KINDLY - TERMS AND CONDITIONS - Last update: 16 September 2022
This online platform (Platform) is operated by Crisis Heroes Pty Ltd ABN 64 643 682 839 or its successors and assignees (we, our or us). It is available at: https://use.kindlyapp.com.au/ and may be available through other addresses or channels.
In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform creates a helping community by offering a service that connects people that need help with those that can offer help.
If you are a parent or legal guardian permitting a person who is at least 16 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for theMinor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in theTerms on the Minor’s behalf.
If the person agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and the person accepting these Terms is binding the Represented Entity to these Terms. If the person accepting these Terms and using our services on behalf of a Represented Entity, the person represents and warrants that s/he are authorised to do so.
If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms ofApplication.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.
Accounts and Profiles
(a) You must register on the Platform and create an account to access the Platform.
(b) You must provide basic information when registering for an Account including name and email address. You may choose a password and your email address is your username. We will use your email address to confirm your Account before you can interact with the Platform.
(c) You may register for an Account using your Facebook account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your full name, your current profile photo and email address.
(d) Once you have registered an Account, your account information will be used to create a profile which you may then curate. Your Profile is personal and you must not transfer it to others, except with our written permission.
(e) You may use your Profile to create requests for help or create offers to help as set out below. Creating a help request will require you to provide further information including your request type, priority and further description. Creating an offer will require you to choose a service you can help with and provide a further description.
(f) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
(g) You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account.
(h) At our sole discretion, we may refuse to allow any person to register or create an Account (including if you provide us with any information which indicates you are not a fit and proper person to be provided with an Account). If you do not provide us with information we reasonably request, we may refuse to create an Account for you and/or may delete your Account.
(a) At our sole discretion, we reserve the right to conduct identity verification of Accounts on the Platform. We may request additional information from you to confirm you are a legitimate person. If you do not provide us with information we reasonably request, we may terminate your Account. If you provide us with any information which indicates you are not a fit and proper person to hold an Account, we may terminate your account, in our sole discretion.
(a) The Platform creates an online helping marketplace that allows users connect, request help and support each other through the ability to request and offer (“posts”) helpful services.
(b) We reserve the right to remove any posts which we, in our sole discretion, deem to be inappropriate.
(c) We will give you the ability to delete your requests or offers, so you can manage the content and information you share with others. We will store this data for as long as we believe necessary to provide you and others the best service offering.
(d) The following types of content are not permitted, whether through messaging or other means:
(1) Inappropriate content and external links. Do not post or link anything that is inappropriate or offensive to users. This includes posts or external links to pornographic content or any other prohibited posts listed below.
(2) Personal attacks. Do not post anything that attacks or seems to be attacking someone personally. This includes threats and insults.
(3) Discriminatory Posts. Do not post anything that discriminates against anyone including on the basis of race, colour, descent or national or ethnic origin, immigrant status, sexual orientation, gender identity, sex, any type of disability, pregnancy, marital status, illness or disease, religion and age or age specific characteristics. Any type of intolerance and vilification will not be tolerated. Do not post anything that could offend, insult, humiliate or intimidate anyone.
(4) Harassment and bullying. Do not post anything designed to harass, bully or abuse anyone for any reason.
(5) Marketing or advertising. Do not post anything that constitutes marketing or advertising of any kind including clickbait.
(6) Obscene language. Do not use obscene language in your posts.
(7) Revealing of personal or sensitive information. Do not post anything that includes details of someone else’s personal or sensitive information. This includes their name, email address, gender and home address.
(8) Any postings that may violate any local, state, national or other law or regulation.
(e) If you are in doubt about a post, do not post it.
(f) If you believe any posting or postings are in breach of these guidelines report that post or postings to us at our contact email address.
(g) If you believe any user is in breach of these guidelines report that user to us at our contact email address.
(h) We may, at our sole discretion, remove any user or delete or suspend their Account, if we find a user is in breach of these Marketplace guidelines.
Offers and Requests
(a) The Platform provides an introductory service for people that need help and people that can help.
(b) Users may post offers and requests on the Platform.
(c) In order to have access to the offers and requests posted on the Platform, users will need to have their email address verified or otherwise be verified as set out on the Platform.
(d) Users can post requests and offers by type and other users can browse these posts.
(e) You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform.
(f) We are not a party to any agreement entered into between users. We have no control over the conduct of users of the Platform.
(g) We accept no liability for any aspect of the users interaction, including but not limited to the description of the post, the availability of any post offered and the performance and delivery of any services provided by users. Users are responsible for fulfilling requests and offers and conducting any relevant checks to ensure the fulfilment of any request or offer. We do not assist or involve ourselves in any way in any dispute between users regarding offers and requests.
Ratings and Reviews
(a) Users may rate other users and/or may provide feedback regarding a users’ completed service.
(b) Ratings and Reviews of a user can be viewed by any user and will remain viewable until the relevant users Account is removed or terminated.
(c) Users must provide true, fair and accurate information in their Review.
(d) If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the user from posting the Review. We do not undertake to review each Review made by users.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
Licence to use our Platform
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using our Platform to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
(f) as user, offering any services that you do not intend to honour or cannot provide;
(g) using our Platform to send unsolicited email messages; or
(h) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth),and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in theseTerms excludes your Statutory Rights as a consumer under the ACL.
(c) The goods and services provided by a Service Provider might also confer you certain Statutory Rights.
Warranties, disclaimers and indemnity
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, requests and offers by users, content uploaded by users including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses;
(c) our Platform will be secure;
(d) any requests or offers will be made by users for any services on the Platform or that users will find the services on the Platform desirable;
(e) services are of a particular standard or meet the description in the services; and
(f) content uploaded or downloaded by users, or otherwise posted on the Platform will be of a certain quality or accuracy.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to $100; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(1) event or circumstance beyond our reasonable control;
(2) acts or omissions of you or your personnel;
(3) any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
(4) use of the Platform and/or Content;
(5) interaction you have with other users whether in person or online;
(6) services, requests or offers;
(7) any injury or loss to any person;
(8) Content which is incorrect, incomplete or out-of-date; or
(9) breach of these Terms or any law.
(d) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
(e) This clause will survive the termination or expiry of these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
(a) You may cancel your Account and terminate these Terms at any time via the “Delete Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms.
(b) Terminating your Account will erase any information you have posted.
(c) We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
(d) At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a user your services at any time fail to meet any eligibility criteria for services or your services are not of applicable quality, (iii) as a user you have received poor Reviews or Ratings or we have received complaints about you including due to repeated breaches of the Marketplace Guidelines.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required bylaw. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
For any questions and notices, please contact us at:
Crisis Heroes Pty Ltd ABN 64 643 682 839
Last update: 16 September 2022