Kinora
Terms of Use: User
These Terms of Use, which include our Privacy Policy and Community Guidelines (Terms) apply to the Kinora website located at <www.kinora.com.au>, and all associated web sites, sub-domains, platforms, forums or marketplaces (including Kinora Marketplace) (Site). The Site is owned and operated by My Plan Manager.com.au Pty Ltd (ABN 52 617 963 676) (collectively, Kinora, MPM, our, us, or we).
Kinora’s mission is to promote a safe and supportive online community for those living with a disability. Kinora Marketplace is an online platform that helps to connect clients (Users) to Service Providers in the area of disability care and support. The provision of online tools, forums, market places and information to Users and Service Providers by Kinora (each a Service) are governed not only by these Terms, but also by any service agreement in place between you and us in relation to those Services. If there is any conflict or inconsistency between the Terms and your service agreement, your service agreement will prevail.
As part of Kinora, you will be given access to a closed community of Kinora users that you invite into that community (called a Circle).
A Service Provider means a person who offers the provision of products or services to Users, and who communicates with, or advertises to, Users via the Site.
Unless there is a statement, expression or agreement expressly to the contrary, these Terms shall also apply to our Services.
If you have any questions about these Terms, please contact us by emailing contact@kinora.com.au
1. Acceptance of these Terms
1.1 Your use of the Site and/or our Services and its content (including text, images, media, sound, video, social media posts or downloadable documentation and newsletters) is governed by these Terms.
1.2 By using the Site, you agree to these Terms; if you do not or cannot agree, you must stop using the Site immediately.
1.3 These Terms apply to all use of the Site including your use of sections of the Site that are subject to additional specific terms and conditions which will apply even if you fail to review those specific terms and conditions.
2. Eligibility to use the Site
2.1 Unless otherwise expressly approved by us, we do not authorise or permit any person under the age of 18 or any person who lacks mental capacity to access or use the Site (unauthorised persons). An adult with appropriate representative capacity may access the Site on behalf of an unauthorised person subject to their acceptance of these Terms.
3. Kinora Marketplace
3.1 The purpose of Kinora Marketplace is to:
3.1.1 provide a community and support network for people who have, or care for an individual living with, a disability;
3.1.2 support discussion on various topics of interest to Users;
3.1.3 facilitate individuals connecting with relevant Service Providers for the provision of certain services; and
3.1.4 building capacity and knowledge of Users in navigating the NDIS.
3.2 Kinora Marketplace allows third party Service Providers to advertise their services (each a Listing), and Users to request bookings (Booking Request). Kinora does not review or moderate Listings, and is not a party to any agreement formed between Users and Service Providers.
3.3 A Booking Request is not a confirmed booking, but is rather a request to be contacted by a Service Provider. The Service Provider will contact Users independently to offer their services and notify the User of any applicable Terms of Service at the time of responding to a Booking Request.
3.4 We ask Service Providers to use their best endeavours to respond to Booking Requests within 2 business days of receiving the request, however we cannot guarantee that this will occur.
3.5 Kinora’s role is to connect Users with a Service Provider only. Kinora is not a party to any agreement a User enters into with a Service Provider and does not provide booking confirmations on behalf of Service Providers.
3.6 The User agrees that the Site and its content do not constitute professional medical, healthcare or other professional advice, diagnosis or recommendation of treatment and are not intended to, nor should they be used to, replace professional medical advice. In no circumstances should any content be relied upon by a User without independent consideration and confirmation by a qualified medical practitioner of that content.
3.7 Information provided by a Service Provider has not been reviewed or verified by Kinora. Kinora does not endorse, support or confirm the quality or appropriateness of the products or services listed. Any information contained in a Listing or Business Profile is not intended to replace consultation with a qualified professional. Please conduct your own research and seek appropriate and relevant independent advice prior to engaging a Service Provider.
3.8 If you believe there to be an improper statement on the Site, or have a query regarding a statement, please contact us at contact@kinora.com.au.
4. Subscriptions
4.1 We may from time to time offer you a subscription entitling you to use certain services (Subscription) provided through or in connection with Site, including additional support items such as, expert advice from NDIS coaches, online events and Circles (Kinora Services) in return for the payment of a fee (Subscription Fee).
4.2 The scope of the Subscription (including Kinora Services) and the Subscription Fee will be as described on the Site on the date you activate your Subscription (Activation Date). We may (in our sole discretion) change or update the Kinora Services and Subscription Fee from time to time in accordance with clause 7.1.
