Last updated 4 April 2022
Kinora
Terms of Use: Service Provider
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, 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 other agreement in place between you and us. If there is any conflict between any other agreement we have with you and these terms, then these terms will apply to the extent of any inconsistency.
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. These Terms apply to you in your capacity as a Service Provider. If you are also a User, then our User Terms and Conditions will apply to you in that capacity.
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, Subscriptions and its content (including text, images, media, sound, video, social media posts or downloadable documentation and newsletters) is governed by these Terms and all applicable laws and regulations (including any relevant codes of conduct) as amended from time to time. In particular, you must always act in accordance with the following legislation, regulations and codes of conduct (noting that this is not an exhaustive list):
1.1.1 National Disability Insurance Scheme Act 2013 (Cth);
1.1.2 NDIS Rules (and other relevant legislative instruments)
1.1.3 Privacy Act 1988 (Cth);
1.1.4 NDIS Code of Conduct;
1.1.5 Health Practitioner Regulation National Law
1.1.6 Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law); and
1.1.7 any other relevant piece of legislation, regulation or legislative instrument.
1.2 You agree to comply with all relevant policies implemented by Kinora and notified to you governing your use of the Site and/or our Services, and any Subscription entered into with Kinora. These policies may be updated from time to time, and will become effective at the commencement of the Subscription period following you receiving notice of them.
1.3 By using the Site, you agree to these Terms; if you do not or cannot agree, you must stop using the Site immediately.
1.4 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 Service Providers who use Kinora must:
2.1.1 be domiciled in Australia;
2.1.2 be over the age of 18 (if a natural person); and
2.1.3 hold all necessarily licences, qualifications and registrations (if any) (including an Australian Business Number) necessary to provide their services in Australia.
2.2 By using the Site after these Terms have been brought to your attention, you warrant that you have authority to bind any organisation you represent to 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 assist Users to navigate the NDIS.
3.2 Kinora Marketplace allows 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 Notwithstanding this, you warrant that anything you post to the Site is true and accurate to the best of your knowledge.
3.4 Kinora reserves the right to modify, hide or remove Listings without notice and without the need to provide reasons for doing so.
3.5 A Booking Request is not a confirmed booking, but is rather a request by a User to be contacted by a Service Provider. When you respond to a Booking Request, you must provide the User with details of any applicable terms of service applying to their booking request (such as cancellation fees and other fees and charges).
3.6 Kinora strive to have all Users contacted by Service Providers in response to a Booking Request within two business days of receiving the request. If you consistently fail to meet this expectation, we may in our absolute discretion suspend or terminate your account with Kinora.
3.7 Kinora does not endorse, support or confirm the quality or appropriateness of the products or services listed. Any information contained in a Listing is not intended to replace consultation with a qualified professional.
4. Services
4.1 We may from time to time, at our absolute discretion, provide you access to some or all of the following services provided through or in connection with the Site:
4.1.1 creation of a Service Provider Page consisting of:
(a) a Listing and/or business profile, which may be viewed by other users of the Site;
(b) a discussion forum in relation to the Service Provider (including factual information about the Service Provider) on which you may reasonably promote your services and fees (including, discount or premium offers) in accordance with these Terms;
4.1.2 engagement with, and comment on, other discussion forums on the Site;
4.1.3 subject to completion of any verification or due diligence requirements specified by Kinora, display a Kinora badge on your Service Provider Page;
4.1.4 access advice from a Kinora coach;
4.1.5 establishment of a private chat environment with your clients (provided such clients are also users of the Site). When you provide us with the details of an individual you wish to invite to join the Site and/or your chat environment, we rely on you to discuss the invite with the relevant individual and make sure their details are accurate and current,
together, the Subscriptions.
5. Kinora Account
5.1 Access to certain Services or Subscriptions 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 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 We make no warranty or representation that information provided by Users is accurate, nor that they are able and willing to make payment for services they seek to acquire from you.
5.3 As long as you comply with these Terms, we grant you (as a Service Provider) a personal, non-exclusive, non-transferable, revokable, limited licence to access and use the Site.
5.4 We do not guarantee that the Site:
5.4.1 will be accessible or functional (whether wholly or partly) at all times; or
5.4.2 is free from viruses or anything else which may damage any computer which accesses our Site or any data on such a computer.
