This website (Site) is operated by Kapalins Pty Ltd ABN 28 669 888 662 (we, our or us).
By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our Site if you do not agree to these Terms.
Changes to the Terms
We may change these Terms from time to time by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms.
No unlawful, infringing or offensive activity
You must not post or transmit to or via the Site any information or material or otherwise use the Site for any activity which:
- Breaches these Terms or any laws or regulations, or has unlawful or fraudulent purpose or effect;
- Infringes a third party’s rights or privacy, including by sending or procuring the transmission of unsolicited or unauthorised advertising or promotional material (spam); or
- Is contrary to any relevant standards or codes, including generally accepted community standards.
You must also not permit or enable another person to do any of these things.
No viruses or other interference
You must not transmit to or via the Site any virus or other information or material or otherwise use the Site in a way which attempts to or in fact:
- Attacks, tampers with, hinders the operation of or makes unauthorised modifications to the Site;
- Inhibits any other user from using the Site;
- Defames, harasses, threatens, menaces, offends or harms any person; or
- Contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
Additionally, you must not permit or enable another person to do any of these things.
We may suspend or terminate your access
We may suspend or terminate your access to all or any part of the Site at any time, if in our reasonable opinion you breach these Terms. We may report any breach of these Terms to the relevant law enforcement authorities and/or co-operate with relevant authorities including by disclosing your identity to them.
Ownership of content on the Site
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all content on the Site. Your use of our Site and your use of and access to any content on the Site does not grant or transfer to you any rights, title or interest in relation to our Site or its content. We grant you a licence to access and view our Site and its contents in accordance with these Terms. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or any relevant third party licensor of ours. Except as permitted by law, all other use, copying or reproduction of this Site or its contents is prohibited.
To the extent that you submit, post, transmit or otherwise make any material available via the Site, you grant to us, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of our business, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.
You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law.
We may monitor or review your content, but we are not obliged to do so. We may also alter or remove any of your content at any time for any reason, including to ensure the operational integrity of our services, in our sole discretion and without notice.
No warranties or representations
To the maximum extent permitted by law, we make no representations or warranties about the Site or its content, including that it is complete, accurate, reliable, and suitable for any particular purpose, or that access will be secure, uninterrupted, error-free or free from viruses.
Third party sites
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites, and accept no responsibility for them or for any loss or damage which may arise from your use of them. You should make your own investigations with respect to the suitability of those websites.
Our liability to you
Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts.
We are not liable for any loss or damage to the extent that it is caused by you.
To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the Site in connection with any business purpose. This includes for any direct, indirect or consequential loss, damage or expense suffered by you.
If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the services, information or links and associated services, as the case may be.
Your liability to us
You are liable to us for breach of these Terms or negligence under the principles applied by the courts. You are not liable to us for any loss to the extent that it is caused by us.
No waiver for breaches
Failure by either party to act in relation to a breach of these Terms does not amount to waiver of any rights to act in relation to that breach or any later breach by the other party.
Information collected and cookies
When you visit our Site we may collect certain information, such as browser type, operating system, website visited immediately before coming to our site. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
We may use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. We may use cookies to improve the experience of people using our website, including to personalise content, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners. We process information about you in accordance with our Privacy Policy. By using our Site you consent to such processing and you warrant that all data provided by you is accurate and complete.
Governing law
These Terms are governed by the law in force in the State of Victoria, Australia.
For any questions and notices, please contact us at
Kapalins Pty Ltd ABN 28 669 888 662
enquiry@Kapalins.com