kkooee

Terms of Service

Policies Menu

1. General

  1. The Terms of Service are a legal contract between the individual using the Service ("you", "User") and kkooee Pty Ltd, ACN 609 282 091 ("Company," "we," "us," or "our"). As referenced in this agreement, "Site" means the websites and domains operated by the Company (www.kkooee.com), as they may be updated, relocated or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into this website. The terms "kkooee" or "Service" mean the Site or any other web sites, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications (each an "App"), features, messages such as emails that we may send you, and services, whether on-line or off-line, owned or operated by the Company.
  2. By accessing or using the Service, you:
  1. Acknowledge that by accessing or using the Service, you agree that you have read, understood, and agree to be bound by the Company's Terms of Service (the "Terms" or "Terms of Service") as updated from time to time, which govern your use of the Service. You may use the Service only as set forth in these Terms;

  2. Acknowledge that these Terms provide that all disputes between you and the Company will be resolved by binding arbitration. You agree to give up your rights to go to court to assert or defend your rights under this contract (except for matters explicitly excluded in these Terms);

  3. Consent to the collection, use, sharing and transfer of your data, including, but not limited to, location data, as outlined in the Company's Privacy Policy as updated from time to time, which is hereby incorporated herein by reference;

  4. Acknowledge that the website may contain third party content, and that the Company is not responsible for any such content;

  5. Acknowledge that the Service are provided "as-is" and without warranty of any kind, and that the Company's liability to you is limited; and

  6. Your access to and use of the Service is expressly conditioned on your agreement to, and compliance with, these Terms. By accessing, browsing, or using the service, you acknowledge that you have read and agree to be bound by these Terms of Service. 

 

2. Eligibility

  1. The service is not available to persons under the age of 18, or to any person suspended or removed from the service by the company. By accessing, browsing, or using the service you represent that you are at least 18 years of age and have not been previously suspended or removed from the service.

  2. If you are using the Service on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such organization.

 

3. The Service

  1. The Company's Site is a platform for connecting individuals like you ("Client", "Clients") who are looking for assistance with various types of projects, jobs or tasks ("Projects"), and Providers ("Engineer", "Engineers") who may be willing to perform such Projects ("Project", "Services", "Service") in the engineering and engineering services industry. Clients may enter into a Service Agreement ("Service Agreement", "Contract") with an Engineer in compliance with the terms outlined in the Terms of Service, Services Agreement and Privacy Policy.

  2. The Company may conduct a background check for each Provider, but the Company does not and cannot guarantee the accuracy or completeness of any background check or that a particular Provider is qualified to perform a particular Project, as it is solely the responsibility of each Provider, and not the Company, to determine whether they are qualified and capable of completing a particular Project. Even when accurate, background checks do not necessarily predict future behavior. When you, as a Client, request services from or otherwise interact with a Provider, you should exercise common sense and caution to protect your and others’ personal property and personal safety, including by supervising Providers in the same manner that you would supervise anyone else providing services to you that you do not know.

  3. The Company does not claim ownership of any Project requests, images, or other materials ("Submissions", "Deliverables") you submit through the Site. However, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to provide any such materials for the Company's use in providing the Service, and you agree to grant and hereby grant the Company a transferable, perpetual, irrevocable, sub-licensable, worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and exploit such Submissions on and/or in connection with the Service.

 

​4. Registration

  1. You must create an account, as either a Client or Engineer, in order to use some features of the Service. You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Service. You must not disclose your password to any third party. You are solely responsible for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your username or password.

  2. By connecting to the Company Site with a third-party service (such as LinkedIn or Facebook), you give us permission to access and use your information from that service as permitted by that service, store your log-in credentials for that service, and post information on your behalf through the service.

  3. You must provide true, accurate, current, and complete information about yourself as requested by any form you complete as part of the process of registering for the Service and/or setting up your account. If we enable you to log on to the Company Site using your credentials from a third party services (such as LinkedIn or Facebook), you must ensure that all information you make available to us through such third party services (e.g. your name, email address, physical address, gender, and birthday) is true, accurate, and complete. If any information provided by you is untrue, inaccurate, not current, deceptive, misleading, or incomplete, we reserve the right to terminate your account and refuse any and all current or future use of the Service. You are responsible for keeping your account information current and accurate; we will have no liability for failure to deliver notices that result from inaccurate account information.

 

5. Charges

  1. When you make a Project request, the Company will help facilitate the transaction by providing a mechanism for paying amounts due in connection with each Project ("Charges", "Fees"). All fees on the website are listed, referred to, promoted and charged in United States Dollars (unless otherwise specified). All users are responsible for all currency conversion, transaction and withdrawal fees that are charged through the payment processor.

