Terms and Conditions
KNOKAL – TERMS AND CONDITIONS
1.1. Welcome to the knokal.com website (Website). The following terms and conditions (Terms) as set out below will apply to all services provided by Knokal Pty Limited (Knokal). Such services will hereinafter be referred to as the services (the Services). In these Terms, “we” “us” and “our” refers to Knokal.
1.2. We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Website. Your subsequent or continued use of the Website will constitute your acceptance of any changes. If you object to any changes to the Website, your only remedy is to immediately discontinue your use of the Website.
1.3. In order to access the Services provided on the Website, you must become a member. In order to access certain specific services you must be a paid member. Non-Members can view the Project Board, but cannot post, respond to or apply for Projects.
1.4. From time to time we may hold promotions whereby non-paying Members may apply for one Project without payment. Promotions of these type are solely in our discretion in relation to the terms and frequency.
1.5. Membership to the Website is free (to post Projects) or by monthly or annual subscription (to apply for Projects). Membership prices are available on our website and may be updated from time to time.
1.7. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
1.8. On registration, you will become a member (Member) of the Website for the period to which you have agreed (Membership Period).
1.9. You will be assigned with a password and username to access the Services. You are solely responsible for the activity that occurs on your Member account including the security of that password. You must keep your account password secure at all times and change it regularly.
1.10. Any Member may post a Project on the Project Board. Only Members with a paid subscription may apply for Projects. If your paid subscription lapses, you may no longer apply for Projects that have been posted on the Project Board.
1.11. We reserve the right to terminate your Member account at any time during the Membership Period if you breach these Terms including if we believe you are abusing the Services in any way.
1.12. Our Services are intended to be used by Members within Australia only.
1.13. As a Member you are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card details).
1.14. Members must not use the Website:
a. in breach of any applicable laws or regulations;
b. to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, or "spamming";
c. to impersonate any person or entity;
d. to solicit money, passwords or personal information from any person;
e. to harm, abuse, harass, stalk, threaten or otherwise offend others; or
f. for any unlawful purpose.
1.15. Members must not use the Website to (or attempt to) upload, post, transmit or otherwise make available any text, illustrations, photos, audio, video, or any other material (Material) that:
a. is not the Member’s original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
b. contains, promotes, or provides information about unlawful activities or conduct;
c. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
d. includes an image or personal information of another person or persons unless the Member has their consent;
e. poses or creates a privacy or security risk to any person;
f. the Member knows or suspects (or ought reasonably to know or suspect) to be false, misleading or deceptive; or
g. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
1.16. By uploading, transmitting, posting or otherwise making available any Material via the Website, Members:
a. grant Knokal a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
b. warrant that they have the right to grant the abovementioned licences;
c. warrant that the Material does not breach the Terms; and
d. unconditionally waive all moral rights (as defined by the Copyright Act 1968) which they may have in respect of the Material.
1.17. We reserve the right (but have no obligation) to:
a. review, modify, reformat, reject or remove any Material which Members upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b. monitor use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
1.18. We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Website simply by facilitating others to post, transmit or otherwise make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
1.19. Members agree to provide an immediate response to any enquiry that may come direct from Knokal or is otherwise transmitted to the Member. This may include an enquiry sent via the Website either from another Member or Knokal or an enquiry sent directly to the Member from another Member. In such instance the Member agrees to respond within a twenty-four hour timeframe of such an enquiry being made, excluding weekends and public holidays.
1.20. Members acknowledge that Knokal reserves the right to refuse service and or access to its products to anyone for any reason whatsoever.
1.21. Our Services are provided to registered businesses. By proceeding to purchase through our website, you acknowledge that you are a registered business and you agree to provide your A.B.N or A.C.N for the purpose of verification.
1.22. All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time.
2. USE OF ESCROW SERVICE
2.1. We may provide an Escrow Service that Members can choose to use when paying for or receiving payment for Projects that have been undertaken by the Members.
2.2. The Escrow Service is provided by a third party provider and we have no liability or obligations in relation to the services provided by that third party provider.
2.3. Use of the Escrow Service is optional and both Members involved in the Project must agree to use the Escrow Services.
2.4. Use of the Escrow Service is at Members own risk and we will not be held responsible for any matters arising from use of the Escrow Service.
