(c) This defence andindemnification obligation will survive these Terms and the User’s use of theSite, App or Services.
(a) Accuracy: While We will endeavour to keep the information upto date and correct, We make no representations, warranties or guarantee,express or implied, about the completeness, accuracy, reliability, suitabilityor availability of any information, images, products, services, or relatedgraphics contained on the Site or App for any particular purpose. The User hereby acknowledges that suchinformation and materials may contain mistakes, inaccuracies or errors and Weexpressly exclude any liability for such to the fullest extent permissible bylaw.
(b) Termination: We reservethe right to refuse supply of the Services required by any User, terminate anyUser’s Account, terminate its contract with any User, and remove or editcontent on the Site or App, if the User commits a non-remediable breach or aremediable breach that is not remedied within 5 days, in its sole discretion. IfWe decide to terminate a User’s Account, with or without notice to the User, theUser’s Account will be deactivated, its password will be disabled and it willnot be able to access the Site, App, Services, its Account or its User Content.
(c) Fraudulent Activities: Each User acknowledges and agrees that, inthe event We reasonably suspect that there are fraudulent activities occurringwithin the Site, App and Services, We reserve the right to immediatelyterminate any Accounts involved in such activities, contact the relevantauthorities and provide all necessary information to assist in proceedings andinvestigations.
(d) Force Majeure: We will not be liable for any delayor failure to perform its obligations under the Terms if such delay is due to any circumstance beyond itsreasonable control.
(e) Notice: Any notice in connection with the Terms will bedeemed to have been duly given when made in writing and delivered or sent byemail or post to the party to whom such notice is intended to be given or tosuch other address or email address as may from time to time be notified inwriting to the other party.
(f) Waiver: Any failure by a party to insist upon strictperformance by the other of any provision in the Terms will not be taken to bea waiver of any existing or future rights in relation to the provision. No waiver by Us of any of the Terms shall beeffective unless We expressly state that it is a waiver and We communicate itto the User in writing.
(g) Assignment: A User must not assign any rights and obligationsunder the Terms whether in whole or in part without Our prior written consent. These Terms, and any rights and licencesgranted hereunder, may be assigned by Us without restriction.
(h) Severability: If any of theTerms are determined by any competent authority to be invalid, unlawful orunenforceable to any extent, such terms, conditions or provisions will to thatextent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(i) Jurisdiction and Applicable Law: TheseTerms, use of this Site, the App, the Services and any dispute arising out ofany User’s use of the Site, App or Services is subject to the laws of Victoria,Australia, and subject to the exclusive jurisdiction of the courts of Victoria.The Site and App may be accessed throughout Australia and overseas. We make no representation that the content ofthe Site and App complies with the laws (including intellectual property laws)of any country outside Australia. If aUser accesses the Site or App from outside Australia, it does so at its ownrisk and are responsible for complying with the laws in the place where he/sheaccesses the Site or App.
(j) EntireAgreement: These Termsand any document expressly referred to in them represent the entire agreementbetween Us and each User, and supersede any prior agreement, understanding orarrangement between Us and each User, whether oral or in writing.
17. Processing Customer Donations To Charity
(a) Kinly allows Users to donate to, and raise funds for, selected charities associated with us. Each charity has authorised us to collect your donations on its behalf, and have accepted the terms and conditions policy for use of our website. Information regarding each charity associated with us is available on our site www.web.kinly.co/impact
(b) Other than these website terms and conditions, Kinly makes no agreement with any donor or general user of our site and Kinly does not act for or on behalf of any person other than those charities and organisations who are associated with us.
(c) When you donate via Kinly we may process your donation on behalf of your chosen charity. Prior to confirming your donation, you will be presented with a display of your proposed donation before it is processed. Please check this page thoroughly to ensure that details relating to your donation have been entered correctly. Once you have approved your donation (making the necessary corrections in case of errors), Kinly processes your payment and collects the donation on behalf of your chosen charity before passing your donation on to that charity each month. We, or your selected charity, may use a third party to process your donation and the relevant third party may require you to comply with additional terms and conditions for the purpose of processing your donation.
(d) Kinly has no control over how your donations will be used by the charity you donate to. If you wish that your donations be used towards a particular purpose then it is your responsibility to contact the charity directly to ensure that this occurs to your satisfaction.
(e) Where Kinly process donations on behalf of a charity, it is charged a transaction fee, as agreed with the charity, which covers the credit and debit card fees associated with processing online transactions. This fee is calculated as a percentage of the value of the donation after the add-on is added. In such cases, Kinly holds the charity’s donations in our account and passes those donations on every month, making up the difference of the transaction fee deducted so your donations are passed on in their entirety.
(f) By donating money through the Services, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each donor agrees and acknowledges that: (a) all donations to charities are made as unrestricted gifts and may not be restricted to any particular purpose; (b) designated donations and registration fees and transaction fees will be charged to the credit or debit card or other payment method you use through PayPal or Stripe and Kinly does not collect or store your credit card information; (c) all donations are final and non-refundable;
Kinly makes no representation as to whether all or any portion of your Donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. Kinly will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any Kinly User or any Charity. You should consult your tax advisor as to the amount of your donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction,
Forquestions and notices, please contact:
Kinly Pty Ltd ACN 620 430953
435Nepean Highway, Frankston, Vic, 3199
Last update: May 2019