Terms and Conditions

1. Acceptance of Platform Terms and Conditions

1.1 By using our Platforms, you accept the Platform’s Terms & Conditions in full.

1.2 You must not use our Platforms if you do not accept the Platform’s Terms and Conditions.

2. Acceptable Use

2.1 We grant you a non-exclusive, non-transferable, revocable, limited licence to view and use information accessible from the Platforms.

2.2 You must not:

(a) cause damage or interfere with accessibility to the Platforms;

(b) use it in connection with illegal, fraudulent or harmful purposes or activities;

(d) conduct any systematic or automated data collection activities.

3. Intellectual Property Rights

3.1 Unless otherwise indicated, IP rights in and to the Content contained across our business Platforms belongs to or are licenced to us.

3.2 You may only view and download Content on the Platforms for caching purposes and print a single copy of Content for personal, non-commercial use.

3.3 You must not use this Platforms, or any of its Content to further any of your own commercial purposes.

3.4 You must not:

(a) republish any Content from any of our Platforms;

(b) present any Content in public;

(d) edit or otherwise modify any Content on our Platforms; or

(e) redistribute any Content from our Platforms unless we expressly permitted redistribution.

4. Registration

4.1 You must become a registered user to access certain services on our Platforms.

4.2 You must:

(a) provide true and accurate information about yourself;

(b) not create accounts with false information;

(d) at your sole responsibility keep your username and password safe; and

(e) agree to be bound by such other Terms & Conditions as we may specify for registration of membership.

4.3 We may suspend or terminate your membership if at our discretion:

(a) you breach any of these Terms and Conditions; or

(b) you breach Terms & Conditions for posting or making an inappropriate comment on any of our Platforms.

5. Posting Policy

5.1 You may upload posts across our platforms subject to this clause.

Intellectual Property Rights

5.2 You grant us non-exclusive, transferable, licensable, royalty free, world-wide license to use any intellectual property in Post, including rights to:

(a) copy, reformat, edit or translate;

(b) publicly perform or present;

(d) incorporate on our Platforms any other works.

5.3 The license in relation to the material outlined 5.2 ends when you delete the Post but you understand that even if you delete the Post, we may still keep back-ups for a reasonable period of time.

Prohibited Posts

5.4 You must not upload any Post that:

(a) is unlawful or promotes illegal behaviour;

(b) is harmful, threatening, abusive or harassing;

(d) is pornographic or exploits people in a sexual manner;

(e) is defamatory or libellous;

(f) relates to gambling;

(g) relates to alcohol;

(h) promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;

(i) is false, misleading or fraudulent;

(j) consists of Malicious Computer Program;

(k) impersonates any person or entity or falsely misrepresent your affiliation with a person or entity;

(l) violates or encourages violation of these terms and conditions;

(m) infringes or violates another’s rights including copyrights or intellectual property rights;

(n) invades another’s privacy;

(o) includes photograph or image of another person or another person’s property without their consent;

(p) reveals anyone’s identification documents or sensitive financial information;

(q) is posted to disrupt the operation of the Platforms and its related services; and

(r) advertises any company or their goods or services other than us.

Your Warranty in Post

5.5 By uploading Post on to our Platforms, you warrant that:

(a) you have the right and authority to provide the Post in the manner it is posted;

(b) you own the Post and have the right to assign copyright ownership and other intellectual property to us; and

Monitoring of Platforms

5.6 We have not reviewed and cannot review all Posts and we are not responsible for liability arising out of your Post.

5.7 We may, at our sole discretion, pre-screen, reject or remove any Posts you provide for any reason.

6. Services

6.1 We reserve the right to refuse service at any time for any reason.

6.2 We cannot warrant that the quality or standard or the services or information provided will meet your expectations or that any errors in the service will be corrected.

6.3 We further reserve the right to modify or discontinue any of the services we offer at any time without notice.

6.4 We will not be held liable for any price change, modification, or discontinuance to services.

7. Personal Information

7.1 You agree to provide current, complete, and accurate information to us.

7.2 The submission of personal information through our Platforms is governed by our Privacy Policy.

8. Third Party Tools

8.1 Certain content available through our Platforms may include material from third party sources.

8.2 Third Party links that direct you to Third Party Platforms are not affiliated with us and we do not warrant that the content or information in relevant, accurate or up to date.

8.3 We are not responsible for:

(a) any offers, statements or representations that are made on behalf of a Third Party; or

(b) Malicious Computer Program from Third Party Platforms

9. Jurisdiction and Governing Law

9.1 Our Platforms are directed at individuals that reside in Australia only.

9.2 We make no representations that the content on our Platforms are applicable in other locations and jurisdictions.

9.3 Your use of this Platforms and these Terms & Conditions are governed by the law of the Australian Capital Territory.

9.4 You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Australian Capital Territory.

9.5 The Parties submit to the exclusive jurisdiction of the courts of the jurisdiction.

9.6 No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.

10. Warranties and Disclaimers

10.1 Content on our Platforms is purely informative, to the maximum extent permitted by law, we make no warranties or representations about our Platforms or its content.

10.2 We do not warrant that our Platforms will always be available for use or free from Malicious Computer Programs and users access the Platforms at their own risk.

11. Severability

11.1 If all or any part of any provision of this Agreement is invalid or unenforceable, then:

(a) that provision is severed from this Agreement to the extent necessary to remove the invalidity or illegality; and

(b) the remaining provision of this Agreement remains valid and enforceable.

12. Amendment

12.1 We may make changes to the Platforms at any time without notice.

13. Termination

13.1 Platform term & conditions terminate automatically if we cease to operate the Platforms.

14. Survival of Certain Terms

14.1 The terms of this Agreement which can have effect after this Agreement ends, continue to have full effect, including clauses in relation to:

(a) protection of intellectual property; and

(b) guarantees, warranties, indemnities, and limitation of liability.

15. Indemnity

15.1 You agree to indemnify us, and keep us indemnified against any liability (including legal fees) that arise out of:

(a) your breach of these terms & conditions; or

(b) any Claim that you have breached these term & conditions.

16. Limitation of Liability

16.1 For the purposes of this clause, a Covered Party means:

(a) us, our affiliates, and any officer, director, employee, sub-contractor, agent or successor; and

(b) each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent or successor.

16.2 To the maximum extent covered by law, a Covered Party is not liable for liability arising out of or related to:

(a) any Content that is provided to you free of charge;

(b) inaccuracy, errors of omissions with content;

(d) any delays or failure in performance; beyond the reasonable control of a covered party; and

(e) loss of data.

17. Definitions

17.1 The following words have these meanings unless the contrary intention appears:

(a) Agreement means the Platforms Terms & Conditions as amended from time to time.

(b) Claim means any claim, suit, action, demand, or right.

(c) Content means any material on the Platforms as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.

(d) Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.

(e) Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.

(f) Party means a party to this Terms and Conditions.

(g) Parties mean all parties to this Terms and Conditions.

(h) Platforms means https://rkdn.com.au/ and any other user specific web based technology, eg: Facebook, Instagram, Linked In etc.

(i) Post includes comments, images, photos, writings or any other material that you upload on our Platforms.

(j) Terms and Conditions means the Terms & Conditions set out in this document.

(k) Third Party Platform refers to any third party websites or user specific web based technology eg: Instagram, Linked In etc.

(l) We, Us or Ourselves refers to RKDN Pty Ltd ACN 639 112 968.

(m) You, Your or Yours refers to a user of our Platforms.