Terms & Conditions

Important: Terms and Conditions of Use of this Website Including Mykaboodle Platform

Kaboodle Website Including Mykaboodle Platform

 

Terms of Use

 

These Terms of Use (“Terms”) govern your access to and use of our website. Please carefully read these Terms and contact us if you have any questions. By accessing or using our website you agree to these Terms and our Privacy Policy.  

1. Using our Website

You may only use our website in accordance with these Terms. 

When creating your Mykaboodle account, you must ensure you provide us with accurate and complete information. 

If you are creating an account on behalf of someone else, a company, organisation, agency or other party, you represent and warrant that you have obtained authorisation from that party to grant all permissions and licenses under these Terms.  You further represent and warranty that you bind such party to these Terms and that you agree on that party’s behalf to these Terms.  

There are features to our website which may include software that can be downloaded onto your computer, phone tablet or other electronic device.  You agree that we may automatically upgrade such software, and these Terms will apply to such upgrades. 

In accordance with our Terms and policies, we grant you a limited, non-exclusive, non-transferable and revocable license to use our website. 

2. Content

Under these Terms, we allow you to post content, including comments, links, pictures, photos, videos and other materials on our website.  Whatever you post on our website will be considered “Your Content”.  We may edit or moderate Your Content before it is posted.

You will retain all of the rights in, and are solely responsible and liable for Your Content.

You grant to us and our users a non-exclusive, royalty-free, transferable, sub-licensable worldwide perpetual license to use, publish, display, distribute, reproduce, translate, adapt, modify, create derivative works from and store Your Content on our website in any way at all without any duty to account to you.  

You agree that you will not post, publish transmit or otherwise make available on our website or to the website servers any content that restricts or inhibits any other user from using or enjoying our website.

We reserve the right to remove or alter Your Content at any time and for any reason.  You should therefore retain a copy of Your Content that you wish to keep.

You agree that we may retain Your Content after you have removed same or your account has been deactivated.  You also agree that we may retain and continue to use, display, distribute, reproduce, modify, and store Your Content that other users have made available on our website. 

3. Intellectual Property

We respect all intellectual property belonging to others and we expect our users to do the same.  

Under these Terms, it is within our sole discretion to deactivate the accounts of users who repeatedly infringe, or are charged with intellectual property infringement, such as copyright infringement or trade mark infringement.

We will respond to all claims of intellectual property infringement reported to us, and will take whatever action in our absolute discretion which we consider is appropriate, including removal of content from our website.

If you wish to report or discuss a claim, please contact: 

 

IP Officer

DIY Resolutions Pty Ltd

P.O. Box 338

Somerton VIC 3062

AUSTRALIA

Telephone: 1800 666 078 (within Australia), +61 3 9358 0688 (from overseas) 

E-mail: info@kaboodlegroup.com.au

 

If you receive a notification that Your Content has been removed due to intellectual property infringement, this means that Your Content has been deleted from our website in accordance with a complaint and request by the purported owner of the intellectual property. 

If your account receives too many intellectual property infringement complaints, you may lose your ability to post further content to our website, and your account may be terminated.

If you believe there has been a mistake, you may wish to contact us to discuss further.

4. Security

We respect the security of our users and work hard to protect the security of your account.

However, we cannot promise that unauthorised third parties will not attack our security systems.  

Please inform us immediately if you believe there has been any suspected or actual unauthorised access of your account.

5. Links to outside our Website

Our website may contain links to other websites which are not owned by us. 

Accordingly, we are not responsible for such websites, including any information, content, material goods or services contained by them.

If you gain access to any such websites, you agree that you are doing so at your own risk and that we will have no liability arising from your use or access to such websites.

6. Termination

We may terminate or suspend the licence we grant to you under these Terms at any time.

These Terms survive termination of our licence.

7. Indemnity

You agree to indemnify and hold us harmless, as well as our directors, officers, employees, contractors and agents, from any actions, claims, costs and expenses, damages, demands, disputes, losses, and proceedings brought by third parties directly or indirectly related to your access and use of our website, Your Content and your violation of any of our Terms.

8. Disclaimer

We assume no responsibility or liability for Your Content and any content that other users post or otherwise make available to our website.  You acknowledge and agree that your access to and use of our website may subject you to content which is not current, accurate, complete, correct, useful nor true, or which may be unsuitable for you and your purposes.

To the maximum extent permitted by law, we disclaim any and all warranties and conditions of any kind, including the matching of any descriptions, fitness for any purposes, absence of any defects, merchantability, and non-infringement of intellectual property, and any warranties arising in the course of any commercial activity.

9. Limitations of Liability

To the maximum extent permitted by law, you agree that by using our website we shall not be liable for any damages, or any loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use our website, any conduct or content of any third party on our website, including without limitation, any offensive, or illegal conduct of other users, or unauthorised access to, use or modification of Your Content.

10. Governing Law

These Terms shall be governed by the laws of the State of Victoria in Australia.  By continuing to access or use our website, you agree to submit to the jurisdiction of the courts of that state.

Our website is controlled and operated from Australia, and we make no representations that it is suitable or available for use in other territories other than Australia or New Zealand. 

11. General Terms

We may revise these Terms from time to time and the latest version will always be the one available on our website.  By continuing to access or use our website, you agree to be bound by the Terms regardless of any changes to our Terms.  If you do not agree to any such new Terms, you must discontinue using our website.

Without restriction, we may assign or transfer any rights and licenses granted hereunder, however you may not do so under our Terms.

These Terms, together with our Privacy Policy and any changes and any other agreements entered into with us in connection with our website constitutes the entire agreement between you and us concerning the website.  If any provision in these Terms is deemed invalid by a court of competent jurisdiction, then such provision will be severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

Any failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.