Terms & Conditions

 

Thank you for visiting the Kinetic IT Website (” Website”). Your access to, browsing, and use of this Website is subject to the following terms and conditions of use agreement (“Agreement”) and any other terms, conditions or guidelines set out elsewhere in this Website, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trade marks, copyright, privacy (including the Kinetic IT Privacy Statement) and defamation. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS. If you wish to use Kinetic IT’s website you must read these terms and conditions carefully.  If you do not wish to be bound by these terms and conditions, you must not use this Website.

  1. Use of this Website

Kinetic IT grants a limited licence to you to browse and/or use this Website by displaying its Content (as defined in Section 2) on your computer display.

  1. Intellectual Property Rights

Unless otherwise stated or indicated, all text, images available on or through this Website, and other content included on this Website (“Content”), including trade marks (registered and unregistered), graphics, photographs, images, logos and service marks (collectively, the “Marks”) and the selection, arrangement and “look and feel” of the Marks and other Content is the property of Kinetic IT or the property of third parties who have granted Kinetic IT permission to use such Content on this Website. All Content is subject to international copyright and trade mark laws.

  1. Restrictions on use of content in this Website

Except as expressly permitted in this Agreement or elsewhere in this Website, or by obtaining prior written permission from Kinetic IT, or any third party who has such power, authority, titles or interest as is necessary to grant such legal permission, you are prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using any Marks or other Content available on or through this Website for commercial or public purposes, including, but not limited to, use as meta tags on other pages or websites on the World Wide Web. Nothing in this Agreement confers any rights in the Marks or other Content to you that is not specifically mentioned in this Agreement.

  1. Links to other websites

The terms and conditions provided in this Agreement only apply to this Website. This Website may contain links to websites and the content of third parties (“Third Party Content”) as a service to you. Kinetic IT does not monitor, review or update, and does not have any control over, any Third Party Content or third party websites. Unless expressly stated otherwise, Kinetic IT does not endorse or adopt any Third Party Content, and Kinetic IT makes no representation, warranty or guarantee as to the accuracy, completeness, timeliness or reliability of any Third Party Content. If you use these links and the Third Party Content, you do so entirely at your own risk. In addition, reference to any products, services, processes or other information by trade name, trade mark, manufacturer, supplier or otherwise does not constitute or imply any endorsement, sponsorship or recommendation by Kinetic IT.

  1. Special terms and conditions

You may find additional terms and conditions pertaining to specific pages in this Website. Your use of such pages within this Website indicates your agreement to comply with such pages’ terms and conditions. If there are any conflicts between these terms and conditions and additional terms and conditions provided elsewhere in this Website, the additional terms and conditions will prevail.

  1. Revision of Content

The Content on this Website is provided by Kinetic IT as a convenience to you and is subject to change without notice.

  1. Amendments to terms and conditions

Kinetic IT may, at any time and from time to time, revise and update these terms and conditions and the Content. You acknowledge and agree that you will be bound by such updates and revisions. We recommend that you periodically visit this page to review and familiarise yourself with all current terms and conditions and review this Website generally to familiarise yourself with any updates and revisions.

  1. Warranty Disclaimer

Subject to Section 10, this Website, its content, and its services are provided “as is,” without warranty of any kind, either express or implied. Kinetic IT disclaims all warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment.

Subject to section 10, Kinetic IT does not represent or warrant that this Website or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this Website. Kinetic IT does not guarantee continuous, uninterrupted, error-free or secure access to this Website or its services, since the operation of this Website may be interfered with by numerous factors outside of kinetic IT’s control.

  1. Liability Disclaimer

Subject to section 10, Kinetic IT specifically disclaims any liability and in no event is Kinetic IT, its officers, directors, shareholders or employees liable for any direct, indirect, incidental, consequential, punitive, or special damages or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with access to or use of this Website (even if Kinetic IT has been advised of the possibility of such damages), including liability associated with any viruses, macros, or other disabling software that may infect your computer equipment.

  1. Limitations on disclaimers

Applicable law may not allow the exclusion of certain warranties or consumer guarantees, or the limitation or exclusion of liability for damages in certain instances. No attempt is made to exclude applicable consumer guarantees, or to limit or exclude liability arising under the Australian Consumer Law  which cannot lawfully be limited or excluded.  Nevertheless, Kinetic IT’s liability for failure to comply with a consumer guarantee is limited to the supply of the services again or the payment of the cost of having the services supplied again.  In no event will Kinetic IT’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) exceed AU$1.

  1. Linking to this Website

If you want to link to the Website for access through your website, please email Kinetic IT and in the subject line of your email state “Linking Request” and provide any other pertinent information. All links to this Website must be approved in writing by Kinetic IT, except that Kinetic IT consents to links in which:

– the link is a text-only link containing only the name “Kinetic IT”;

– the link “points” only to www.Kinetic IT.com.au; or

– the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website.

Kinetic IT will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful site, or any site that a may adversely affect the name, reputation and goodwill of Kinetic IT and its products.

Kinetic IT reserves the right to cancel permission to link at any time, for any reason.

  1. Termination

Kinetic IT reserves the right, without notice and in its sole discretion, to terminate your ability to use this Website, and to block or prevent future access to and use of this Website. Failure by you to abide by the terms and conditions of this Agreement automatically revokes your authorisation to use this Website and its included services, including a termination of any licence granted in this Agreement. Kinetic IT reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular Internet address to this Website.

  1. Indemnification

You agree to indemnify and hold harmless Kinetic IT and its subsidiaries, affiliates, officers, directors, agents and employees from any claim or demand, including reasonable legal fees made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You also agree to indemnify Kinetic IT for any and all damage you may cause Kinetic IT, its business or this Website due to your interaction with this Website.

  1. Jurisdiction / Governing Law

As a user of this Website, you agree to submit to the laws of Australia and the State laws of Victoria without regard to conflicts of laws principles. Any actions brought to enforce this Agreement or resolve any dispute arising out of this Agreement shall be brought solely in the courts having jurisdiction in either the State of Victoria or the State of Western Australia, and you hereby consent to and agree to submit to the exclusive personal jurisdiction and venue of such courts.

  1. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions shall be enforced.

  1. Submissions

Unless agreed to the contrary, Kinetic IT is licensed to use, for any purpose, all ideas, concepts, techniques and know-how contained in information submitted to Kinetic IT via this Website, and, without limiting the foregoing, will not be subject to any confidentiality obligations with respect to such information.

  1. Waiver

The failure or delay of Kinetic IT to exercise or enforce any right in this agreement does not waive Kinetic IT’s right to enforce that right.

 

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