Kohab Terms & Conditions
- 1. Introduction
- 2. Access
- 3. Intellectual Property
- 5. Disclaimer and Liability
- 6. International Access
- 7. General
Welcome to www.kohab.com (website) which is operated by Kohab Pty Limited (ACN 614 611 791) (we, us or our). These terms and conditions govern your use of the Website (Terms). Your access and use of the Website in any way indicates your agreement to these Terms which form a binding contract between you and us. Depending on how you use or access the Website, there may be other terms, policies or other agreements which apply.
You warrant that you are at least 18 years old or you are accessing or using the Website under the supervision of a parent or guardian, who agrees to these Terms.
Subject to your continued compliance with these Terms, we grant you a personal, non-exclusive, limited, revocable right to access and use the Website, solely for the purpose of obtaining information and shopping for the items sold through the Website. You must not access or use the Website for any commercial purpose or on behalf of a third party without our prior consent.
You must not:
- copy, publish, sell, lease, communicate, modify, create derivative works from, translate, disassemble, reverse-engineer, decompile or otherwise exploit any part of the Website;
- commercialise or exploit for a profit, any information provided on the Website; or
- make any use of the Website for the benefit of another business,
unless we have given our express written authority for you to do so.
We may allow you to upload or publish material including ideas, questions, know-how, reviews and suggestions (User Material) using the Website but we are not required to do so. If we publish any User Material that you provide, we reserve the right to remove it at any time.
In relation to any User Material that you upload to the Website or transmit to us in any way, you:
- acknowledge and agree that it is and will be treated an non-confidential; and
- grant us the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, publish, sell, lease, communicate, modify, create derivative works from, translate, disassemble, reverse-engineer, decompile or otherwise exploit in any way that User Material.
You must not upload or publish any User Material that, in our reasonable opinion:
- is offensive, discriminatory, threatening, vulgar or pornographic;
- violates or infringes any intellectual property rights (in any form) of any person; or
- includes any viruses or other harmful code.
We may remove (with or without notice and at our sole discretion) any User Material that is referred to above.
We may provide you with an account and password to access all or part of the Website. You must keep your password and other account details secret and you agree that you will be solely responsible for all access and use of the Website by anyone using your account details or password, whether or not you authorised such access or use.
You must immediately notify us if you become aware of any unauthorised use of your account details or password.
The Website may contain links to other websites or files that are owned and/or operated by third parties. We do not take any responsibility in relation to such websites or files.
If you breach these Terms at any time we may suspend, limit, restrict or terminate your access to the Website.
All content included on the Website, including text, graphics, logos, images, audio and/or visual files, software and other data, is the valuable property of us and/or our content providers and may be protected by copyright.
“Kohab” and any other logos, trade names or getup used on the Website relating to us are our trade marks whether they are registered or unregistered (Our Marks). You must not use Our Marks in any way without our written consent (which may be given or withheld at our discretion). You must not act in any manner that is likely to confuse customers or in any way that may harm our reputation.
Any other trade marks appearing on the Website not belonging to us are the property of their respective owners who we may or may not be affiliated with. You do not have any rights to any such trade marks.
We reserve the right to change any pricing information contained on the Website at any time.
Disclaimer and Liability
To the maximum extent permitted by law, Kohab will not be liable or responsible for any liabilities, debts, obligations, claims, losses, expenses, causes of action, costs or damages of any kind and howsoever arising (“Losses”) resulting from or in connection with:
- the use or the inability to use the website or Service or unauthorised access to, deletion or alteration of transmissions or data or failure of the website or Service to store transmissions or data;
- the use of the Service and website by you and any activities undertaken by you with a co-buyer (including purchasing property with a co-buyer) and/or any agreements, arrangements or understanding entered into by you with a co-buyer;
- any introduction to a co-buyer or the acts or omissions of any co-buyer; and
- any information provided to you in relation to a co-buyer being false, misleading or incorrect in any respect.
Kohab does not accept responsibility for the security or content of any information that users supply through the website and will not be liable for the content of any communications or messages received by you from any other Member. Kohab's liability to you in any circumstances is limited to the amount of fees or commissions collected by Kohab from you if any. Nothing in these Terms will be interpreted as excluding the consumer guarantees under the Australian Consumer Law.
If you access the website from outside Australia, you acknowledge that we may not be able to supply our services to you. You agree to comply with any local laws in relation to the Website.
These Terms are governed by the laws in force in New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in New South Wales, and any courts competent to hear appeals from those courts, in relation to any dispute arising out of or in connection with the Website.
We may update or change these Terms at any time. If you continue to access or use the Website after we update or change these Terms, then you will be taken to have agreed to these Terms, as updated or changed.
To the extent that any part of these Terms is illegal, invalid, void, voidable or unenforceable, then it shall be severed from these Terms and the remaining Terms will continue in full force and effect.
We will not be considered to have waived a right or remedy under these Terms unless we have done so in writing. If we delay or fail to enforce a right or remedy under these Terms, then you agree that we are not prohibited from enforcing that right or remedy at a later date.
In these Terms:
- a reference to these Terms includes all parts, and includes any amendment to or replacement of them;
- a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- a reference to a party includes a reference to the party's executors, administrators, successors and assigns;
- the singular includes the plural, and vice versa; and
- "includes", "including", "for example", "such as" and similar terms are not words of limitation.