These Terms and Conditions, together with our Privacy Policy, apply to your use of Get Kollo Pty Ltd ACN 669 977 833 (“Kollo,” “our,” “us,” or “we”) website located at http://getkollo.com (“Website”).
By browsing or using our Website, you agree to these Terms and Conditions (“Terms”), any policies they link to and any specific terms and conditions that apply to additional products or services you use. If you do not agree with these Terms, you must not access, browse or use our Website.
These Terms were last updated on 15 August 2024.
1. Changes to the Website and Terms
From time to time, we may change or replace any part of the Terms by posting updated or amended terms to the Website. If you continue to use the Website after any amended terms become effective, you agree to be bound by the amended terms.
We may, in our absolute discretion, impose limits or restrictions on the access and use of the Website at any time. Further, we may, for any reason, at any time and without notice to you, withdraw the Website, or change or remove Website functionality. We will not be liable to you orany third party if this occurs.
If the change to our Website or the Terms is unacceptable to you, you may stop using the Website.
2. Your licence to use the Website
By accepting the Terms, you are granted a limited, non-exclusive and revocable licence to access and use the Website.
3. Accessing and using the Website
You may not use the Website other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Website or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Website.
Unless otherwise expressly stipulated in these Terms, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Website.
You must take your own precautions to ensure that the equipment and computer systems used by you to access and use the Website does not expose your equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Website.
You warrant and represent that your access to, or use of, the Website is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
You indemnify us, each of our directors, officers, employees, agents and licensors against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with any third-party claims against us relating to your use of the Website, Your Data or any third-party service (except where we breach these Terms or are negligent).
4. Linking to the Website
You must not establish a link to the Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission at any time without written notice.
5. Data Use and Privacy
In these Terms, “Your Data” means the data, information or content entered into or uploaded to the Website or as otherwise provided to us.
We are committed to safeguarding your privacy and protecting your data. We will adhere to all relevant data protection and privacy regulations concerning Your Data. Alongside these Terms, our Privacy Policy provides comprehensive details on how we collect, handle, and process any personal information within Your Data.
You must ensure that you have the necessary rights to upload or otherwise provide Your Data to us. If you upload or input personal information, confidential details, or intellectual property belonging to someone else, it is your responsibility to secure all required permissions or comply with applicable laws regarding the collection and use of such information. This compliance is necessary for us to store and use Your Data to deliver the Website services, as permitted under these Terms.
While we are not obligated to monitor Your Data, we reserve the right to remove it or suspend/terminate your access to the Website if we believe, in good faith, that Your Data violates these Terms, any applicable law, or in response to a takedown request or claim that Your Data infringes another person's rights. We are not liable for any losses you may experience as a result of actions taken under this clause.
You indemnify us, each of our directors, officers, employees, agents and licensors against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with your breach of clause 5.3.
6. Intellectual Property Rights
We are the sole owner of the Website, other than any open-source software components in the Website which are subject to their relevant open source licences and do not form part of the licence given to you by these Terms.
All Intellectual Property Rights in the Website, including copies, modifications, updates or new releases, vest with us or our licensors.
You assign to us any Intellectual Property Rights in suggestions, ideas, enhancement requests, or other feedback you provide to us relating to the Website or any other services we provide.
Nothing in the Terms creates an assignment or transfer of any kind of any of our Intellectual Property Rights to you.
7. Confidentiality
In these Terms, “Confidential Information” of a party means information of a confidential nature including information about its business, operations, strategy, administration, technology, affairs, clients, customers, employees, contractors or suppliers, but does not
include any information that is in the public domain other than through a breach of confidence.
While using the Website you may share Confidential Information with us, and you may become aware of Confidential Information about us. We refer to the party (you or us) that is receiving Confidential Information as the Recipient in this clause.
You and we acknowledge that a breach of this clause may cause irreparable harm for which damages may not be an adequate remedy. The party whose Confidential Information may be disclosed as part of any breach of this clause may seek injunctive relief against the other party or to compel specific performance in addition to any other remedies available at law.
The Recipient agrees that it must keep confidential and not disclose to any third-party Confidential Information of the other party and to take reasonable steps to protect the other party’s Confidential Information from being accessed by unauthorised third parties, with the exception that a Recipient may disclose such Confidential Information to:
(a) a third party with the prior written consent of the party that owns the Confidential Information (where the consent given may be conditional);
(b) the Recipient or its affiliates’ officers, agents, professional advisors, employees, contractors, subcontractors auditors and insurers, provided that these recipients are subject to confidentiality obligations at least as stringent as this clause; or(
c) a governmental, administrative, regulatory, fiscal or judicial body, department, commission, authority, tribunal or agency where the Recipient is required to do so, provided that it uses commercially reasonable efforts to give the other party written notice before the disclosure (if notifying the other party is permitted by law).
8. Third Party Websites and Links
We may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and securitypolicies and other terms and conditions.
Any links to such websites provided on the Website are for convenience only. Unless otherwiseexplicitly stated, we do not represent that we have any relationship with any linked websites norrecommend or endorse any goods, services or third-party content appearing on, or via, other websites linked to this Website.
We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using or accessing third party websites.
9. Disclaimer of warranties
Except as required under applicable law, the Website, any third-party services contained in it, and any other services we provide to you are provided on an ‘as is’ and ‘as available’ basis.
To the maximum extent permitted by law, we exclude all express or implied warranties, guarantees or representations including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
Where there are any non-excludable warranties, guarantees or other rights provided by law (including under the Australian Consumer Law), these still apply. These Terms do not exclude, restrict or modify them. Our liability for breach of any such non-excludable warranty, guarantee or other right is limited to (at our option) either replacing or paying the cost of replacing the relevant service (unless the law requires otherwise).
10. Liability
Subject to clause 10.4 and to the extent allowed by law, neither party shall be liable to the other for any loss of income, profits, goodwill, clientele, capital, expected savings, compliance issues related to legal, tax, or accounting matters, harm to reputation, losses connected to other agreements, or any indirect, consequential, incidental, punitive, exemplary, or special damages, losses, or expenses.10.2To the maximum extent permitted by law, we disclaim any liability to you or third parties under these Terms for:
(a)any breach of these Terms on your part;
(b)loss or corruption of Your Data, although we will make reasonable efforts to recover Your Data from available backups; or
(c)any delays or failures in performing obligations under these Terms due to circumstances beyond our control, including but not limited to power outages, telecommunications or network failures, natural disasters, government directives, strikes, wars, epidemics, or pandemics.
To the fullest extent permitted by law, the total aggregate liability of each party for all losses, damages, costs, or expenses (including legal fees) suffered by the other party for all claims arising from these Terms, and that are not otherwise excluded under this clause 10, shall be limited to a maximum of A$100.
The exclusions and limitations of liability in this clause 10 do not apply to liabilities arising from your indemnification obligations under these Terms or any breach of these Terms.
11. General
Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.
A failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
These Terms are governed by, and must be construed according to, the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.
