Terms of Service
As an on-line and offline community, Kindship is revolutionising the way in which parents of children with disabilities connect, inform, and empower each other.
1. Kindship Rules
Please take your time to read these Terms and Conditions of Use ("Terms"). This is a contract between you and us, related to your use of the Website and/or the App (your use of either being a "Service"), and we want you to be aware of yours and our rights before you use the Service.
These Terms, as amended from time to time, apply to your use of the Service. By using the Service, you expressly accept these Terms in full. You must not use the Service if you do not agree to these Terms.
We may amend these Terms from time to time, without providing notice to you, by posting an updated version of these Terms on the Website and the App. You should regularly check these Terms for any amendments. If these Terms are amended, you must comply with the updated Terms.
You must provide your own internet access and Device in order to use the Service. You are responsible for:
- all internet access, data download and other network charges from your use of the Service and you acknowledge and agree that we have no responsibility or liability for those charges; and
- the operation and maintenance of your Device and for ensuring the Service is accessible from your Device.
Capitalised terms used in these Terms are defined in the 'Definitions' section at the end of these Terms.
1. Use of the Service
You can use the Website without registration. However, before you are able to use the App, you will need to register for an account.
- In order to create an account, you must:
- have a Facebook or Google account;
- provide accurate information about yourself;
- be at least 18 years old; and
- be legally permitted to use the App in your country.
You must not authorise or permit any other person to use the App using your Facebook or Google account details. If you breach your obligations under this paragraph and another person uses your Facebook or Google account to access or use the App, then you are responsible and liable for the use that person makes of the App with your Facebook or Google account, as if that use of the App was by you.
If you have reason to believe that another person is aware of your Facebook or Google account details, is using your account details to use the Service, or if you need to change any of the contact or other details you registered with us, you must promptly notify us by email at firstname.lastname@example.org
If you want to leave Kindship, you can request that your account is deleted by contacting us using the "Chats" tab in the App. Your request will be processed within 20 working days of your request, but it may take a little while for your Content to be completely removed from the App.
We will save your profile information in case you realise you miss us and you decide to restore your account (which you can do within 30 days of de-activating of your account). You can also delete your Content, but any Content that you delete may persist for a limited period of time in backup copies (though it will not be visible to other Users). In addition, any Content you delete may continue to appear if you have shared it with others and they have not deleted it
You must not use (or attempt to use) the Service:
- for any unlawful or dishonest activity, or any activity prohibited by these Terms;
- to access, transmit, publish or communicate material which:
- is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;
- is rude, xenophobic, racist, abusive, harassing or hateful;
- is invasive of a person’s privacy or constitutes personal abuse directed at other Users;
- contains a virus or other harmful code;
- infringes a person's copyright or other rights; or
- contains links to other sites that contain or promote the material identified in paragraphs (a) to (e);
- for any commercial purpose, including for the purpose of:
- commercial advertising;
- promoting gambling;
- promoting your own site or business;
- buying or selling goods or services of you or any other person;
- promoting commercial events;
- promoting content or recruiting any person for a pyramid scheme or multi-level marketing scheme;
- soliciting the services of any other person; or
- conducting surveys on behalf of any third party;
- with the aim of raising money for any person or cause;
- to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
- to transmit, publish or communicate bulk and/or unsolicited messages;
- in any way that may bring negative exposure or harm to us, our suppliers or other Users of the Service; or
- in any way that may cause us, our suppliers or other Users of the Service to incur liability to a third party.
We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms. You must immediately comply with any such request. We may immediately terminate and block your access to the Service for any reason, in our sole discretion.
You can report any conduct that breaches your rights (including intellectual property rights) or our Terms by emailing us at email@example.com
3. Type of content
There are many ways to express yourself on the Service and communicate with friends and others - for example, sending text, photos, videos, or by adding content to your account.
There are three types of content that you will be able to access on the Service:
- content that you upload and provide ("Content");
- content that other Users provide ("Member Content"); and
- content that we provide ("Our Content”).
You are responsible for your Content and you will indemnify, defend, release, and hold us harmless from any Loss we suffer, and from any claims made by any person, in connection with your Content.
You are advised not to display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, home addresses or postcodes, telephone numbers, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other Users, then you acknowledge and agree that you do so at your own risk and we will not be responsible for any Loss you suffer as a result. We encourage you to use the same caution in disclosing details about yourself to third parties online, as you would under any other circumstances.
Kindship is a public community, and your Content will be visible and may be viewed by other Users, except as otherwise stated in these Terms. Please make sure you are comfortable sharing your Content before posting, particularly insofar as it relates to your child.
You may regulate the amount and types of information that will be visible to other Users. If you elect to have your information visible on your Kindship profile, other Users may be able to see your:
- first name;
- Facebook or Google profile photo and any other photos you have uploaded to your Gallery;
- child's name (optional);
- child's gender identity;
- child's age (expressed in years and months, not by date of birth); and
- child's diagnosis/es,
everything else (including information you have elected not to share) is kept private and hidden. You will also be able to delete any Content which you post or make visible on the App.
You may also choose to make other contributions to the App by posting (including posting likes and reactions to other posts), blogging and participating in Q and A and you acknowledge that all such Content will be publicly displayed.
