may contain links to third party websites. These links are provided solely for your convenience and do not indicate our (express or implied) endorsement of such sites or the products, services or information provided at those sites. You access those sites and use the products and services available at those sites solely at your own risk.
5. Framing
You must not frame any of the material appearing on Kikabink.com without Kikabink’s prior written consent.
6. Your Account
6.1 We may require you to use a username and password (“Account”) to access certain parts of Kikabink.com. We may require you to use a different Account to access different parts of Kikabink.com. You may only use your Account for the purposes for which we gave you the Account. Any other use of your Account is prohibited.
6.2 If you are under 18 years of age you must obtain your parent’s or guardian’s permission before requesting an Account (including for the purposes of purchasing access to Kikabink U’s products or services).
6.3 If you are using Kikabink.com on behalf of another person (“Authorizing Person”) for example, your employer, you must be authorized to:
(a) use Kikabink.com; and
(b) enter into the Terms of Use,
on behalf of the Authorizing Person.
7. What you must not do
You must not:
(a) use Kikabink.com in a way or for any activities, or post or transmit to or via Kikabink.com any information or material, which:
(i) breaches any laws or regulations;
(ii) infringes a third party’s rights or privacy;
(iii) is contrary to any relevant standards or codes;
(iv) interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying Kikabink.com;
(d) make any fraudulent or speculative enquiries, purchases, reservations or requests using Kikabink.com;
(e) use another person’s Account or name without that person’s permission;
(f) provide false information when creating an Account or purchasing a product or service;
(g) impersonate another person when using Kikabink.com;
(h) post to or transmit to or via Kikabink.com any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(i) tamper with, hinder the operation of, or make unauthorized modifications to Kikabink.com;
(j) knowingly transmit any virus or other disabling feature to or via Kikabink.com; or
(k) attempt, or permit another person to do or attempt, any of the above acts.
8. Third Party Content
8.1 From time to time, Kikabink may advertise or offer for sale the products, services and information of third parties. We do not provide or endorse such third party products, services and information and your legal relationship in respect of those products, services or information is with the third party supplier. You are responsible for checking directly with the third party as to the accuracy or completeness of the information or the suitability or quality of the products and services of such third parties.
8.2 We may receive fees and / or commissions from third parties in return for making their goods and services available via Kikabink.com. You acknowledge and consent to us receiving such fees.
9. Prices and products and services are subject to change
All prices displayed and products and services offered for supply on Kikabink.com are subject to change without notice. You should check the price of a product or service before placing an order for it.
10. Security
10.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Kikabink.com server(s). We are not responsible for any information you may lose if the Kikabink.com server(s) terminate your browser session due to prolonged periods of inactivity between your browser and the Kikabink.com server(s).
10.2 You must comply with all our directions relating to use of your Account and access to Kikabink.com. We are not responsible for providing the computer, hardware, software or any other equipment necessary to access the Internet. You must not send or disclose your Account password to any other person or store it in a way that would reasonably allow another person or entity to obtain access to it, except as specified in clause 10.3 below. If you choose to use a workplace computer to access Kikabink.com, you are responsible for ensuring that such use complies with any rules, policies or protocols that apply to the use of the Internet in your workplace.
10.3 You must not keep your password in any place where it is capable of being copied or used by any other person or disclose your password to any other person, other than:
(a) another person authorized by you to access and use Kikabink.com on your behalf; or
(b) another person authorized by the Authorizing Person (for example, another employee) to access and use Kikabink.com on their behalf;
in each case provided that the other person (“Authorized Person”) agrees to be bound by the Terms of Use.
10.4 Kikabink is entitled to rely on your Account as evidence of your identity and authority for the purposes of Kikabink.com (including, for example, for the purpose of making payments to Kikabink using your credit card details, and for the purpose of nominating email addresses, phone numbers or mail addresses to which Kikabink may send billing and payment information relating to your purchase of Kikabink products and services). You are responsible for all use of Kikabink.com and your Account where you have not complied with the Terms of Use. Other than by reference to a person’s Account, Kikabink cannot and does not verify that each person who accesses Kikabink.com is in fact the person they say they are, or acts with the authority of the person whose Account they use.
10.5 You must immediately notify Kikabink if you become aware:
(a) that your password has been compromised or is known by a third party (other than by an Authorized Person); or
(b) of any unauthorized use of your Account.