5.5 You are responsible for configuring the technology you use to access our Site. You should use your own virus protection software.
5.6 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).
5.7 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.
5.8 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. You agree to provide us with evidence of that consent on reasonable notice.
5.9 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. Service Provider Material
6.1 The Service Provider, on the Service Provider Page or in its other interactions on the Site (including posts it makes on other discussion pages and in private chats), may provide, post or otherwise make available information, material or other content (Service Provider Material).
6.2 As between us (and in respect of any other user of the Site), you have full responsibility and liability for Service Provider Material (including any Service Provider Material which is originally created or owned by a third party, such as links to third party websites).
6.3 As a Service Provider, you must ensure at all times that:
6.3.1 the Service Provider Material is accurate, complete and up to date at all times (and you acknowledge that Kinora and users of the Site may be reliant on the accuracy and completeness of such Service Provider Material);
6.3.2 the Service Provider Material is free of viruses and malicious code and does not, and your use of the Site does not, impair the functionality of the Site or the operations of Kinora or any other user of the Site;
6.3.3 you have all necessary rights (or appropriate licences) to supply and use Service Provider Material in connection with the Site;
6.3.4 you are suitably qualified to provide any information contained within the Service Provider Material (including any general advice in relation to health products and/or services);
6.3.5 you make it clear that the information you provide does not constitute personalised advice, and that it should not be relied upon prior to a User entering into an agreement with you to provide such advice in a professional and tailored context;
6.3.5 the Service Provider Material does not include any material (including any misleading material) which may reasonably be expected to:
(a) expose Kinora or its affiliates to reputational, regulatory or financial risk;
(b) present a Work, Health and Safety risk to any personnel (including contractors) of Kinora or its affiliates. This extends to and covers any verbal or written abuse;
(c) be contrary to, or cause Kinora to breach, the National Disability Insurance Scheme Act 2013 (Cth), or any other law or regulation applicable to Kinora or the Site; and
(d) you will ensure that all Service Provider Material complies with the requirements of these Terms and Community Guidelines, including prohibitions on posting offensive material or restrictions on advertising your business; and
(e) all material you post (including Service Provider Material) must comply with all relevant legislation and professional standards.
7. Passwords and Security
7.1 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. Users should create individual accounts, and not use a single account across an organisation.
7.2 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.
7.3 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.
8. Fees
8.1 The scope of Services and relevant fee (if any) (Fee) for a specified period of time (Service Period) will be advised to you in writing by Kinora from time to time and varied in accordance with clause 8.3. We may (in our sole discretion) change or update the Services (including your ability to post in certain areas on the Site) from time to time in accordance with clause 8.2.
8.2 We will use our best endeavours to provide you with a reasonable period of notice before changing the Services available to you (unless we are terminating your Kinora Account due to breach of these Terms or failure to pay a Fee). If you cancel your account within the specified period of notice, no Fee will be payable.
8.3 All Fees are payable on the due date indicated in the invoice issued by us, in full and in cleared funds. All Fees are in Australian dollars unless otherwise indicated. We may vary the Fee, by notifying you in writing 28 days’ prior to the effective date of the Fee increase. You may cancel our Services at any time prior to the Fee increase without penalty.
8.4 You agree to pay the 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 Fees paid in accordance with the Terms.
8.5 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).
8.6 If your payment is declined (for example, because of incorrect payment details or insufficient funds) we may cancel or suspend your Kinora Account 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.
8.7 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 8 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.
8.8 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.
8.9 In this clause 8: 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.
9. Cancellation and Suspension
9.1 You may cancel or suspend your Kinora Account at any time through your account settings or by emailing contact@kinora.com.au. Where you cancel or suspend your account, you will no longer be entitled to access or utilise the Services until we re-activate your account.
9.2 You may terminate your Kinora Account 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.
9.3 We may immediately suspend or remove you as a Service Provider if:
9.3.1 you are, or we reasonably suspect that you are or may be in breach of these Terms or the Community Guidelines (including any obligation to pay any applicable Fees);
9.3.2 you are adjudicated bankrupt, enter into liquidation or any arrangement or composition with your creditors or if a receiver is appointed to any part of your assets and not discharged within 14 days or if any judgment against you remains unsatisfied for more than 7 days;
9.3.3 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 Subscriptions;
9.3.4 we are required to do so in order to comply with an order, instruction or request of a regulatory authority or agency;
9.3.5 allegations are made regarding a potential breach of the NDIS Code of Conduct or the NDIS Act (including where doing so is, in our belief, necessary to protect the rights and safety of NDIS participants); or
9.3.6 we have reasonable belief that you are in breach of any applicable law.