4.3 A Subscription commences on the Activation Date and runs 28 days’ (Service Period). Your Subscription shall automatically renew for further Service Periods, unless cancelled or suspended in accordance with these Terms.
4.4 We may, in our sole discretion and on written notice, offer "trial" Service Periods, for which no Subscription Fee is payable, or otherwise waive the Subscription Fee for a specific Service Period. Any such trial Subscription shall be subject to these Terms (other than clause 5), and we may immediately cancel or suspend such trial at any time on written notice to you.
5. Kinora Account
5.1 Access to certain Services require you to create an account. In doing so, we will collect certain information from you that is necessary to create your Kinora account. We will use and disclose this information for the purposes of operating Kinora and other services, in accordance with our Privacy Policy. You must ensure that all information provided to us is accurate and remains up to date at all times.
5.2 If you are an existing customer of My Plan Manager.com.au Pty Ltd, you give us the permission to link your MPM account to your Kinora Account. This means that all your information stored under your MPM account (such as NDIS plan dates, NDIS number and contact details etc.) can be accessed by Kinora, in accordance with our Privacy Policy.
5.3 If you are a User, you may invite other individuals to join Kinora and/or your Circle (up to 10 users). When you provide us with the details of an individual you wish to invite, you warrant that you have provided us with correct information and informed the invitee that we will reach out to them with further information about our services.
5.4 As long as you comply with these Terms, we grant you (as the User of the Site) a personal, non-exclusive, non-transferable, limited licence to access and use the Site.
5.5 We do not guarantee that the Site:
5.5.1 will be accessible or functional (whether wholly or partly) at all times; or
5.5.2 is free from viruses or anything else which may damage any computer which accesses our Site or any data on such a computer.
5.6 You are responsible for configuring the technology you use to access our Site. You should use your own virus protection software.
5.7 We may suspend or withdraw or restrict the availability of all or any part of our Site for business, operational or any other reason at any time. We will try to give you reasonable notice of any suspension or withdrawal (but are not required to do so).
5.8 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5.9 By holding a Kinora Account and providing personal information to us, you consent, and (where relevant) represent that where you provide personal information that relates to another person (such as a NDIS participant who meets the NDIS access requirements), that person has consented, to the collection, use, storage, disclosure and other handling of that information as described in these Terms and our Privacy Policy.
5.10 We may also ask you to consent to additional activities in relation to your personal information from time to time. You can choose to grant or withhold this additional consent without affecting your normal use of the Site.
6. Passwords and Security
6.1 When you register and activate your Kinora Account, you can choose your username and password. You are responsible for maintaining the confidentiality of the information used to access your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
6.2 You agree to notify us immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your account profile, password or account as a result of your failing to keep your account information secure and confidential.
6.3 You may not use anyone else’s account profile, password or account at any time without the express permission and consent of the holder of that account profile, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
7. Subscription Fee
7.1 You will be charged Subscription Fees, which are payable on the last day of each relevant Service Period in full and in cleared funds. All Fees are in Australian dollars unless otherwise indicated. We may vary the Subscription Fee, by notifying you in writing 28 days prior to the effective date of the Subscription Fee increase. You may cancel your Subscription at any time prior to the Subscription Fee increase without penalty.
7.2 You agree to pay the Subscription Fees using a valid credit card (or other form of payment as we may allow from time to time) without set off, abatement or deduction. We will provide monthly remittances to you for Subscription Fees paid in accordance with the Terms.
7.3 You agree to provide us with current and complete information as required for payment (which may include full legal name, email address, credit card details and billing information. If you wish to claim the Subscription Fee from the National Disability Insurance Agency, you must provide us with your NDIS number, and agree that you will update this information as necessary.
7.4 If your payment is declined (for example, because of incorrect payment details or insufficient funds) we may cancel or suspend your Subscription and access to the Services until payment has been received. You remain responsible for any outstanding payments owing to us and you authorise us to charge any outstanding payments to your updated payment method.
7.5 You acknowledge that all amounts payable under or in connection with our Services are expressed on a GST-exclusive basis. Words or expressions used in this clause 7 which are defined in the GST Law have the same meaning in this clause. If any supply made in accordance with these Terms is a taxable supply, the recipient must pay to the supplier, in respect of that taxable supply, an additional amount equal to the GST payable by the supplier in respect of that taxable supply.
7.6 Where any indemnity, reimbursement or similar payment under these Terms is based in any cost, expense or other liability, it shall be reduced by any input tax credit entitlement in relation to the relevant cost, expense or other liability.
