Essence Communities
Privacy Policy and Terms of Service
Privacy Policy and Terms of Service
1. General
1.1 These terms and conditions (Terms of Use) apply to your use of our Resident App as a resident of one of our managed properties.
1.2 In these Terms of Use, the terms we, our and us refer to:
(a) if you a resident of an Essence Communities managed property.
1.3 The resident mobile app and community website (collectively, the Service) offers facilities for our residents to:
(a) request, book, pay for, buy or use (an Order) for activities or events, products or services (collectively, Products) offered for sale, hire or purchase by us or by a Seller (as defined in clause 6.1);
(b) post personal, non-commercial advertisements to buy, sell or trade goods within the community or post offers that would benefit the community; and
(c) optionally, communicate with other residents.
1.4 By accessing or using the Service, you agree to be bound by the Terms of Use between you and us.
1.5 These Terms of Use apply to the use of the Service by all users.
1.6 When using particular services or features on the Service, in addition to these Terms of Use, additional policies or end user license agreements may apply to your use of that feature or service (Additional Terms). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will supersede the Terms of Use unless the Additional Terms expressly state otherwise.
1.7 We may review and amend these Terms of Use from time to time, by posting the new version on the Service. Your continued use of the Service after we post any changes to these Terms of Use will constitute your agreement to those changes effective from that date.
1.8 You must be a current resident of our accommodation in order to use the Service. If you are not (or are no longer) a resident, you must use the Service.
2. Licence
2.1 Provided that you comply with the Terms of Use, Additional Terms, and the Community Rules as posted on the Service website from time to time (Rules), we grant you a non-exclusive, non-transferable, limited right to access and use the Service in accordance with these Terms of Use, and to use the information, material or other content (Content) provided by us in connection with the Service.
2.2 The Service may contain links to other websites and content created by people other than us, and (depending on your use of the Service) may rely on data from third party databases. We do not control, endorse, sponsor, approve or accept any responsibility or liability for the content available on any linked website, or the accuracy of any third party database.
3. Your conduct and obligations
3.1 You agree:
(a) to provide and maintain accurate and up-to-date information pertaining to your full name, email address, mobile phone number and payment information (where applicable). You can update your details by visiting reception at your residence;
(b) that you are responsible for maintaining the confidentiality of your account credentials, as well as for all activities that occur via your account. As such, you agree to protect your account from unauthorised access or use
(c) to comply with these Terms of Use, the Rules, and all applicable laws and regulations; and
(d) to use the Service in good faith and for your personal use only.
3.2 You must not, in your use of the Service or your participation in the Program:
(a) add, post or upload or communicate any Content or material to or using the Service:
(1) unless you hold all necessary rights, licences and consents to do so;
(2) which is misleading or deceptive in nature, constitutes unlawful activity, or infringes the intellectual property or other rights of any person;
(b) do anything which is fraudulent or unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any rights of others;
(c) cause annoyance, inconvenience or needless anxiety to others;
(d) post commercial advertisements or promotional material; or
(e) collect information (including information about other users) for purposes outside these terms of use. In particular, you must not harvest information from the Service for commercial purposes without our prior consent.
3.3 You must not (and must not allow a third party to) access the Service in a manner that:
(a) abuses or materially disrupts any aspect of the networks, security systems, Service and/or our websites;
(b) interferes with the use of the Service by other users;
(c) generates or facilitates unsolicited and unauthorised advertising or marketing communications;
(d) violates or facilitates the violation of our legal rights or those of our associates, suppliers or licensors, or of another user of the Service;
(e) constitutes data collection or data mining activities on or in respect of the Service without our prior written consent other than as authorised under these Terms of Use for the purpose of utilising the Service;
(f) seeks to remove, alter, obscure or otherwise degrade watermarks or similar security measures that appear on images available on the Service;
(g) constitutes conduct that is misleading or deceptive, or contravenes any applicable law; or
(h) otherwise constitutes abuse or inappropriate use of the Service, in our sole discretion.
3.4 You must not use the Service to intentionally distribute malware, viruses or any other computer code, files or programs of a destructive or deceptive nature
3.5 We reserve our right to suspend your access to the Service if, in our sole opinion, you breach your obligations or post comments which are abusive to other subscribers.
4. Violations
4.1 Please support our community and report any violations of these Terms of Use by contacting us using the Support email address or contact form provided within the Service.
