Kohab Terms & Conditions

Kohab Terms of Use



Introduction

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, together with our privacy policy and any additional terms, conditions, policies, notices and disclaimers displayed elsewhere on the Website as amended from time to time govern your use of the Website (Terms). Your access and use of the Website in any way constitutes 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 and with the consent of a parent or guardian, who agrees to these Terms.

Access

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 for your personal and non-commercial use. You must not access or use the Website for any commercial purpose without our prior consent.

You must not:

  1. copy, publish, sell, lease, license, communicate, modify, create derivative works from, translate, disassemble, reverse-engineer, decompile or otherwise exploit any part of the Website;
  2. commercialise or exploit for a profit, any information provided on the Website;
  3. make any use of the Website for the benefit of another business;
  4. use or attempt to use any information provided on the Website to create any website or publication or searchable database;
  5. transfer or sell any information, functionality or products or services offered on the Website;
  6. use the Website or undertake any other action which is in violation of these Terms or in breach of any applicable laws or regulations,

unless we have given our express written authority for you to do so.

If we consider, in our absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms or in a manner contrary to our interests and reserve our rights to take any action we deem necessary or desirable to prevent such repeated action and/or future access to the Website.

We may allow you to upload, transmit 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:

  1. acknowledge and agree that it is and will be treated as non-confidential;
  2. grant us the royalty-free, worldwide, perpetual, irrevocable and transferable licence 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;
  3. warrant that you have the right to grant the above mentioned licence;
  4. warrant that the User Material does not breach the Terms; and
  5. unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the User Material.

You must not upload or publish any User Material that, in our reasonable opinion:

  1. is offensive, discriminatory, threatening, vulgar or pornographic;
  2. violates or infringes any intellectual property rights (in any form) of any person;
  3. includes any viruses or other harmful code;
  4. includes an image or personal information of another person or persons unless you have their consent;
  5. poses or creates a privacy or security risk to any person;
  6. is or is suspected to be false, misleading or deceptive; or
  7. advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us).

We may remove, review, modify or reject (with or without notice and at our sole discretion) any User Material that is referred to above.

We are not responsible for, and accept no liability with respect to, any material including but not limited to text, illustrations, photos, audio, video or any combination of these (Material) uploaded, transmitted or published on the Website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, transmitted or published Material on the Website simply by facilitating others to upload, transmit or publish Material. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

We may provide you with an account and password as a member of the Kohab community to access all or part of the Website. When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. You must keep your password and other account details secret and you agree that you will be solely responsible for all activities by anyone using your account details or password (including unauthorised use of your credit card), 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. You must not impersonate or create a membership for any person other than yourself. We may at any time request a form of identification to verify your identity.

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the Website, including if we believe you are abusing the services in any way, have breached the Terms or are no longer an active member.

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, which do not form part of the Website and are not under our control. If you link to any such websites or files, you leave the Website entirely at your own risk.

The Website may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the Website, including via e-mail or the document sharing features of the Website, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

If you breach these Terms at any time we may suspend, limit, restrict or terminate your access to the Website at our discretion.

Intellectual Property

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 is protected by copyright, trade mark and other laws.

“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 express written consent (which may be given or withheld at our discretion). In particular, you must not act in any manner that is likely to confuse customers or third parties, or in any way that may harm our reputation, or use Our Marks to establish, maintain or provide or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution.

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 without the express written consent of the relevant owner.

Privacy Policy

Our privacy policy applies in relation to your access and use of the Website.

Service Pricing

We reserve the right to change or add any pricing information contained on the Website at any time without providing notice to you.

Disclaimer and Liability

You use the Website at your sole risk. To the extent permitted by law, we exclude all conditions and warranties of any kind, express or implied, relating to your use of the Website that are not expressly set out in the Terms.

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:

  1. the use or the inability to use the Website or unauthorised access to, deletion or alteration of transmissions or data or failure of the Website to store transmissions or data;
  2. the use of the Website by you and any activities undertaken by you with another user (including purchasing property with a co-buyer) and/or any agreements, arrangements or understanding entered into by you with a user;
  3. any introduction to a co-buyer, agent, developer or other person or the acts or omissions of any co-buyer, agent, developer or other person; and
  4. any information provided to you in relation to any person or property being false, misleading or incorrect in any respect.

To the extent permitted by law, 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 user of the Website. 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.

Except where expressly stated otherwise, Material on the Website is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on the Website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

You agree to fully indemnify and hold us harmless against any Losses (including consequential loss) that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website, including any breach by you of the Terms.

International Access

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 your use of the Website.

These Terms are governed by and shall be constructed in accordance with 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 matter or dispute arising out of or in connection with the Website.

General

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. If you object to any update or change of these Terms, your only remedy is to immediately discontinue your use of the Website.

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:

  1. a reference to these Terms includes all parts, and includes any amendment to or replacement of them;
  2. 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;
  3. a reference to a party includes a reference to the party's executors, administrators, successors and assigns;
  4. the singular includes the plural, and vice versa; and
  5. "includes", "including", "for example", "such as" and similar terms are not words of limitation.