7.7 In this clause 7: GST Law means A New Tax System (Goods and Services Tax) Act 1999 as amended or replaced from time to time and also includes any associated legislation and delegated legislation.
8. Cancellation and Suspension
8.1 You may cancel or suspend your Subscription at any time through your account settings or by emailing contact@kinora.com.au and that cancellation or suspension will take effect at the end of the then-current Service Period. Where you cancel or suspend your Subscription, you will no longer be entitled to access or utilise the Services until you re-activate your Subscription.
8.2 You may terminate your Kinora Account (or Subscription) if we are in breach of a material term of these Terms, and we fail to remedy that breach within 28 days’ of receiving written notice to remedy such breach.
8.3 We may immediately suspend or cancel your Subscription or access to the Services if:
8.3.1 you are, or we reasonably suspect that you are in breach of these Terms or the Community Guidelines (including any obligation to pay Subscription Fees);
8.3.2 we reasonably believe that Kinora or our affiliates are, or are likely to be, in breach of law or brought into disrepute, as a result of the provision of, or your use of, the Services; or
8.3.3 we are required to do so in order to comply with an order, instruction or request of a regulatory authority;
8.3.4 we have reasonable belief that you are in breach of any applicable law.
8.4 We will not be responsible for any loss, cost, damage or liability that may arise as a result of our cancellation or suspension of your Subscription or access to Kinora Services.
8.5 If your Subscription is cancelled, we may in our discretion, delete any data, content or materials has been provided us in connection with your Subscription, including the contents of your Circle.
8.6 We may cancel your Subscription or access the Services for any or no reason with a minimum of 28 days' notice to you.
8.7 If, during a Service Period, your Subscription is cancelled or suspended under clause 8.6, or by you under clause 8.2, we will charge you a pro-rated Subscription Fee for that Service Period. In all other circumstances you will not be entitled to any reduction in, or refund of, relevant Subscription Fees.
9. Privacy
9.1 We value your privacy and we take the security of your personal information seriously. Our Privacy Policy sets out how we will collect, hold, use and/or disclose your personal information.
9.2 These Terms incorporate our Privacy Policy and you are taken to have read and accepted our policy. By using the Service, you consent to the processing of your personal information described in our Privacy Policy, and warrant that all information and data provided by you is accurate.
10. Communications
10.1 When you give us your email address, you are consenting to receiving all required notices and correspondence from us via email to your email address. You must contact us immediately if there are any changes to your email address.
10.2 Where you enquire about a Service Provider or a particular service offered by third parties (including by making a Booking Request) we may provide your contact details and personal information to enable third parties to assist you with that enquiry or request.
10.3 We may also use your email to respond to a query that has been submitted via the Site.
10.4 By using the Site, or communicating with us by e-mail, you acknowledge and agree that Internet transmissions, including e-mails, are never completely private or secure. This means that even if a particular transmission is encrypted, you understand that any message or information you send to the Site may be read or intercepted by others.
11. Inappropriate use and content
11.1 Except as otherwise specified in these Terms, the provision of Services is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within the Site (including any Service).
11.2 You agree to follow the Community Guidelines at all times when you are using the Site. You acknowledge that we, and any moderator we engage, can access and review all information you post to the Site.
11.3 You acknowledge that we, and any moderator we engage, may undertake certain actions, at our sole discretion, where we consider there has been unacceptable activity we may take the following action:
11.3.1 contact you directly and/or issuing a warning;
11.3.2 immediately remove, hide or edit information or documents posted to the Site, or move a post to a more appropriate section of the Site without notification;
11.3.3 terminate or temporarily suspend access to your Kinora Account, or your ability to publicly post on the Site upon reasonable notice to you where practicable; or
11.3.4 report the activity to law enforcement, regulators or other authorities.
11.4 You must not use the Site to send unsolicited emails to recipients who have not given you permission to send them emails. You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties. You must not attempt to modify or damage the Site and you must not use or target the Site in connection with a denial of service attack. You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any person or entity if not authorised to do so. You must not cause or permit any other person to engage in any of these activities (e.g. by providing them with access to your computer or by providing password information to them).
11.5 To the extent permitted by law, we are not liable for defamatory, offensive, illegal or inappropriate content available at the Site or accessed from the Site and the risk of injury from such content rests entirely with you.
12. Warranty
12.1 We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to legislation to the extent that those conditions, warranties, rights and remedies cannot be excluded by agreement (non-excludable rights).
12.2 Subject to any non-excludable rights: (a) the Site and its content are provided on an "as is" basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the Site) are excluded.