4.2 If you breach these terms of use, in addition to any other remedies we may have, you are responsible for all duties, charges and legal fees (on a solicitor/ own client basis) we incur in enforcing our rights.
5. Content
5.1 When you publish a post in the Service, you are allowing other users to access and use that information, and to associate it with you (that is, to your name and profile).
5.2 By using the Service, you warrant that any Content that you post or transmit on the Service, or otherwise transmit to any other member of Service by any other means, will not infringe the Intellectual Property Rights of any third party.
5.3 By posting or transmitting any content on the Service, you:
(a) agree that you irrevocably assign to us all of your right, title and interest in and to any text, photos, videos or any other materials (of any type or variety) embodied in your post or transmission; and
(b) give us your complete and genuine consent to our use (in any way we deem appropriate) all or any portion of your post or transmission, even if such use would otherwise be an infringement of your moral rights (having the meaning given to that term in the Australian Copyright Act 1968 (Cth) or the New Zealand Copyright Act 1994 as applicable).
6. Availability of Products and Services
6.1 Unless otherwise stated, information displayed on the Service about products or services offered to you is provided by a business who is authorised to use our Service to offer its products or services (Seller). This includes (but is not limited to) product or service descriptions, inclusions or exclusions, images and availability. We are not responsible for such information and we rely on the accuracy of the information supplied by our Sellers.
6.2 If we become aware that the information provided by a Seller is incorrect or incomplete, we reserve the right to but are not responsible for correcting the information.
6.3 A Seller may impose additional terms and conditions on your purchase. Please read such terms and conditions carefully before proceeding. By creating an Order you signify your intention to be bound and abide by those additional terms and conditions.
6.4 You acknowledge that Products offered for Order Service may be withdrawn at any time.
7. Fees
7.1 Where you use the Service to Order a Product, you agree to pay the applicable fees for your Order (Fees) using the payment method you nominate in that transaction.
7.2 You understand that, given the nature of the Products you may procure through the Service, in some cases cancellations, refunds or returns will not be available, including for change of mind or where you have made an error or mistake in completing and finalising your Order. Cancellations, refunds or returns are regulated by the Seller’s terms and conditions, and we have no control over such terms. We will make reasonable efforts to make you aware of the applicable cancellation, refund or return terms at the time you place your Order.
7.3 To the extent applicable, you agree to comply with any third party payment gateway provider terms and conditions in connection with your Order.
7.4 To the extent that payment for any transaction completed by you on the Service is deferred to a later date, you must ensure that sufficient funds are available to debit the Fees from your elected payment method at the time of completing the order or transaction.
7.5 If you fail to make any payment of the Fees due, we may (without limitation to its other rights and remedies at law) do one or more of the following:
(a) cancel the applicable Order, and we will have no liability to you for such cancellation;
(b) charge interest on the amount owing at 2 percent per month;
(c) restrict or suspend your access to the Service as we see fit; or
(d) terminate your account on the Service and prohibit you from creating future accounts.
8. Delivery of Products
8.1 Unless otherwise stated, all Products will be delivered to your address nominated by you when submitting your Order via the Service, in accordance with the Seller’s shipping or delivery policies.
8.2 Subject to the Seller’s applicable terms and conditions for the Product, you must not resell on-sell Orders or Products procured through the Site.
8.3 If the Product you are procuring is a good (not a service), you acknowledge and agree that, until you have paid for the Product title to the goods remains with the Seller and you are in possession of the Product solely as bailee, and until that time:
(a) you must not encumber of otherwise charge the Product as security for payment; and
(b) you are fully responsible for any loss or damage to the Product whatsoever and howsoever caused following delivery of the goods to you.
8.4 Risk of damage to, or loss of, the Product passes to you on proper dispatch of the goods.
9. Third party products or services
9.1 When you use the Service to Order a Product, we may receive a commission from the Seller or third-party provider of that activity, event, product or service.
9.2 We do not endorse or recommend any Product that may be offered through the Service. You must use your own judgment when deciding whether a Product is suitable for you, and your selection and use of any Product is at your own risk.
10. Data Collection
10.1 You agree that we may collect, use and share aggregated, de-identified information including technical data, usage statistics and related information (collectively, Data) that is gathered periodically to facilitate our maintenance, updates, upgrades or changes to the Service or Products. We and our suppliers may monitor, use and store Data to improve the Service or Products offered via the Service.