  2. Charges for Projects are non-refundable and will be charged to you in accordance with the Company's fee schedule in place at the time you request a Project, which the Company may update from time to time on a going-forward basis. You are liable for any and all taxes (other than taxes based on the Company's income) for: a) the services provided by the Company; and b) related to the Projects performed by Providers.

  3. The Company, kkooee Pty Ltd, is incorporated in Australia. All fees earned by the Company are subject to 10% Goods and Services Tax (GST). All Providers, and those that accept to receive the services of Providers, are responsible for the payment of any personal, income, company payroll or associated taxes and regulatory charges.

  4. The Company will charge you for Projects through the payment method specified in your account (e.g. a credit card). If you pay any applicable Charges with a credit card, the Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your requested Project. You authorize your credit card account to pay any amounts described herein, and authorize the Company to charge all sums described herein to such credit card account. You agree to provide the Company updated information regarding your credit card and account upon the Company's request and any time the information earlier provided is no longer valid. In the event that the Company has not been able to charge the credit card due to insufficient funds, the Company reserves the right to pursue the matter in Court and contact any debt collection agency. You understand and agree that you shall be responsible for all legal and administrative costs.

  5. You acknowledge and agree that monetary transactions for the payment of charges must only be made through the Company Site using the Site’s payment methods. You acknowledge and agree that you must register and submit legitimate payment account details. In entering your payment details on the Site, you acknowledge and agree that, under the payment account details you register on the Site, you are the account owner or authorized user and are legally authorized to make and/or receive payments (as applicable) for Services.

 

6. Privacy Statement

  1. We are committed to protecting your privacy. Authorized employees within the company on a need-to-know basis only use any information collected from individual users. We constantly review our systems and data to ensure the best possible service to our users. There are specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

 

7. Confidentiality

  1. Any information concerning the User and their respective User Records may be passed to third parties. However, User records are regarded as confidential and therefore will not be divulged to any third party, other than employees and if legally required to do so to the appropriate authorities. Users have the right to request sight of, and copies of any and all User Records we keep, on the proviso that we are given reasonable notice of such a request. Users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Users with appropriate written information, handouts or copies of records as part of an agreed Contract, for the benefit of both parties.

  2. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

 

8. Feedback

  1. You may provide the Company with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages. Feedback provided to the Company may be used by the Company to improve the Service, and accordingly, you hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.

 

9. Availability

  1. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 

10. Notifications and Modification of Terms

  1. We may provide notices to you either by posting them on the Site or by email to the address you provided when you registered for an account. All notices are effective upon posting or when sent. Additionally, we may modify the Terms of Service, Services Agreement and/or our Privacy Policy at any time by posting the modified version on the Site or by sending you a copy by email. Please check the Terms periodically for changes. By continuing to access or use the Service after we have posted or emailed any such modifications, you agree to be bound by the modified Terms of Service, Services Agreement or Privacy Policy (as applicable), but solely on a going forward basis. Material changes to the Terms will automatically become effective, on a going-forward basis, thirty (30) days after they are posted to the Site or sent to you via email.

 

11. Company Property

  1. Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that the Company and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, even if the Company or its licensors incorporate any materials provided or made available by you into subsequent versions of the Service. The Service is protected by copyright, trademark, trade secret, and other laws of both Australia and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information provided through the Service.

  2. The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal information of users, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Service and subsets thereof are also protected by copyright as collective works. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Service.

 

12. General Prohibitions

  1. You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or their) use of the Service:
  1. Circumvent, or attempt to circumvent, any access or use restrictions, data encryption, or content protection related to the Service;

  2. Engage in spidering, "screen scraping", "database scraping", harvesting of e-mail addresses, wireless addresses, content available through the Service, including Content, other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service;

  3. Copy, modify or distribute the computer code used to generate web pages on the Service (other than as may be expressly permitted under a separate license agreement);

  4. Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our website and business providers;

  5. Probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;

  6. Access or search the Service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by the Company or other generally available third party web browsers;

  7. Send unsolicited email, bulk email, junk mail, spam or chain letters, or promotions or advertisements for products or services, including without limitation those which are designed to promote, directly or indirectly, a product or service with which you have a business relationship or other commercial connection;

  8. Use the Service, in any way, to send altered, deceptive or false source-identifying information;

  9. Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;

  10. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site or the Service;

  11. Impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity;

  12. Use the Service in violation of the Company's or any third party's intellectual property or other proprietary or legal rights;

  13. Use the Service in violation of any applicable law or request that a Provider provides a service which would violate applicable law;

  14. Upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party.

 

13. Termination of Use; Discontinuation and Modification of the Service

  1. If you violate any of the Terms of Service, your permission to use the Service will automatically terminated. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service:
    1. For any reason or no reason at all;

    2. Where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Company or any third party; or

    3. In connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. 

  2. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time by contacting the Company at the “Contact Us” link on the Company Site.