12.3 If you find any errors or omissions, please report them to us immediately at contact@kinora.com.au
13. Indemnity
13.1 You must indemnify Kinora and MPM and keep us indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by us arising from your breach of these Terms or otherwise howsoever from or in connection with your use of the Site.
14. Liability arising from use of the Site
14.1 Subject to any non-excludable rights: (a) your use of the Site is entirely at your own risk; (b) you hereby release us from any claims you would otherwise have against us now or in future arising directly or indirectly from the Site or your use of the Site; and (c) in no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, or arising from your inability to participate in any promotion offered on the Site whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in the Site’s performance and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the Site or your attempted use of the Site.
14.2 If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these Terms, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or Services again or payment of the cost of providing the information, products or Services again (at our election).
15. Third party material
15.1 The Site may include content or references supplied by users or other third parties (third party material). We do not monitor and accept no liability for third party material. Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material. We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material or the identity, knowledge or qualifications of any provider of third party material. Your access to and reliance on third party material is entirely at your own risk.
15.2 References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, do not constitute or imply their sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.
16. Links to third party web sites
16.1 Any links to third party web sites from the Site are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third party web sites or your rights to access, reproduce and use that material. We do not review or monitor any linked third party web sites and we are not responsible for the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material on the Site or material on any third party web site and accept no responsibility for any broken or redirected links. The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content. It is your responsibility to evaluate the content and usefulness of information obtained from other web sites. Your access to and reliance on any third party web site is entirely at your own risk.
16.2 You acknowledge and agree that we may receive payments or other benefits in connection with links to third party web sites or the inclusion of third party material in the web sites.
17. Links from other web sites to the Site
17.1 Other web sites may only link to the Site with our prior written permission. Any web site that links to the Site must link to the relevant home page and must not: (a) replicate the Sites’ content; (b) create a browser or border environment around the Sites’ content; (c) imply any endorsement by us; (d) misrepresent its relationship with us; (e) present false information about our Services; or (f) use our name or logos without our prior written permission.
18. Viruses
18.1 We cannot and do not guarantee or warrant that the Site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
19. Content and Intellectual Property Rights
19.1 We are the owner or the licensee of all Intellectual Property in the Site and its content and our Services (unless expressed to the contrary).
19.2 Title and ownership of our Intellectual Property shall not be transferred by virtue of your use of the Site or our Services.
19.3 Where you upload information and data to our Site, you:
19.3.1 warrant that you have a right to provide us with that information and data;
19.3.2 warrant that our storage and processing of that information and data will not infringe any third party’s legal rights;
19.3.3 grant us with a perpetual, royalty-free, world-wide, assignable and sub-licensable licence to use that information and data for the purpose of providing you, our clients and users with our Services and content, and for our own internal purposes.
19.4 Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or our Site, in whole or in part.
19.5 You agree that you will not seek to reverse engineer, decompile or otherwise reproduce the Site or any of our Services or content.
19.6 You must not use our name, all related names, logos or trade marks, or the trade marks of our affiliates or licensors without our prior written consent.
19.7 You agree to not offer our Services or content for resale to any third party.
19.8 If we provide social media features such as the ability to share our content, you may take such actions as are enabled by such features but only using such tools or methods as we provide.
19.9 You may, from time to time, provide us with ideas, know-how, methodologies, comments or suggestions relating to our Services (Feedback). If you do:
19.9.1 all intellectual Property in the Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works) vest in, and are owned solely by, us; and
19.9.2 we may use or disclose the Feedback for any purpose.
In this clause Intellectual Property means all statutory and other proprietary rights in respect of copyright and neighbouring rights, all rights in relation to inventions (including registered and unregistered patent rights), registered and unregistered trademarks, designs, source code, the right to have Confidential Information (including trade secrets and know-how) kept confidential, and all other rights resulting from intellectual activity in industrial scientific, literary or artistic (including musical) fields;
20. Miscellaneous Provisions
20.1 We may from time to time change, modify, add or remove portions of these Terms. Amendments will be effective immediately upon notification on the Site. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
20.2 If any of these Terms are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.
20.3 No waiver by us, in exercising any right, power or provision in this document shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
20.4 If a dispute arises out of or in connection with these Terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
20.5 Kinora is not liable for any breach of our obligations resulting from causes beyond our reasonable control including internet outages, pandemic, epidemic, pestilence, strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.
20.6 These Terms record the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.
20.7 These Terms and any transactions governed by it will be governed by and construed in accordance with the law of South Australia. You submit to the exclusive jurisdiction of courts in South Australia.