10.2 You acknowledge that we may use and sell to third parties Data and information extrapolated from the Data, and you provide your express consent to us generating, using and commercialising the Data in this way.
10.3 You acknowledge that we may be required by law or regulation to provide Data collected from the Service to a government or regulatory authority or to your university (including in connection with clauses Error! Reference source not found. or Error! Reference source not found.) and you consent to the provision of any such data or information.
11. Privacy
11.1 In this clause 11:
(a) Privacy Act means the Privacy Act 1988 (Cth) or the Privacy Act 2020 (NZ) as applicable; and
(b) Personal Information has the meaning given in the Privacy Act.
11.2 We maintain a privacy policy that sets out how we handle your personal information. You should read our Privacy Policy at https://www.essencecommunities.com.au/privacy-policy. By accepting these Terms of Use, you will be taken to have read our privacy policy.
11.3 Our privacy policy is a non-contractual document prescribed by the Privacy Act. It does not impose any contractual obligations on us, and we disclaim any such contractual obligations.
11.4 The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of personal information outside of Australia do not breach the privacy principles contained within Privacy Act.
11.5 You consent, acknowledge and agree that:
(a) any Personal Information disclosed to us via the use of the Service may be disclosed to our associated entities, third party service providers or contractors, and/or stored on infrastructure used by us, outside of Australia or New Zealand; and
(b) by creating an account and continuing to use the Service, you expressly agree and consent to the disclosure of any personal information outside of Australia or New Zealand in the manner permitted by this clause.
11.6 In providing this consent you understand and acknowledge that countries outside Australia or New Zealand do not always have the same privacy protection obligations as Australia or New Zealand in relation to personal information.
11.7 By providing your consent, under the Australian Privacy Act, Australian Privacy Principle 8.1 does not apply to disclosures referred to in clause 11.2.
12. Intellectual Property Rights
12.1 You acknowledge that we or our licensors owns all legal rights, title and interest in and to the Service, the content contained on the Service, and nothing in these Terms of Use constitutes a transfer or assignment of any intellectual property rights by us.
12.2 You must not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, scrape, or interface (without our permission), or otherwise attempt to derive source code or data from any component of the Service, or documentation or create or attempt to create a substitute or similar service or product through use of or access to the Service.
12.3 You must not use, register or attempt to register any trade marks or domain names that are derived from, substantially identical or deceptively similar to our own or those otherwise used on the Service.
12.4 You grant to us a perpetual, non-exclusive, royalty-free, irrevocable and worldwide licence to use any Content (including intellectual property) that you upload, or arrange to have uploaded, to the Service in any way (and you permit us to grant any rights to third parties to also use such content) but strictly for the purpose of maintaining, moderating and managing the Service, including making the Order, as well as the administration of the associated business (Purpose). For the avoidance of doubt, we will not disclose confidential or commercially sensitive information to a third party other than for the Purpose. You acknowledge and agree that this licence will survive termination of these Terms of Use. You warrant to us that you have all right, title and authority to grant this licence.
13. Availability and support
13.1 We make no warranty, and has no obligation to ensure that, the Service is:
(a) available for use at any given time;
(b) compatible with the mobile device or computing platform, third party software or chosen internet browser you choose to access the Service; or
(c) error-free.
13.2 We and our third party providers do not, and are not obligated to provide any technical or other support for the provision of the Service under the Terms of Use.
13.3 We may temporarily suspend (in part or in whole), and without prior notice to you, your access to the website if:
(a) there is a malfunction, fault or breakdown of any of our (or our contractors) equipment or if we (or our contractor) needs to do any repairs, maintenance or service on any part of the Service;
(b) we are required by law to do so;
(c) an event of Exceptional Circumstance occurs, which affects or may affect our ability to provide the Service;
(d) we suspend your access under clause 7.5 for your non-payment;
(e) if someone claims the Service (or our provision of the Service) infringes the Intellectual Property Rights of any person;
(f) if someone brings a Claim that exposes us to liability or prosecution for an offence or liability to a statutory prosecution; or
(g) if we determine you are in breach of the Agreement, including where we determine you have failed to meet your obligations under clause 3.
A suspension any of these reasons will not affect any right which accrue prior to, or after, suspension of our obligations under these terms.