If you notify us of either of these things, we will take reasonable steps to deactivate your Account and issue you with a new Account within a reasonable period of time. Notice provided by you under this clause does not release you from your responsibilities under the Terms of Use.
10.6 We will take reasonable steps to secure Kikabink.com. However, the Internet is unreliable and difficult to secure. Kikabink does not guarantee the security of Kikabink.com or the systems (including the Internet and your hardware and software) used to access Kikabink.com, or any information that passes through such systems.
11. Privacy
11.1 Kikabink will comply with the Kikabink Privacy Statement in dealing with any personal information provided by you via Kikabink.com.
11.2 You may access personal information under the Terms of Use, provided that you only do so to access your own personal information or the personal information of the Authorizing Person, as authorized by the Authorizing Person.
11.3 To avoid doubt:
(a) by authorizing a person to use your Account under clause 6.3, you authorize Kikabink to disclose to that person your personal information; and
(b) by requesting via Kikabink.com that Kikabink send billing and payment information to a person’s email address or phone number, you authorize Kikabink to disclose to that person your personal information,
in each case including information related to your Kikabink billings and payments.
12. Our liability to you
12.1 Given the unreliable nature of the Internet and telecommunications systems, we cannot guarantee that Kikabink.com will always be available or fault or virus free.
12.2 The supply of Kikabink.com is solely governed by:
(a) the Terms of Use; and
(b) those terms implied by consumer protection laws that apply to the supply of a product or service that cannot be excluded.
12.3 Subject to clauses 12.4 to 12.5, we accept our liability to you for breach of contract or negligence under principles applied by the courts.
12.4 We are not responsible for any:
(a) loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment;
(b) loss of data or loss of profits or revenue; or
(c) any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
12.5 The products and services available via Kikabink.com are provided to you for personal use only, and not business or commercial use. We do not accept liability for any loss that results from the use of Kikabink.com in connection with the conduct of a business.
13. Your liability to us
You are liable to us for any loss we incur resulting from your breach of contract or negligence under the principles applied by the courts, except to the extent that the loss is caused by us, for example, through our negligence or breach of contract.
14. Change of the Terms of Use
We may change the Terms of Use at any time. We will use reasonable endeavors to give you 3 days’ notice of the change, unless it is likely to benefit or have no substantive impact on you, in which case we will make the change immediately and will not to notify you before the change.
15. Termination
15.1 You may stop using Kikabink.com at any time, for any reason.
15.2 We may stop making Kikabink.com, or a part of Kikabink.com, available at any time, for any reason.
15.3 We may immediately suspend, terminate or limit your access to Kikabink.com if:
(a) you are in breach of the Terms of Use and (i) the breach is something which cannot be remedied, or (ii) you fail to remedy the breach within 30 days’ of our written notice to you of that breach;
(b) we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to Kikabink.com;
(c) the law requires us to do so;
(d) we believe on reasonable grounds that providing access to Kikabink.com to you is illegal or may become illegal; or
(e) there is an emergency.
16. Communication with you
As part of some of the Kikabink.com products or services available via Kikabink.com, we may communicate with you via email, telephone or mail. As a result:
(a) you are responsible for ensuring that your email address, telephone number and mail address are current and operational and that you check your emails, telephone and mail box regularly for messages;
(b) you must notify Kikabink as soon as possible of any changes to your contact details;
(c) if we receive an automated email non-delivery notification indicating you have not received an email that we have sent you, and the matter is urgent, we will use reasonable endeavors to attempt to contact you using your other contact details, but cannot guarantee that we will be able to contact you or contact you within a certain amount of time.
17. Use of your information and material
When you send us any feedback, testimonials, suggestions, ideas or other materials in relation to or via Kikabink.com, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
18. Goods and Services Tax (Australian residents only)
If GST is imposed on any supply made by us through Kikabink.com, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
19. General Matters
19.1 The law in force in Victoria, Australia, governs this agreement. Unless otherwise specified, all references to “law” means the law in force in Victoria, Australia and “courts” means the courts of Victoria, Australia.
19.2 You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning this agreement.
19.3 If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
19.4 If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches.
19.5 You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which we will not unreasonably withhold.
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