You may also use the functionality of the App to chat with other Users. Your conversation is not limited in time and chats with other Users will always be visible by the other Users with whom you are chatting.
You will also be able to post Content anonymously on the App, via posting a question or statement using our 'Anonymous Post' functionality on the App. Other Users will be able to see the substance of that post, but your identity will be kept anonymous. However, you acknowledge that such post will be visible by us.
By uploading your Content on the App, you represent and warrant to us that you have all the necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future, subject to any obligations we may be subject to under law to not disclose any such Content).
We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you.
We have the right to remove, edit, limit or block access to any of your Content at any time, and we have no obligation to display or review your Content. Further, we will review any blog posts that you create using the Service and we reserve the right to reject or remove any such Content in our discretion (including if that Content violates these Terms).
3.2 Member Content
You do not have any rights in relation to Member Content, and you may only use other Users' personal information to the extent that your use of the Service matches our purpose of allowing you to connect with people that matter to you. You may not use other Users' information for any purpose that is prohibited under paragraph 2 of these Terms.
We reserve the right to terminate your account if you misuse the other Users' information or breach any of these Terms.
3.3 Our Content
Any text, content, graphics, User interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Service (other than any Content or Member Content) are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
You can only use, modify, create derivative works of, decompile or otherwise attempt to extract source code from, Our Content with our prior written permission.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, provided that you:
- do not use, sell, rent, modify, tamper or distribute Our Content, except otherwise agreed by us;
- do not use our name in metatags, keywords and/or hidden text;
- do not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; or
- use our Content for lawful purposes only.
4. Performance of our Services
We will use reasonable endeavours to generally make the Service available during our normal business hours. However, the availability of the Service depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that:
- you will be able to use the Service at any time; or
- your use of the Service will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the Service may not be available for use from time to time, and that you may be disconnected from your use of the Service at any time for any reason, including if:
- any network connection difficulties occur;
- the systems providing the Service are unavailable for any reason (including so that maintenance can be performed);
- you breach these Terms; or
- we decide to terminate your access to the Service for any reason.
We make no guarantee as to the reliability or other performance of the Service. The performance of the Service depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of Users accessing the Service.
The information available through the Service is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Service is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Service is current, complete and accurate before using it. Subject to the section headed 'Consumer Guarantees' below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.
The Service uses the internet to provide services and information. By using the Service, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
We do not warrant or guarantee the security of the Service. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
7. Consumer Guarantees
Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ("Consumer Guarantees").
Where you as a Consumer acquire goods or services under these Terms and:
- the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption ("PDH Goods or Services"), then the operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified; or
- the goods or services are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this paragraph to be void) to, at our option:
- in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and
- in the case of services, re-supplying the services or paying the cost of having the services re-supplied,
and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
8. Third party links
The Service may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
9. Suspension, withdrawal of or changes to the Service
We reserve the right to terminate or suspend any account at our sole discretion, or make use of any operational, technological, legal or other means available to enforce these Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
10. Donations and support for Kindship
You are able to support and empower the Kindship network by:
- becoming a partner with us. Partnerships make a significant contribution to our ability to deliver services and advocate for our cause. Linking your brand or product to Kindship can aid in increasing your sales, brand exposure, consumer loyalty and retention;
- participating in fundraising events; and
- providing pro bono support (such as offering your professional skills, such as mentoring, training, or other similar intellectual assets). By doing so, you can achieve your corporate responsibility goals, as well as demonstrate your commitment to our cause.
We endeavour to ensure all donations entrusted to us will be used to facilitate the Service and any other project related purposes.
11. Limits on liability and disputes
You acknowledge and agree that you are responsible for your use of the Service and we exclude any and all liability to you or any other User for any Loss suffered that arises, directly or indirectly, from your, or any other User's, use of the Service. Further, you will indemnify, defend, release, and hold us harmless from any Loss we suffer, in respect of your use of the Service.
To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, Losses, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this paragraph to be void.
We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).
Additionally, you acknowledge and agree that the information available through the Service is not, is not intended to be used as, and must not be used as, medical advice, and you acknowledge and agree that accessing or using that information does not create any form of practitioner-patient relationship or any duty of care. You must not rely on the information available through the Service and should instead obtain medical or other advice appropriate to your circumstances.
- do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise; and
- are governed by the law of the State of New South Wales, Australia, and you unconditionally and irrevocably submit to the courts of the State of New South Wales, and the courts having appeal from them.
We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising that right, power or remedy.
In these Terms:
“Kindship” means the on-line and offline community that operates via the Service, that allows Users to connect based on a User's interests, child's age, and disability journey;
“App” means the 'Kindship' mobile application available on the App and Google Play Stores;
"Australian Consumer Law" has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
"Consumer" has the meaning given to that term in the Australian Consumer Law;
“Content” has the meaning given in paragraph 3 of these Terms;
“Device” means your own internet-enabled device that is compatible with the Service and has a current and working internet connection;
"Losses" means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise;
“User” means an end user of the Service, whether or not that end user is registered as a user with Kindship or not;
“we”,“our”,“us” refers to AbleFinder Pty Ltd, (ABN 64 625 713 724) at the registered address of 181 Northeys Road, Arding, NSW 2358, Australia, incorporated under the laws of Australia; and
“Website” means the Kindship website accessible at kindship.co, and includes any content therein.