13.4 You acknowledge and agree that:
(a) access to the Service may occasionally be limited due to scheduled maintenance; and
(b) access to the Service is reliant upon various factors outside our control, including, without limitation, events of Exceptional Circumstance, your internet service provider, telecommunications provider or equipment used to access the Service. While we will use reasonable endeavours to ensure you have continuous access to the Service, we will not be liable to you or any other person for any Claim or to any other extent for Loss or damage caused by such factors.
13.5 You will have no Claim against us in respect of loss of access or functionality to the Service.
14. Special terms for Apple iOS users
14.1 Notwithstanding any other provision within these Terms of Use, the following additional terms apply if you use the Service on an Apple iOS device.
14.2 You understand that these Terms of Use are between you and us only and not Apple, Inc. (Apple) and that we or our licensors are responsible for the Service and the content thereof, but that Apple and its subsidiaries are third-party beneficiaries of these Terms of Use and have the right to enforce them against you.
14.3 You understand that, should the Service fail to conform to any applicable warranty not disclaimed above, you may notify Apple and Apple will refund the purchase price (if any), but that Apple has no maintenance, support, or (to the maximum extent permitted by applicable law) other warranty obligations to you with regard to the Service. Apple is not responsible for any product liability claims or claims that the Service or your use thereof fails to conform to any applicable legal or regulatory requirement or infringes a third party’s intellectual property rights. If you have any questions or concerns regarding the Service, please contact us as described below.
15. Warranties
You warrant to us that:
(a) you have full power and authority to enter into these Terms of Use;
(b) all information that you provide to us whether directly or through the Service is true, accurate and complete;
(c) you will not allow any unauthorised access to the Service, and you will notify us immediately upon becoming aware of any unauthorised access or use of the Service or your account credentials; and
(d) you will comply with any applicable laws, standard or regulations in respect of your access to or use of the Service.
16. Limitation of Liability
16.1 You acknowledge and agree that the Service contains general information and may include material from many different sources. We make no representation and do not warrant that the information provided on the Service is complete, accurate or current. You must take reasonable steps to verify any information about Products (including fitness for purpose) that you may see on the Service.
16.2 You agree that we provide the Service only, and we are not responsible or Liable to you or any third party for the actions or inactions of the Seller or another member in relation to you.
16.3 You acknowledge and agree that, where your Order involves procuring a Product from a third party Seller (other than us or our related entities) we are not liable for the acts or omissions of the Seller.
16.4 You acknowledge and agree that our ability to provide any Service is subject to:
(a) you complying with your obligations under the Terms of Use, and any other limitation or exclusion set out in same; and
(b) your third party hardware and software (including browser of choice) meeting the minimum operating requirements for the Service, as may be detailed on the Service’s website or mobile app and updated from time to time.
16.5 We will not be liable for any virus, malware, trojan or similar malicious software program or code infecting your software or hardware as a result of interactions with third parties on the Service.
16.6 Subject to clause 17 below and to the full extent permitted by law:
(a) we exclude all liability in respect of any loss of data, interruption of business or any indirect or consequential loss, loss of profits, loss of opportunity or incidental damages; and
(b) we exclude all warranties and representations (express and implied) unless otherwise stated to the contrary in these Terms of Use.
16.7 To the extent any legislation prohibits the exclusion of any implied warranties and subject to clauses 16.8 and 17, you agree that our liability in respect of any claim is limited (at our option) to:
(a) in the case of services:
(1) the supply of the services again; or
(2) the payment of the costs of having the services supplied again; or
(b) In the case of goods (including any downloadable apps):
(1) the resupply of the goods; or
(2) the payment of the costs of having the goods resupplied.
16.8 To the fullest extent permitted by law, in no event will our total aggregate liability under the Terms of Use (whether in contract, under a right of indemnity, tort or statute) exceed will not exceed the lesser of $10 or the aggregate fees (excluding Fees to Sellers) paid by you to us under the Terms of Use in the 6 months before our liability arose.
17. Australian Consumer Law
17.1 To the extent you purchase any Product through the Service, the Product will be supplied by the Seller with all non-excludable consumer warranties under the Australian Consumer Law. We do not provide any consumer guarantees itself, or on behalf of the Seller.
