Knowing Me Terms and Conditions
1 Our Terms and Conditions
This Website is owned and provided by Yarrachai Pty Ltd (ACN 653 001 079), trading as Knowing Me. (Company). These terms and conditions (Terms) govern your access to, and use of, the Website and our Services. By using the Website, signing up to any mailing list or purchasing any product from the Company, you agree that you have read, understood and will be legally bound by these Terms and any notices, disclaimers or other terms and conditions or statements contained on, or linked to, the Website. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, use this Website, make any purchases and/or otherwise use our Services. In these Terms, the words “we”, “our” and “us” refer to the Company and its related entities and affiliates and “you” or “your” means the person who agrees to be legally bound by these Terms.
2 Definitions
Unless expressly provided otherwise, in these Terms:(a) Content means any content or materials including (but not limited to) personal information posted, uploaded, submitted, published or displayed to a Page.(b) Intellectual Property means all intellectual rights of whatever nature (whether or not registered or registrable), including, but not limited to, all copyright, trade names, trademarks, business names, domain names, logos, designs, patents and trade secrets.(c) Material means the material (including all text, graphics, logos, audio and software)made available on the Website.(d) Page means a record or any part of the Website for a Subject that allows Content to be uploaded or media stored in a collaborative environment.(e) Page User means a User who is granted access to a Page in respect of a Subject with the consent of the Subject or the Subject’s family members, for the purpose of accessing, or contributing Content to, the Pages(f) Services means the service provided by the Company by allowing the Users to post and upload Content on the Website about a Subject by creating and maintaining a Page which may be viewed by Page Users, and any other service supplied by the Company through the Website from time to time.(g) Subject means a person for whom a Page is created by or on behalf of a User.(h) User means a user of the Website;(i) Website means the website located at: www.knowingme.com.au as well as any electronic facilities (including any website and mobile or tablet sites or applications)operated by the Company.2
3 Use of the Website
(a) You may not use the Website or any Material, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or other third-party service.(b) You must ensure that your access to, and use of, this Website is not illegal or prohibited by laws which apply to you.(c) This Website and its Material, including links to third party websites, are provided to you ‘as is’ and your access to, and use of, this Website is at your own risk.(d) We may, acting reasonably, stop, limit, restrict or withdraw, temporarily or permanently, your access to or use of the Website where we deem those steps to be necessary to protect the Website’s security or our other legitimate interests in connection with the Website or our Services.
4 Your Obligations
4.1 Your Obligations(a) You must only access and use the Services:(i) to view, collaborate in respect of, and access Pages or other services and products we may offer from time to time on the Website (Permitted Purpose); and(ii) in accordance with these Terms.(b) You must not access or use the Services:(i) for any activities which breach any laws, infringe any third party's rights, or breach any standards, content requirements or codes imposed by any relevant authority; or(ii) for any purpose (commercial or otherwise) other than the Permitted Purpose without the express written permission of the Company.4.2 Capacity You must not use the Website, the Services or make a purchase unless you are 18 years or older. By using the Services , you warrant to us that you are 18 years or older, and that you have the legal right and capacity to use our Services or purchase any product through theWebsite.4.3 Your Account(a) You may be required to create an create an online account (Account) to use the Website and access our Services.(b) When you create your Account, you may be required to provide:(i) personal information;(ii) billing information; and(iii) any other information reasonably required by us.3(c) You are responsible for all use of the Services, and all transactions entered into by means of the Services, under your Account. We take no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties, or through any unauthorised access to your personal information unless caused through a fault on our part.(d) Except to the extent caused by our fraud, negligence or wilful misconduct, you indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the Services by you or another person using your membership identification, Account or password.
4.4 Intellectual Property(a) Unless otherwise indicated, we own or licence from third parties all Intellectual Property comprised in the Website and the Material.(b) Your use of the Website and use of or access to any Material does not grant you any right, title or interest in the Website or the Material. You may not reproduce, adapt, modify, display, publish, perform, distribute, store, transmit, decompile or reverse engineer or otherwise exploit any Intellectual Property on our Website or in the Material. In addition, you must not copy the Material to any other server, location or support for publication, reproduction or distribution.(c) All Intellectual Property rights in the Website are owned by us and/or its licensors (as applicable). The only rights you have to that Intellectual Property are the limited rights to use and access the Website for the Permitted Purpose.(d) Other trade marks used on the Website that belong to third parties are used with their consent and remain the Intellectual Property of that party.
