Terms

Welcome to this website, which is owned and operated by Kinesis Pty Limited (ABN 69 122 653 936) (we or us). Please read these terms and conditions carefully before using this website. By accessing and using this website, you agree to the terms and conditions, notices and disclaimers as follows and contained elsewhere on this website.

Prohibited or unlawful use

You must not use this website:

• if you are under the age of 18 years;
• for any purpose that is unlawful or prohibited by these Terms and Conditions;
• in any manner that could damage, disable or impair the website or servers or networks connected to the website;
• or in any manner that could interfere with any other party’s use and enjoyment of the website.

Use of website materials and trade marks

Unless indicated to the contrary, this website including all its content is the sole and exclusive property of us or our licensors. We (together with our licensors) retain all right, title, and interest (including all copyright, trade mark, and all other proprietary rights) in this website and its content. Unless otherwise provided in these Terms and Conditions or on this website, no part of this website may be copied, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, licensed, or distributed in any way, except that you may download one copy of the content on any single computer solely for your own personal use, provided you keep intact all copyright, trade mark, and other proprietary notices on such content.

Any unauthorised modification or use of the content of this website is a violation of our copyright, trade mark and other proprietary rights and is strictly prohibited. Unless otherwise provided in these Terms and Conditions, the use of any such content without our written consent is strictly prohibited. Your use of the trade marks, trade names, and logos on this website (Marks) in any manner other than as authorised in these Terms and Conditions or in writing by us is strictly prohibited.

Third party websites

We may have provided links to the websites of other organisations which may be of interest to you. These links do not necessarily imply any relationship, sponsorship or affiliation between us and these organisations. We do not control or monitor any websites that link to or link from this website and are not responsible for their content or availability. It is your responsibility to take precautions to ensure that whatever website you select for your viewing is free of such items as computer viruses, worms, Trojan horses or similar programs and you agree that you access these sites at your own risk.

Modification or discontinuation of website

We reserve the right to modify or discontinue this website or any part of this website, including any information, products, services or offers made available through this website at any time without prior notice.

Privacy policy

Our Privacy policy published on this website forms part of these Terms and Conditions. From time to time, we may amend our Privacy Policy or introduce new policies regarding the use of this website. A reference to these Terms and Conditions includes all such policies and your use of this website constitutes your acknowledgement and acceptance of these policies.

Disclaimers and limitations of liability

While we have made reasonable efforts to keep the information contained on this website current and accurate, we make no representations (either express or implied) as to the accuracy or completeness of any information on or available through this website. All such information is provided "as is" and we do not represent that it is complete, accurate, or current.

Access to this website may be interrupted due to a variety of factors, including those outside our control. We do not warrant or represent that access to this website will be continuous, uninterrupted, virus free, fault free or secure.

Subject to any warranties, guarantees, terms or conditions which the law provides may not be excluded, restricted or modified, or may be excluded, restricted or modified only to a limited extent (Prescribed Terms), all warranties, guarantees, representations, terms and conditions not expressly included in these Terms and Conditions (whether express or implied by law) are excluded.

To the extent permitted by law, our liability to you for a breach of or under a Prescribed Term is limited, at our option, to the re-supply of the services or the payment of the cost of re-supplying the services. Subject to the foregoing, to the extent permitted by law, we will have no liability to you, however arising and under any cause of action or theory of liability, in respect of direct, special, indirect or consequential damages, loss of profit (whether direct or indirect), loss of data or loss of business opportunity arising from the access or use of this website or its content, including any errors, omissions, inaccuracies, computer viruses, worms, Trojan horses or similar programs contained therein.

Indemnity

You agree to indemnify us against expenses, losses, damages and costs we may sustain or incur, including those arising from an action claim or demand by a third party, arising directly or indirectly in connection with any breach of these Terms and Conditions by you or your use of this website, or your violation of any law or rights of a third party.

Termination and access restriction

Without limiting any other remedies to which we may be entitled, we may immediately and without prior notice terminate your access to this website and any related products and services if you contravene these Terms and Conditions. These Terms and Conditions will continue to apply to all past use of this website by you.

Upon such termination, you must immediately discontinue use of this website and destroy any copies you may have made of any part of this website.

Governing law

These Terms and Conditions are governed by, construed and enforced in accordance with the laws of New South Wales, Australia. You consent to the non-exclusive jurisdiction of the courts of New South Wales, Australia in relation to all matters arising out of your visit and use of this website and these Terms and Conditions.

Changes to the terms and conditions

We reserve the right to amend the Terms and Conditions at any time. Your continued use of this website after any changes to the Terms and Conditions will be considered acceptance of those changes.

The Terms and Conditions were last updated 2023.

Contact information

We encourage and value your feedback. Should you have any questions or comments about our Terms and Conditions please let us know.