17.2 To the extent the Australian Consumer Law applies to our supply of goods or services to you under the Terms of Use:
(a) we acknowledge the application of the Competition and Consumer Act 2010 (Cth) to the provision of goods or services to the you, and will comply with all Non-Excludable Conditions; and
(b) the following applies where we offer to you a warranty against defects under the Terms of Use:
(1) our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
(2) For major failures with the goods or services, you are entitled:
(a) to cancel your agreement with us; and
(b) to a refund for the unused portion of, or to compensation for its reduced value.
(c) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
17.3 In this clause 17, the following terms have the meanings ascribed to them:
(a) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(b) “Non-Excludable Condition” means an implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth) as applicable from time to time, the exclusion of which from a contract would contravene any applicable laws or cause any part of the Terms of Use to be void.
18. Indemnity
18.1 You agree to indemnify us, our officers and employees or agents from and against any loss, claim, liability, cost or expense incurred by us in respect of a third party claim arising from or in any way related to:
(a) your breach of the Terms of Use;
(b) your infringement or alleged infringement of a third party’s intellectual property rights;
(c) your use of the Service; or
(d) your violation of applicable laws, rules or regulations in connection with your use of the Service, Order or Product.
18.2 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
19. Termination
19.1 We may (temporarily or permanently) suspend, cancel or edit details of your account, or any Content, at any time in its sole discretion without notice.
19.2 You may delete your account on the Service at any time, at which point you release us from our obligations under the Terms of Use unless otherwise provided and we are free (but not required) to delete your account and related data Content from our systems.
19.3 The Terms of Use terminate automatically if, for any reason, we cease operating the Service.
19.4 Any termination of the Terms of Use (or any component thereof) under clause 19 will be without prejudice to the rights of the party terminating to seek and obtain damages for any breach of the Terms of Use by the other party.
19.5 We have no obligation to backup or otherwise retain data or Content on the Service relating to your account and your interactions with us or other parties via the Service after termination or cancellation under this clause 19.
20. Currency
20.1 The Fees and any other amount payable by you under these Terms of Use will be payable in the currency stipulated on the Service or corresponding to the region in which you access or will use the relevant Order or Product.
20.2 If the applicable currency is not stipulated, the price for Products to be sold, held or used (as applicable) events to be held in New Zealand will be charged and payable in New Zealand Dollars, and the price for Products to be sold, held or used in Australia will be charged and payable in Australian Dollars.
21. Miscellaneous
21.1 Unless expressly stated to the contrary all amounts expressed in this agreement are inclusive of applicable indirect taxes, such as the goods and services tax (GST) in Australia or New Zealand as applicable.
21.2 The Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia, and each party irrevocably submits to the non exclusive jurisdiction of the courts of Queensland.
21.3 You must not assign, transfer or novate any of your rights or obligations (including your account) under or relating to the Terms of Use.
21.4 We may assign, transfer or novate any of its benefits, rights or obligations under or relating to the Terms of Use by notice in writing to you.
21.5 If a provision of the Terms of Use is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of the Terms of Use have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
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Keyvision built the Kindred App as a Commercial App. This SERVICE is provided by Keyvision and is intended for use as is. This document is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
By using this platform / app, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this platform / app after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this platform / app.
These terms and conditions apply to your use of all of the platforms / apps and services ("Services") owned or operated by Keyvision, and any other site that we may own or operate in the future (collectively, "Keyvision"). Unless we say otherwise, all references to Keyvision in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which Keyvision only links.
By clicking on the "I Agree to the Terms and Conditions" button and completion of the registration process, you are stating that you agree to be bound by all of the terms of service and conditions of use.
Keyvision provides organisations and associations of any kind, whether incorporated or not, and their members with access to a wide array on-line resources, various communications tools, online forums, personalised content and branded programming. The Services may be accessed and used solely by the organisation and its members. Keyvision may terminate, modify, or temporarily discontinue the service or any of the features or tools utilised in the service at any time according to these terms. You agree that Keyvision will not be liable for any termination, modification, or temporary discontinuance of the Services.
In order to use the Services, users must obtain access to the World Wide Web and App Stores, either directly or through devices that access web-based and mobile apps content, and pay any fees associated with such access. In addition, users must provide all equipment necessary to make such connection to the World Wide Web and App Stores, including a computer and modem, mobile phone or other access device.