4.5 Personal Information We will collect, store, use and disclose any personal information we collect about you in accordance with our privacy policy, available at www.knowingme.com.au/privacy.
5 Liability
5.1 Limitation of liability(a) To the maximum extent permitted by law, you acknowledge and agree we will not be liable to any person for, and you forever release and discharge us from any claims that you have now or may have against us for any direct, indirect, special, consequential or other damages that result from, are connected with, arise out of, orate incidental to your access or use of, or your inability to access or use this Website, part of this Website or any other website, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any information or Materials on the Website;(b) In the event of a breach by the Company of a condition, warranty or obligation under these Terms, to the maximum extent permitted by law, our liability for such breach is limited to:(i) reimbursement of any charges deducted in error; or(ii) refund of charges paid for any product or service sold on our Website from time to time,as determined by the Company in its absolute discretion.(c) Our liability is limited to the extent that it is caused, or contributed to, by you.4
5.2 Indemnity Except to the extent directly caused by us, you agree to indemnify us and our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses (including losses that we suffer under our underlying contracts with Suppliers and/or third-party aggregators), damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees which arise as a result of or in connection with:(a) your conduct when using the Website;(b) your inability to access or use, our Website, part of our Website or any other website, including viruses or other malicious computer code, unauthorised use of your user information, or the accuracy, completeness, suitability or currency of any information or contents;(c) your breach of these Terms or the documents referenced herein;(d) any omissions or failures by you to do something required in connection with your use of the Website;(e) your breach of any law or the rights of a third party; or(f) your improper or unlawful use of our Services or the Website.
6 Website
6.1 Information on the Website(a) Some of the Material is provided by third parties, including other advertisers. To the extent reasonably possible, we will take steps to ensure that Material provided by third parties is accurate. However, we are not responsible for that information and cannot guarantee its accuracy.(b) The Website and Material is subject to amendment.
6.2 Links to third party websites The Website may include links to other websites, content or resources. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
6.3 Application of third-party Standard End User License Agreements In addition to these Terms, where you have obtained a version of the Website through the Apple AppStore or other similar application platform (“Platform”), you acknowledge that your use of the Website is governed by these Terms and the Platform’s standard end user licence agreement if and to the extent applicable. In the event of any inconsistency between these Terms and such standard end user licence agreement of the Platform, these Terms shall take precedence over any standard end user licence agreement.
6.4 Disclaimer(a) To the maximum extent permitted by law, we do not make any warranties or representations, whether express or implied, that our Website or any websites that are linked or your access to or use of them will be uninterrupted, secure or error free, that any defects in the Website will be corrected or that the Website is free of viruses or other malicious computer code.5(b) To the maximum extent permitted by law, we do not make any warranties or representations, whether express or implied, that any Materials, the information on our Website or information on website(s) that we link to is accurate, complete, suitable or current.
7 General
7.1 Changes to these Terms We reserve the right to amend these Terms at any time. If we make amendments to any of these Terms, will post the amended Terms on the Website. You should visit the Website periodically to review these Terms. Amendments will be effective immediately on publication on the Website. Your continued use of the Website following such publication will constitute an agreement by you to be bound by the Terms as amended.
7.2 Waiver Any failure or delay by us to enforce or exercise a power, right or provision of these Terms will not constitute a waiver of those powers, rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in thefuture.
7.3 Severability If any provision of these Terms is void or unenforceable, it may, to the extent possible, be severed from these Terms without affecting the enforceability of other provisions.
7.4 Governing Law(a) These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms.(b) The Website may be accessed in Australia and overseas. We make no representations that the Website complies with the laws of any country outside Australia, and if you access the Website from outside Australia, you do so at your own risk.
Last updated: 18 March 2024