9.4 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 account or access to the Site or other Kinora Services or Subscriptions.
9.5 We may cancel or suspend, for any or no reason:
9.5.1 your Listing immediately; or
9.5.2 your access to your Kinora Account and/or the Services with a minimum of 7 days' notice to you.
9.6 If your Kinora Account is cancelled or these Terms are otherwise terminated or expire:
9.6.1 the licence granted by Kinora to you under clause 5.2 will cease and we shall cease providing (and you shall cease using) the Site, Services and any content;
9.6.2 you must (at our request) return or destroy all copies of confidential information retained in your systems or otherwise in your possession or control;
9.6.3 we may in our discretion, delete any data, content or materials which have been provided us in connection with your Kinora Account, including the Service Provider Material, provided that we shall use reasonable endeavours to give you 7 days to download such data, content or materials prior to deletion; and
9.6.4 this will not affect any accrued rights, and rights and obligations which are intended or which by their nature survive termination will continue to have effect.
9.7 If:
9.7.1 we cancel your Kinora Account without cause pursuant to clause 9.5; or
9.7.2 you terminate your agreement with us due to our breach of these Terms, you will be entitled to a pro-rata refund of any Fees paid in respect of your Subscription that extend beyond the date of termination.
10. Privacy
10.1 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.
11. In appropriate use and content
11.1 Except as otherwise specified in these Terms, the provision of Services or Subscriptions 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 or Subscriptions).
11.2 You agree to follow the Community Guidelines and Service Provider Marketplace Policy 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
12.3.4 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). You must not make use of information or content on the Kinora site for any purpose other than offering and providing services to Users or clients or information to Users. You must not collect, use or disclose personal information about Users without their prior extent consent and always must do so in accordance with the provisions of the Privacy Act 1988 (Cth). You are not permitted to discuss matters that are the subject of legal action or threatened litigation.
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 As a Service Provider, by posting a Listing and offering to provide a service to a User and providing that service, you warrant that:
12.1.1 all information you provide is complete and accurate including its legality, reliability, accuracy and appropriateness;
12.1.2 you are appropriately qualified to provide the service and hold a current Australian Business Number, all relevant licences, police clearances and other registrations you are required to hold and maintain in order to offer the products or services;
12.1.3 your products and/or services do not infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
12.1.4 you have not and will not breach any law in describing or providing the products services you offer to provide on the Site; and
12.1.5 you are compliant with the Privacy Act 1988 (Cth), the National Disability Insurance Scheme Act 2013 (Cth) and (if required) Healthcare Identifiers Act 2010 (Cth);
12.1.6 you have completed your own due diligence to determine that the client has the capacity to pay the required fees;
12.1.7 you understand and agree that Kinora has made no assertion or warranty as to the capacity of a client to pay the required fees, and that Kinora will not be a party to any agreement you enter into with a User or client.
12.2 Service Providers must not use our Services or Subscriptions:
12.2.1 in any way other than in accordance with our Terms;
12.2.2 in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
12.2.3 for the purpose of exploiting, harming or attempting to exploit or harm Users of the Site in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
12.2.4 to transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
12.2.5 to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
12.2.6 to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or Users of the Site or expose them to liability.
13. Indemnity
13.1 By offering to provide services to a User the Service Provider agrees to:
13.1.1 indemnify Kinora from any costs, loss or damage (including legal costs on a solicitor/client basis) arising from the publication of any content you publish on the Site, provision of products or services to Users and/or any breach of warranty; and
13.1.2 release, hold harmless and indemnify Kinora from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected to your provision or proposed (or intended) provision of services to a User, regardless of whether the provision was facilitated by Kinora’s platform or not (noting that Kinora will not be a party to any relationship formed by virtue of the provision or offer of those services).
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 from other websites to the Site
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:
20.9.1 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
20.9.2 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.