You agree to: (a) provide true, accurate, current and complete information about yourself on the registration form ("registration information") and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Keyvision has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Keyvision has the right to suspend or terminate your account and refuse any and all current or future use of the service. You are entirely responsible for maintaining the confidentiality of any passwords and the information stored on the platform / app ("platform / app information") and any usage and activities that occur in connection with use of the platform / app information.
We are committed to protecting your privacy and security. Keyvision will not use or disclose any personal information for a purpose other than discharging its obligations in providing the Services.
For the purposes of this clause, “personal information” means information or an opinion about an individual as defined in Section 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored or handled by Keyvision for the purposes of providing the Services.
If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to full name, date of birth, phone/mobile number, email address, country, home/mailing address, vehicle registrations, nationality, device data and/or GPS information, device logs, calendar permission, camera permission, precise location permission (non-continuous), SMS permission, push notification permission, reminders permission, photo library permission. The information that we request will be retained by us and used as described in this privacy policy.
The app does use third party services that may collect information used to identify you.
Link to privacy policy of third party service providers used by the app
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilising our Service, the time and date of your use of the Service, and other statistics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
We may employ third-party companies and individuals due to the following reasons:
• To facilitate our Service;
• To provide the Service on our behalf;
• To perform Service-related services; or
• To assist us in analysing how our Service is used.
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
All materials published by Keyvision and its third party providers, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any linked platform / app (collectively, the "content") are the property of or controlled by Keyvision or the party credited as the provider of the content. The organization and its members will respect all proprietary rights of Keyvision and its third party providers in and to the content, site name, Services, and platform / app, any products or other services.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of Keyvision. You may not publish, display, or commercially exploit any material from or other entities with an interest in the relevant intellectual property unless you request and receive prior written permission from us or other entities with an interest in the intellectual property. To request our permission, you may write to Keyvision, Level 4 / 80 Market Street, South Melbourne, VIC 3205. If permission is granted by us or any other entities with an interest in the relevant intellectual property, you may not change or delete any author credit, trademark, legend or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained on Keyvision.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
These terms and conditions apply only to Keyvision, and not to the sites of any other companies or organisations, including those to which Keyvision may link. We are not responsible for the availability of any other site to which Keyvision links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
An "interactive forum" means any message board, chat room, or similar interactive service appearing on Kindred by Keyvision. You must register and comply with instructions that you will find on Kindred by Keyvision in order to contribute to any interactive forum. You may not post on any interactive forum any material that is libellous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
We are not responsible for material appearing in any interactive forum on Kindred by Keyvision, except for material signed by an identified representative of Keyvision acting within the scope of their responsibilities. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.
We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
You agree not to use the service to:
Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, email or otherwise transmit any content that is harmful to minors in any way;
Impersonate any person or entity, including, but not limited to, a Keyvision official, forum leader, guide or host, or falsely state or otherwise misrepresent their affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
Upload, post, email or otherwise transmit any content that the organisation does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations, rules or directions by or of the Office of Fair Trading & Business Affairs (Victoria), the ACCC, ASIC, the Registrar of Associations (if applicable), any regulations, rules or directions of any national or other securities exchange, including, without limitation, the Australian Stock Exchange and any regulations, rules or directions having the force of law;
"Stalk" or otherwise harass another; or
Collect or store personal data about other users, except as authorised under the organisation’s Privacy Policy.
We may, at our discretion, terminate the registration of any user who violates any of the terms and conditions of use.
You are responsible for maintaining the confidentiality of your registration information and password. You agree to notify Keyvision as soon as you discover any unauthorised use of your password.
By agreeing to these terms of service, you accept that from time to time you will receive transmitted communication (IE: emails) concerning issues or information associated with your membership or involvement with the Kindred by Keyvision Platform / App Service. In the case of sending or transmitting such communications, all users must comply with their obligations as detailed under the Australian Government’s Spam Act.
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
If you would like to delete your Keyvision account data, please contact us for further assistance.
Send your request to support@keyvision.com.au
Email must be sent from the email used to registered your Keyvision account.
Provide your full name and residential address (if you are registered as a resident) or work address (if you are registered as a commercial project).
We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.
To the extent permitted by law, the services and materials on this site are provided "as is" and without warranties of any kind, either express or implied. Keyvision makes no warranties with respect to the Services, the underlying software of the Services, the documentation (if any) supporting the foregoing or any components or portions thereof, or any other goods or services provided by Keyvision, express or implied, oral or written, including but not limited to the implied warranty of merchantability, non infringement and fitness for a particular purpose.
