Knowlly website Terms of Use

 

1. Agreement

Your use of the Knowlly website (‘our website’), operated by Knowlly Pty Ltd (ACN: 623  821 661) is deemed to be your agreement to be bound by all the following clauses of these Terms and Conditions and our privacy policy. If you do not agree with any provision of these terms and our privacy policy, you should discontinue your use of the site immediately.

 

2. Permitted Use

2.1 You must use this website only for the purposes expressly set forth in the body of the website and in these Terms and Conditions and privacy policy or in the terms and conditions of any other separate Agreement made between you and Knowlly. Any other use of the website is prohibited. If there is a conflict between any statement in the body of the website and any provision of these Terms and Conditions and our privacy policy, the provisions of these Terms and Conditions and our privacy policy will prevail.

2.2 Irrespective of any other provision of these Terms and Conditions and our privacy policy you must not:

  1. use this website for any purpose that is unlawful;

  2. post or transmit any unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, defamatory, or obscene material or any material that would be in violation of the rights of a third party, including any intellectual property rights or privacy rights;

  3. access this site for use in anyway that is in conflict with these Terms and Conditions and our privacy policy;

  4. attempt to gain unauthorized access to any area of the site that is not made readily available by Knowlly;

  5. use the website in a manner which could be harmful to any computer system, network or server used in hosting or maintaining this website;

  6. use our website in any way that causes us any loss or damage;

  7. use the website in a manner that may restrict the access of any other person;

  8. sell or republish any of the information on our website;

  9. access, attempt to access, or use any materials or information not made publicly or readily available by Knowlly

2.3 You accept responsibility for complying with all applicable laws and regulations whether local, national or otherwise in your use of this website.

2.4 You are permitted to temporarily download content on this website made explicitly and publicly available by Knowlly, either by caching in a browser or to your computer for personal viewing only. You may not: 

  1. modify the content in any way;

  2. use the content for any commercial purpose, or for any public display (commercial or otherwise);

  3. attempt to decompile or reverse engineer any software contained on the website;

  4. provide any content to another person or “mirror” or post the content on any other website or server.

2.5 If you fail to abide by these Terms and Conditions Knowlly may prohibit you from accessing or using the website. No action or omission by Knowlly will be deemed to be a waiver of any right or remedy provided under these Terms and Conditions or under applicable law.

2.6 We will render this website with due care and skill but we do not guarantee that the website will be rendered without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

  1. errors, mistakes or inaccuracies on the website;
  2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
  3. personal injury or property damage of any nature resulting from your access to, and use of, the website;
  4. any unauthorised access to or use of our servers and/or personal information stored on those servers;
  5.   any interruption or cessation of transmission to or from our website;
  6. any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
  7. any product or service from any linked sites not being of acceptable quality, fit for any disclosed purpose or failing to match any description, sample or demonstration model shown; or being unfit for any disclosed purpose. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.

 

3. Warranties

3.1 The content and services on this website are provided “as is” and without any warranties, either express or implied including, but not limited to merchantability or fitness for purpose.

3.2 Without prejudice to the generality of clause 3.1 we make no warranty or representation:

  1. as to the completeness, accuracy or currency of any of the content on this website;
  2. that any content or the website will continue to be available otherwise than at Knowlly’s discretion.
  3. that the content is free of any viruses or other defects that may be harmful to your property.
  4. as to specific function, reliability, availability or otherwise of this website or the server that hosts it.
  5. in regards to non infringement of intellectual property or other violation of another’s rights.
  6. as to any information or services whatsoever provided by any third party Supplier or third party website which you may access or be put in contact with in through use of this website.

3.3 Nothing in this clause shall be deemed to seek to limit any guaranteed statutory or implied protections under any applicable consumer protection laws including but not limited to the Competition and Consumer Act 2010 and the Competition and Consumer Regulations 2010.

 

4. Limitation of Liability

4.1 You agree that Knowlly only facilitates the initial contact between third parties providing or requiring services through this website. Any and all claims regarding any failure or breach with respect to agreements made between third parties are limited to claims against the parties to those agreements. Knowlly hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with any third party agreements including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of any such third party and both Suppliers and individual users of this website hereby exonerate Knowlly from any liability with respect to the same.

4.2 In no event shall Knowlly be liable, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages arising out access or use of, or inability to access or use this website.

 

5. Linked Websites

5.1 Our website may contain links to other websites. Such links are provided for convenience only. A link from our website to another website is not an endorsement, approval, or recommendation of the goods, services, or information provided by any such website.

5.2 We take no responsibility for, and make no representations about, the quality of the goods, services, or information provided to you by any website that we link to. To the maximum extent permitted by law, we do not accept any responsibility whatsoever for any injury, loss, or damage that you may suffer, directly or indirectly, as a result of using the goods, services, or information provided by such websites irrespective of how that injury, loss, or damage is caused (including where it is caused by negligence).

 

6. Security of Information

We take all steps reasonably practicable to secure the information that you provide to us using our website. However, we take no responsibility whatsoever for the security of your information as it is passing over the Internet.

 

7. Termination of Access

We may, at any time and at our sole discretion, terminate your access to our website without any notice to you.

 

8. Privacy Policy

We undertake to comply with the terms of Our Privacy Policy, which is available on the website of Knowlly

 

9. Applicable Law

The applicable law relating to these Terms and Conditions is the law of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

 

10. Amendment

We may revise these Terms and Conditions and our privacy policy at any time and without notice.  We encourage you to check this page regularly for any updates.

  1. that any content or the website will continue to be available otherwise than at Knowlly’s discretion.
  2. that the content is free of any viruses or other defects that may be harmful to your property.
  3. as to specific function, reliability, availability or otherwise of this website or the server that hosts it.
  4. in regards to non infringement of intellectual property or other violation of another’s rights.
  5. as to any information or services whatsoever provided by any third party Supplier or third party website which you may access or be put in contact with in through use of this website.