Terms & Conditions | Knackmap

Terms & Conditions

Last Updated : 17th May, 2018

Part 1 Operation and Dictionary

1. Operation

  1. The Terms should be read together with the Privacy Policy.
  2. We own and operate the Website.
  3. By accessing and/ or using the Website, you agree to the Terms and the Privacy Policy.
  4. You should read the Privacy Policy and the Terms carefully. If you do not agree to the Terms and the Privacy Policy, you should immediately stop using the Website

2. Structure of Website

  1. The Terms should be read together with the Privacy Policy.
  2. We own and operate the Website.
  3. By accessing and/ or using the Website, you agree to the Terms and the Privacy Policy.
  4. You should read the Privacy Policy and the Terms carefully. If you do not agree to the Terms and the Privacy Policy, you should immediately stop using the Website

3. Dictionary

In the Terms, the following terms have the following meanings:

Terms Definition
our, us and we Knackmap Pty Ltd ACN 162 964 341
Privacy Policy Our privacy policy published on this Website
Services A social media publishing and management platform, and social media and digital marketing services
Subscription Fees The Subscription Fees published on this Website from time to time.
Personal Information The personal information which you provide to us as part of Registration as updated from time to time.
Registered You are Registered if you have completed Registration
Registration Registration under Part 2
Terms These terms and conditions
Website The domain knackmap.com and all subdomains and related services

Part 2 Registration/ Personal Information

4. Registration/ Personal Information

  1. You must be Registered to access the Services.
  2. To become Registered you must:
    • be at least 15 years of age; and
    • possess the legal right and ability to enter into a legally binding agreement with us; and
    • agree and warrant to use the Website in accordance with these Terms.

5. Personal Information

  1. In order to be Registered you must provide us with your personal information. We may change the Personal Information which we collect from time to time.
  2. You must ensure that the Personal Information which you provide to us is accurate and up to date.
  3. Our Privacy Policy applies to the Personal Information.

6. Collection Notice

  1. We collect the Personal Information in order to provide you with the Services and for purposes otherwise set out in our Privacy Policy.
  2. We may disclose that information to third parties that help us deliver the Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information or provide inaccurate information, we may not be able to provide some or all of the Services to you.
  3. Our Privacy Policy explains:
    • how we store and use, and how you may access and correct your personal information; and
    • how you can lodge a complaint regarding the handling of your personal information; and
    • how we will handle any complaint.
  4. If you would like any further information about our privacy policies or practices, please contact us using the details on our Website.
  5. By providing the Personal Information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

7. Username and Password

  1. When you are Registered, we will provide you with a user name and password.
  2. You must keep this user name and password secure and you are responsible for all use and activity carried out under this user name.

Part 3 Services

8.Service Fees

  1. We may offer different features and options for the Services based upon your chosen levels of Subscription Fees.
  2. Upon becoming Registered, you agree to pay the chosen Subscription Fees to us.
  3. The section of the Website setting out our Subscription Fees sets out the terms upon which theSubscription Fees must be paid.
  4. If you do not pay the Subscription Fees, we may terminate the Services or reduce the functionality of the Services.

9. Access to Services

  1. Upon becoming Registered and subject to payment of the Subscription Fees, we will provide your chosen Services to you.
  2. As with any other business, we are unable to guarantee that you will have access to the Services at all times. In particular, we rely upon certain third party providers for parts of the Services, we do not control those providers and, accordingly, those providers may fail causing a corresponding failure in the Services.
  3. If we fail to provide the Services, our liability is limited to:
    • resupplying the Services to you; or
    • refunding you the Subscription Fees for the affected period.
  4. IN AUSTRALIA, OUR SERVICES MAY COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATIONS ARE EXPRESSLY EXCLUDED WHERE PERITTED, INCLUDING LIABILITY FOR LOSS OF PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS.

Part 4 Changes

10. Accuracy, completeness and timeliness of information

  1. The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this Website.
  2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
  3. We may, from time to time and without notice, change or add to the Website (including the Terms and the Privacy Policy) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
  4. Changes to the Terms and the Privacy Policy take effect once published on the Website. Your continued use of the Website and the Services constitutes acceptance of the changed Terms.

11. Changes to Services, Subscription Fees, etc.

  1. We may, from time to time and without notice:
    • change, remove or add to the functionality of the Services; and
    • change the Subscription Fees.
  2. ) You accept that we may change the Services from time to time.
  3. You accept any change to the Subscription Fees and we are entitled to charge those changed Subscription Fees to you on the next billing cycle.

12. Promotions and Competitions

  1. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Part 5 Other Conditions

13. Linked sites

  1. Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

14. Intellectual property rights – General

  1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
  2. Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
  3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
  4. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

15. Intellectual property rights – Services

  1. This Clause 15 applies to your intellectual property rights while using the Services.
  2. To the extent of an inconsistency between this Clause 15 and Clause 14, this Clause 15 prevails.
  3. While using the Services, we may access your information both from you and from third party providers. You grant to us a licence to:
    • access that information; and
    • cache and store that information on our servers, in each case, for the limited purpose of providing the Services. Your use of the Services does not otherwise grant or transfer any rights to that information.

16. Unacceptable activity

  1. (a) You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
    • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
    • using this Website to defame or libel us, our employees or other individuals;
    • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
    • posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which isdefamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
  2. If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

17. Warranties and disclaimers

  1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
  2. We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

18. Liability

  1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
  2. We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

19. Jurisdiction and governing law

  1. Your use of the Website, these Terms and the Privacy Policy are governed by the law of the State of South Australia.
  2. We and you submit to the non-exclusive jurisdiction of the Courts of that State and the Courts of the Commonwealth of Australia (in the registry in the capital of that State) and any Courts which may hear appeals from those Courts.
  3. The Parties agree not to object to the jurisdiction of those Courts on the basis of forums non conveniens, under the Service and Execution Of Process Act 1992 (Cth) or any other basis.

20. Entire Agreement

  1. These Terms, the Privacy Policy (and any other document incorporated by those documents) (together, the Contractual Documents) forms the entire agreement between us and you as to its subject matter.
  2. All prior representations, statements, warranties and guarantees are expressly waived unless incorporated into the Contractual Documents.
  3. The Contractual Documents may only be amended in writing.