End User Terms of Use

General

The following terms of use apply to the products and services provided by Customer Reviews Pty Ltd trading as Kundello (ABN: 42 620 966 663) (“CRPL”).

In these terms of use, the words “the Service” refers to kundello.com (the “Site”) and to CRPL’s proprietary platform (“Platform”).

These terms and conditions govern both your use of the Site and Platform and CRPL’s provision of the Services. These terms of use should be read in conjunction with the Privacy Policy which is available at https://www.kundello.com/privacy-policy/

By continuing to access the Services, you agree to all of these terms of use and our Privacy Policy. If you do not agree to all of the terms of use and/or the Privacy Policy, you should not and are not permitted to use the Services.

These terms of use will apply unamended to the fullest extent permitted by law. Each time you access the Services you agree to comply with, and be bound by, the terms of use and acknowledge that CRPL may rely upon your agreement. Please note that CRPL may change all or part of these terms at any time. If CRPL does so, the new terms of use will be posted on the Site and will be effective as soon as they are posted. For future use of the Services, these terms may therefore be different. CRPL recommends that you read these terms carefully each time you access the Services and if you do not agree to any change to the terms of use then you must immediately stop using the Service.

Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms of use and the Privacy Policy.

Please note that notwithstanding anything else in these terms of use, CRPL retains the right to terminate your use of the Site and/or the Platform, or otherwise terminate or refuse service, for any reason permitted by law, in its sole discretion.

Privacy

Any information you provide to CRPL, or which is provided to CRPL about you, either intentionally or incidentally, via the Service is subject to our Privacy Policy, which governs our collection and use of your information. You agree that through your use of the Services you consent to the collection and use (in the manner outlined in the Privacy Policy) of this information.

If you provide any information to us, either intentionally or incidentally about any other person through your use of the Services, you:

if that third-party is a minor, agree that through your use of the Services you consent to the collection and use of this information; and
if that third-party is a minor, give permission for that third-party to consent to the collection and use of this information;
if that third-party is not a minor, warrant that the third-party has reviewed and consents to these terms of use; and
if that third-party is not a minor, warrant to CRPL that the third-party has reviewed and consents to the Privacy Policy.

We collect personal information about you in order to process your registration and provide you with services and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services. We may also disclose your personal information to recipients that are located outside of your country.

Review creation

CRPL asks that you treat others with respect and kindness in all communications on the Site and the Platform, when communicating with businesses and clients using the Site and/or Platform, on CRPL’s social media platforms and in all other communications involving CRPL and its clients and vendors. Any divisive or un-toward posts or behaviours will be deleted and CRPL reserves the right to remove offending users from the Site and/or Platform immediately.

In order to use the Service, you will be required to provide your personal details. In particular, you may be required to provide your real name, e-mail address and other requested information as indicated.

All information provided to us must:

be accurate and correct to the best of your knowledge; and
not infringe on the rights of any third parties, including but not limited to, content that infringes on privacy rights or intellectual property rights.

If you are under the age of 13 years, you may not use the Services. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms of use and the Privacy Policy with your parent or legal guardian to make sure that you and your parent or legal guardian understand these terms of use and the Privacy Policy.

If you are a parent or guardian permitting a person under the age of 18 (a “Minor”) to use the Service, you agree to:

exercise supervision over the Minor’s use of the Services;
assume all risks associated with the Minor’s use of the Services, including the transmission of content or information to and from third-parties via the internet;
ensure that the content and information that the Minor may encounter on the Services are suitable for the Minor;
assume liabilities resulting from the Minor’s use of the Services;
ensure the accuracy and truthfulness of all information submitted by the Minor; and
provide the consents contained in these terms of use or the Privacy Policy on behalf of the Minor.

We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these terms of use and the Privacy Policy on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to the Services on this basis.

