WEBSITE TERMS AND CONDITIONS OF USE

About the Website
 Acceptance of the Terms
Subscription to use the Services
Your obligations as a Member
Payment
Refund Policy
Copyright and Intellectual Property
Privacy
General Disclaimer
Limitation of Liability
Competitors
Termination of Contract
Indemnity
Dispute Resolution
Venue and Jurisdiction
Governing Law
Severance

(a) Welcome to KCA Virtuality (Website). The Website is a Digital PR and Content Marketing business (Services).

(b) The Website is operated by KCA Virtuality. Access to and use of the Website, or any of its associated Products or Services, is provided by KCA Virtuality. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) KCA Virtuality reserves the right to review and change any of the Terms by updating this page at its sole discretion. When KCA Virtuality updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by KCA Virtuality in the user interface.

(a) In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee)

(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

(c) Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).

(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
 
(i) Email address 
(ii) Full Name 
(iii) Telephone number 
(iv) Company Name 
(v) Company Position
(vi) Website address
(vii) You warrant that any information you give to KCA Virtuality in the course of completing the registration process will always be accurate, correct and up to date.

(e) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. 

(f) As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).

(g) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with KCA Virtuality; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

(a) As a Member, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify KCA Virtuality of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of KCA Virtuality providing the Services;

(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of KCA Virtuality;

(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in  termination of the Services. Appropriate legal action will be taken by KCA Virtuality for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

(a) All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

(b) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
 
(c) You agree and acknowledge that KCA Virtuality can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

(a) KCA Virtuality will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of KCA Virtuality makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

(b) Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under the Australian Consumer Law.

(a) The Website, the Services and all of the related products of KCA Virtuality are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by KCA Virtuality or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by KCA Virtuality, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: 

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

KCA Virtuality does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by KCA Virtuality.

(c) KCA Virtuality retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii)  a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii)  a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

(d)  You may not, without the prior written permission of KCA Virtuality and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

KCA Virtuality takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to KCA Virtuality’s Privacy Policy, which is available on the Website.

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(a) KCA Virtuality’s total liability arising out of or in connection with the Services or these
Terms, however arising, including under contract, tort (including negligence), in equity,
under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that KCA Virtuality, its affiliates, employees, agents,
contributors and licensors shall not be liable to you for any direct, indirect, incidental,
special consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to, any loss of
profit (whether incurred directly or indirectly), any loss of goodwill or business reputation
and any other intangible loss.

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of KCA Virtuality. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, KCA Virtuality will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

(a) The Terms will continue to apply until terminated by either you or by KCA Virtuality as set
out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing KCA Virtuality with 30 days’ notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where KCA Virtuality
has made this option available to you.

Your notice should be sent, in writing, to KCA Virtuality via the ‘Contact Us’ link on our homepage.

(c) KCA Virtuality may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) KCA Virtuality is required to do so by law;
(iii) the provision of the Services to you by KCA Virtuality is, in the opinion of KCA Virtuality, no longer commercially viable.

(d) Subject to local applicable laws, KCA Virtuality reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts KCA Virtuality’s name or reputation or violates the rights of those of another party.

You agree to indemnify KCA Virtuality, its affiliates, employees, agents, contributors, third party
content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

2. Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

3. Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association and the Resolution Institute;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.

4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

5. Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

The Services offered by KCA Virtuality is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

error: Content is protected !!