 

14. Indemnity

  1. You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless The Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Company Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable Solicitors' and accounting fees and costs, arising out of or in any way connected with:
    1. Your access to, use of or alleged use of the Service;

    2. Your violation of the Terms of Service or any representation, warranty, or agreements referenced herein;

    3. Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right;

    4. Any claim or allegation of a third party that the Company has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and

    5. Any disputes or issues between you and any Provider or third party.

  2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.

 

15. Use of The Service Is Entirely At Your Risk

  1. The Service is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. The Company, and any Company, Entities, specifically (but without limitation) disclaim:
    1. Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement;

    2. Any warranties arising out of course-of-dealing, usage, or trade;

    3. Any warranties that the information or result provided in, or that may be obtained from use of, the Projects requested or performed in connection with the service will meet your requirements or be accurate, reliable, complete, or up-to-date;

    4. Any warranties, representations, promises or similar statements made by a Provider;

    5. Any warranties whatsoever regarding any products, services, information or other material advertised, made available, or referred to you through the service.

  2. You assume all risk for all damages, including damages relating to a Project, to your company system or loss of data that may result from your use of, or access to, the service. Any content, materials, information or software downloaded, used or otherwise obtained through the service is done at your own discretion and risk.
     
  3. When you use the Service to request and have a Provider perform a Project, you understand and acknowledge that no Provider has authority to make changes to these Terms, and that any statements, representations, or warranties made by a Provider or any third party are disclaimed by the Company and do not expand or otherwise modify these Terms. With the exception of the fact that the Company runs background checks based on the identification information provided by each Provider, the Company makes no representation or warranty regarding the quality, reliability, safety, completeness, fitness, or nature of any services provided by a Provider.

 

16. Limitation of Liability and Release

  1. To the maximum extent permitted by applicable law, neither the Company Entities nor any other party involved in creating, producing, operating or delivering the service will be liable for any direct, indirect, incidental, special, consequential or punitive damages resulting from your access to, or use of, or inability to access or use, the service whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the Company entities have been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that the Company Entities are not liable for the defamatory, offensive or illegal conduct of Providers, other users, or third parties and that the risk of injury from the foregoing rests entirely with you. We are not liable for your reliance on information provided by a Provider or otherwise made available through the service, and you should independently verify the information made available by a Provider or through the service to ensure that it is accurate, complete, and appropriate for you. You are responsible for working with a Provider to define the nature and scope of each Project and ensuring such Project(s) complies with all applicable laws. Projects may be inherently risky and could lead to loss of, or injury to, property, personal injury, or death. Company Entities will have no liability to you or any third party in any of these events. The Company Entities will have no liability to you or to any third party for any third party for any third-party content uploaded onto, or downloaded from, the site or through the service.

  2. In the event you have a dispute related to a Project you requested through the Company Site, you hereby release kkooee Pty Ltd (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, damages (actual or consequential), obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, legal and solicitor fees), of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way connected with such dispute.

  3. You agree that the aggregate liability of the Company Entities to you for any and all claims arising from, or related to, the use of the service is limited to the greater of: i) the amounts you have paid to the Company for access, and use of, the service (including amounts charged in connection with Projects) during the six (6) months prior to the event giving rise to your claim; or ii) $50. The limitations of damages set forth above a fundamental elements of the basis of the bargain between the Company and you.

 

17. Dispute Resolution and Arbitration

  1. In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with this Agreement shall be first resolved by mediation and then by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury. Notwithstanding the above, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to:
    1. Bring an individual action in court;
       
    2. Pursue enforcement actions through applicable state/territory, or local agencies where such actions are available;
       
    3. Seek injunctive relief in a court of law; or
       
    4. To file suit in a court of law to address intellectual property infringement claims.
       
  2. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or in the event that we do not have a physical address on file for you, by electronic mail ("Notice").
     
  3. The Company's address for Notice is
  4. Kkooee Pty Ltd
  5. PO Box 214
  6. Grange
  7. Australia 4051
     
  8. The Notice must: a) describe the nature and basis of the claim or dispute; and b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of: i) the amount awarded by the arbitrator, if any; and ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator's award.

 

18. Governing Law; Venue

  1. These Terms of Service, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of Queensland in Australia.

 

19. General

  1. The Terms of Service, together with the Services Agreement and Privacy Policy, constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms of Service or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms of Service at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms of Service is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

 

20. Contact Information

If you have any questions regarding the Terms of Service or the Service, or if you wish to report a breach or violation of the Terms of Service, please contact us by using the “Contact Us’ link on the Site or at:

Address:

kkooee Pty Ltd

PO Box 214

Grange

Australia 4051