Limitation of use

You may not do any of the following while accessing or using the Services:

access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of CRPL and/or its service providers;
probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by CRPL (and only pursuant to those terms of use);
scrape the Services, and particularly scrape Content (as defined below) from the Services, without the express prior written consent of CRPL (which may be given or withheld in the sole discretion of CRPL);
use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging transmission control protocol/internet protocol packet headers or e-mail headers;
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services; or
take any action that may undermine the quality of information contained on the Service, the feedback systems or the ratings systems used on the Service.

Intellectual property rights

For the purposes of these terms of use:

“Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Service;
“CRPL Material” means Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related to the Site, the Platform or the Services (with the exception of the End User Generated Content), including without limitation any underlying software, platforms, algorithms, technology, site design, any information, services, texts, files, Platform and product documentation, CRPL videos, various applications, social graphs, organization, structure, specifications, application “look and feel,” navigation, features and related content that may be created in connection with the use of or registration to the Site or Platform and/or other proprietary materials;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:
(a) patents, inventions, designs, copyright, trade-marks, brand names, product names, domain names, rights in circuit layouts, know how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
(b) any application or right to apply for registration of any of these rights;
(c) any registration of any of those rights or any registration of any application referred to in paragraph (b); and
(d) all renewals and extensions of these rights; and
“Review” includes opinions, product or service ratings or reviews, articles, written expressions, in any form or media, Instagram photos and/or any works of authorship created a user, the Client or any third-party and may, subject to these terms and conditions, include any Reviews that are imported through the Platform from third-party sites.

For Content uploaded by you, including Reviews, or given to CRPL, you grant CRPL a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence for its use.

Notwithstanding the above, all CRPL Materials are the property of CRPL and CRPL retains all right, title and interest in the CRPL Materials. Reproduction of all Content that appears on the Site, the Platform or otherwise via the Service is prohibited, except where explicitly authorised by these terms of use. CRPL and/or third parties retain ownership of all intellectual property rights in Content which has not been uploaded by you. No transfer or grant of any ownership rights to any CRPL Materials is made or is to be implied by any provision of these terms and conditions or by any other provision contained in the Site or the Platform.

Unless otherwise indicated in these terms of use, all materials on the Site, Platform or provided as part of the Services are protected by Intellectual Property Rights. Except for the bona fide purpose of considering an invitation to treat from CRPL or as otherwise permitted by law, the Site, the Platform or any portion of the Site or Platform may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by CRPL.

Any other use of materials on the Service without the prior express written permission of CRPL is strictly prohibited.

Disclaimer

The information provided as part of the Service is for general information purposes only and does not constitute professional advice. Nothing in these terms excludes, restricts or modifies any condition, warranty or liability which may at any time be implied by the Competition and Consumer Act 2010 (Cth) or any other applicable law where to do so is illegal or would render any provision of these terms void.

Subject to this qualification, all express and implied conditions or warranties, statutory or otherwise, in respect of the information supplied is expressly negated and excluded. You agree that CRPL will not be liable for any damages or loss of any kind whatsoever (including, without limitation, any liability for consequential loss) arising out of the use by you of, or reliance by any person on the information supplied whether arising from any act, omission, error, misstatement or failure (and whether negligent or not) of CRPL, its officers, servants, agents or independent contractors or otherwise. Without limiting the foregoing, in absolutely no circumstances will CRPL accept liability whatsoever for loss of income deriving from the use of the Services. You release CRPL and all related parties from all claims, demands and proceedings in tort, statute or in any other way arising out of this CRPL’s provision of the Services, your use of the Site or Platform or otherwise, and you indemnify CRPL against all liability (including liability for negligence and the negligence of others) for all injury, loss or damage arising out of any engagement under these terms.

While CRPL will take all reasonable steps to provide content that is true and accurate, CRPL makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of the Service or the information contained on the Service, for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

The Service may contain content, imagery, text and other media generated by users of the Service. CRPL makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information, products, services, or related graphics contained on the Service. Any reliance you place on such information is strictly at your own risk.

Every effort is made to ensure the efficient operation of the Service. However, CRPL takes no responsibility, and will not be liable for the Service becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond CRPL’s control.