2.5. We will charge you a fee (Escrow Fee) to use the Escrow Service. The Escrow Fee is stated on our website and may be updated from time to time.
3. LIMITATION OF LIABILITY
3.1. The Member acknowledges that Knokal will not be subject to, nor incur, and the Member releases Knokal from, any claim, action, or liability for consequential loss or damage to the Member, including any loss of business, revenue, profits, non delivery, conduct or things done, permitted or omitted in relation to provision of the Services, including the Escrow Service and by use of the Website.
3.2. The Member acknowledges that if Knokal is in breach of these Terms then Knokal’s liability is strictly limited to the provision of services provided again or the payment of the cost of having the relevant services being provided again at the option of Knokal.
3.3. The Member acknowledges that any statement made by Knokal in relation to the characteristics and potential application of the Services and/or Escrow Services are made in good faith to assist the Member and Knokal will not be bound or held to those representations whatsoever.
4. WARRANTIES & DISCLAIMER
4.1. The Member acknowledges that the information as provided by Knokal and the information as displayed on this Website is done so for information purposes only and Knokal is not deemed to be engaged in rendering advice. Knokal accepts no liability for the accuracy of any content on the Website or on any third party website. All such information as provided by Knokal is accepted and acted upon at the risk of the Member.
4.2. The Member acknowledges that Knokal does not represent or warrant that the site is free from:
a. any omission, error or inaccuracy in information provided on or through the Website, including information provided by third parties;
b. downtime or periods where the Website is unavailable or failure in whole or in part, of any function on the site to perform any actions; or
c. any unauthorised access to the Website or the information retained on the Website.
4.3. The Member acknowledges that Knokal, in providing the Services including access to the Escrow Service, is simply providing a platform for Members to exchange goods and services in a digital marketplace. The Member acknowledges that Knokal is in no way responsible to the Member to arrange or facilitate any supply of the goods, or use of the services, offered by a Member. Knokal will not be responsible for any cancellation or subsequent loss that may be incurred by the Member as a result of using the Services or the Escrow Service whereby the indemnity provisions contained in this Agreement will apply.
4.4. The information as contained on the Website is provided on an as is basis with no warranty express or otherwise implied relating to the accuracy, fitness for purpose, compatibility or warranty as to their security.
5.1. The Member indemnifies and will at all times keep Knokal indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any use of this Website, the Services and/or the Escrow Services.
6. INTELLECTUAL PROPERTY
6.1. The Member acknowledges that all intellectual property of Knokal such as trade marks, trade names, patents, registered designs and any other form of intellectual property rights derived from aesthetics or functionality of the Website or any other Material as may be provided by Knokal remains the property of Knokal.
6.2. The Member warrants that it is entitled to use any intellectual property, which may be used by and in connection with the supply of services under this Agreement and provided to Knokal to display on the Website.
6.3. The Member indemnifies and will at all times keep Knokal indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any breach of any third party's intellectual property rights relating.
6.4. The Member must immediately notify Knokal of any claim, demand, threat or notice of proceedings against the Member relating to any breach of intellectual property rights.
7.1. We undertake to take all due care with any information which you may provide to us when accessing our Website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
7.3. The Member acknowledges that whilst Knokal will endeavour to protect all information as provided by the Member to Knokal that Knokal does not warrant or represent that the Website or information as contained on the Website will not be subject to unauthorised access.
8.1. These Terms are the complete and conclusive statement of the agreement between Knokal and the Member and supersede all other proposals, statements, conduct, representations and prior agreements, whether oral or written, between the parties in relation to the Services provided by Knokal to the Member. These Terms may not be varied, amended, waived, altered, supplemented, modified or added to, without the express written agreement of Knokal.
8.2. If any of the provisions set out in these Terms are determined to be void or unenforceable then that provision must be read down to avoid that result or if the provision cannot be read down then it must be severed and the rest of the Agreement will remain in full force and affect.
8.3. The failure of Knokal to enforce any provision of these Terms at any time or for any period of time will not be construed to be a waiver of such provision or of the rights of Knokal to enforce each and every provision of the Agreement. A waiver of a power or right shall be ineffective unless in writing and executed by Knokal.
8.4. These Terms shall take effect and be construed in all respects in accordance with the laws of the State of New South Wales, Australia. The parties irrevocably submit to the jurisdiction of the State of New South Wales for all proceedings arising in connection with this Agreement.