The terms of use (“TERMS”) is a legal agreement between you, either as an individual or any other legal entity, (“YOU”) and Kradle Software Pty Ltd. (“Kradle”). Your access to and use of Kradle websites (“Website”) is subject to and governed by, these TERMS. Be sure to carefully read and understand all of the rights and restrictions in these TERMS. By accessing the Website, you confirm your agreement to and acceptance of these TERMS. Kradle reserves the right to update the TERMS at any time without prior notice. You may view the current applicable version of the TERMS at any time by clicking on the “Terms of Use” link at the bottom of each Website page.
Notwithstanding anything to the contrary contained herein, certain Kradle Websites may be password protected sites and contain additional terms of use.
1. Access
Kradle reserves the right to terminate or suspend access to the Website, without notice, for any conduct that Kradle, in its sole discretion, believes is in violation of any law or is harmful to the interests of another user, a third-party provider, a service provider or Kradle. Kradle makes no representation that the information contained in the Website is appropriate or available for use throughout the world. It is the user’s responsibility to conform to all applicable local laws.
2. Copyright
Unless otherwise indicated, Kradle owns all copyrights to material on the Website and all other intellectual property rights related to the Website. When the copyright of content is owned by someone else it will be acknowledged on the Website. The material and contents are made available for non-commercial or personal use unless YOU have obtained prior written approval. Any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original.
The Website and its contents are copyright 2020. The copying, reproduction or modification of any part of the Website is prohibited. No part or any of the content may be produced on any other internet site.
3. Trademarks
Kradle and the Kradle logo are trademarks of Kradle. No content may be interpreted so as to grant to YOU, directly or indirectly, the use of a trademark belonging to Kradle or third party suppliers, without prior written permission from Kradle.
4. Information Provided to Kradle
YOU must not send any confidential or proprietary information to Kradle via the Website. Any submission by YOU to Kradle shall be deemed to be non-confidential and shall become the property of Kradle. Furthermore, by your submission YOU grant Kradle an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. Kradle shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
5. Links
Links on the Website may allow you to leave Kradle’s site. The linked sites are not under the control of Kradle and Kradle is not responsible for the contents or accuracy of any linked site or any link contained in a linked site, or any changes or updates to such sites. Kradle is not responsible for webcasting or any other form of transmission received from any linked site. Kradle is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kradle.
6. Product Availability
The availability of the products described on the Website, and the product descriptions, may vary from country to country.
7. Limitation of Liability
Kradle, its related companies, directors, employees, representatives or agents may not, under any circumstances be held liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages arising out of the use of (or the inability to use) the Website or any material on the Website. This includes, but is not limited to, the loss of data or loss of profit.
8. Assignment
The TERMS may not be assigned or transferred by YOU without the prior written consent of Kradle. Kradle may assign the TERMS to any affiliate or third party in part or in whole.
9. Governing Law
The validity, construction and performance of this Agreement will be governed by the laws of the State of Queensland, Australia.
10. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized users attempting to access these areas of the Website may be subject to prosecution.
11. Data Privacy
11.1. YOU and Kradle agree to comply in all respects with all applicable data protection laws and regulations.
11.2. YOU shall not, in connection with these TERMS, jeopardize or contravene Kradle’s liability under Data Protection Laws.
11.3. YOU shall indemnify Kradle against any and all liability, loss, damage, costs (including legal costs) and expenses which Kradle may incur or suffer whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill) as a result of any breach of Section 11.2.
11.4. When you submit personal data to Kradle on the Website or when registering for the Website, Kradle may transfer and/or retain the personal data you submitted to a different country to where you are located or from where such personal data was collected. These countries may not have the same or equivalent data privacy protections. If you do not approve of such transfer and/or retention, do not submit personal data to Kradle.
11.5. By agreeing to these terms, you are agreeing that Kradle may share your personal data and other information (with the exception of account, credit card and ordering information) with third parties where Kradle believes your business interests will be served. If you do not agree to Kradle sharing your personal data and other information, do not submit personal data to Kradle.
11.6. Please click on the “Privacy Statement” link at the bottom of each Website page for disclosures relating to the collection and use of your personal information.
12. Software License terms
Any software YOU download from the Website is governed by (i) the license terms accompanying the software or (ii) if no license terms accompany the software, the terms of your license agreement with Kradle which accompanied the original product licensed by YOU.