Neither Keyvision nor any of its respective licensors or suppliers warrant that any functions contained in Kindred by Keyvision will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the KINDRED service available are free of viruses or other harmful components.
To the extent permitted by law, in no event will Keyvision, any affiliate or subsidiary, or any of their respective officers, directors, employees, contractors, shareholders or representatives be liable to you or to any other party for any special, indirect, incidental or consequential damages, including damages or costs incurred as a result of loss of time, loss of savings, loss of property, loss of data, loss of profits or loss of goodwill, whether foreseeable or unforeseeable, which may arise out of or in connection with a defect in the Services, the underlying software to the Services, the documentation (if any) supporting the foregoing or any components or portions thereof including without limitation the use of or inability to use the foregoing, regardless of whether Keyvision has been advised by you of the possibility or likelihood of such damages occurring, or whether claims are based or remedies sought in contracts, negligence, strict liability, tort, products liability or otherwise.
Keyvision shall not be liable for and does not assume any responsibility for any breakages, damages, failures or delays caused by misuse, abuse, negligence, accidents, improper installation, force majeure events or any other causes beyond Keyvision’s control.
In all events and to the extent permitted by law, the total cumulative liability to you, or any other party, by Keyvision or any of its affiliated companies or any of its or their respective licensors or suppliers for damages, losses, and causes of action (whether in contract, tort, or otherwise) shall be limited to and shall be limited to and shall not exceed the aggregate of the renewal fees actually paid by the you to Keyvision (if any) for accessing Keyvision during the 12 month period preceding the occurrence giving rise to a claim of liability.
Notwithstanding any provisions of these Terms of Service, where any legislation implies in these Terms of Service any term, condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of all liability under such term, condition or warranty, such term, condition or warranty shall be deemed included in these Terms of Service.
In such circumstances, Keyvision’s liability for any breach of such term, condition or warranty shall be limited, however, at Keyvision’s option, to any one or more of the following:-
If the breach relates to goods:-
(a) The replacement of the goods or the supply of equivalent goods;
(b) The repair of such goods;
(c) The payment of the cost of replacing the goods or of acquiring the equivalent goods;
(d) The payment of the cost of having the goods repaired.
If the breach relates to services:-
(a) The supplying of the services again;
(b) The payment of the cost of having the services supplied again.
You agree to defend, indemnify and hold harmless Keyvision, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fees, that arise with your use of the site, your posting, downloading or transmission of all communications or material on this site or from your violation of applicable law.
The information contained in or made available through Keyvision (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. Neither Keyvision nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Keyvision. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
The Services, this platform / app, all content, and all trademarks, including but not limited to all material distributed or presented to the organisation or its members through the Services by Kindred by Keyvision or its third party providers or on the linked sites, and all rights and intellectual property rights, are the sole property of Keyvision or its third party providers, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Any comments, suggestions or ideas or other information submitted to Keyvision through this website / platform / app, in writing, by e-mail or otherwise will be the property of Keyvision and Keyvision will have all rights without any obligation to compensate the organisation or its members. All site information (which is information on the site that specific to the organisation’s site and is or cannot be generic information that does or can relate to sites other than the organisation’s site) will remain the sole property of the organisation, its members or any party with rights therein. Any rights not expressly granted herein are reserved.
Keyvision, the Kindred by Keyvision logo, and other Keyvision logos and product and service names are trademarks or service marks of Keyvision ("Keyvision Marks") you agree not to display or use in any manner the Keyvision Marks without Keyvision’s prior written permission.
These terms shall be governed by and construed in accordance with the laws of Victoria Australia, and you agree to submit to the non-exclusive jurisdiction of the courts of such State and all courts competent to hear appeals there from.
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that Keyvision will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Keyvision may apply to any court of competent jurisdiction in the Australia or any other jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether Keyvision will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Keyvision’s rights to relief in either law or equity.
If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions.
This is the entire agreement between you and Keyvision relating to the subject matter it contains, notwithstanding any prior negotiations, representations, warranties, covenants, understandings or agreements made or entered into before this agreement was accepted by you.
If you have any questions or suggestions about our Terms & Conditions and Privacy Policy, do not hesitate to contact us at Level 2 / 40 Gloucester Street, The Rocks, NSW 2000 Australia or email to support@keyvision.com.au