Terms of Service

These Terms of Service (“Agreement”) cover your use of and access to the applications, tools, services, and features (collectively, the “Services”) provided by [Jack Dow, sole trader, ABN:[68 761 906 569] trading as TKIT], on the associated domains of tkit.app, TKIT website and mobile applications.

When you use any TKIT products or services, you are agreeing to this Agreement. Violation of these terms may, at our discretion, result in us terminating your account.

We may update these Terms of Service at any time. If we make significant changes, we will refresh the date at the top of this page and notify users who have signed up to our policy updates mailing list.

1. Definitions

Account means the user profile that an individual or organisation creates to access and use the services.

Confidential Information of a party means any information regarding that party’s business or affairs or that party’s customers, employees, or other people doing business with that party which is:

• by its nature confidential;
• designated as confidential by that party at the time of disclosure; or
• which the other party knows or ought to know is confidential.

Confidential information does not include information, documents or materials that are common property, are required to be disclosed by law or are available in the public domain in Australia otherwise than by a breach of these Terms and Conditions.

Your Customers means individuals who are the customers of each User, who directly use the applications features and functionalities.

Fees means the fees for the Services as specified on our website plus any administration, transaction credit card fees, late payment and collection fees.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999(Cth).

Intellectual Property Rights includes all worldwide registered and unregistered copyrights, trademarks, designs, patents, calculations, inventions, drawings, brands, logos, circuit layout rights, software, concepts, plans, catch phrases and other similar industrial property rights and rights to registration of such rights.

Privacy Policy means the TKIT Privacy Policy posted on our website.

Services means access to the sites, templates, products, applications, tools, services, and features provided to the User. All Services are supplied on the basis of this Agreement to the exclusion of any other representation, expressed or implied, oral or in writing.

TKIT means [Jack Dow, sole trader, ABN:[68 761 906 569] trading as TKIT],

User means any individual or entity that is a registered user, who create an Account to access, use, or interact with the Services.

User Content means any content that users submit, upload, or share on the website. This can include but is not limited to: (a) Text: Comments, reviews, posts, or articles. (b) Images: Photos, illustrations, or graphics. (c) Videos: Clips or streams created by users. (d) Data: Any other information users provide

We or Our as the same meaning as TKIT.

You means the person agreeing to these Terms and Conditions.

2. Creating an Account

2.1 Sign Up. To use TKIT Services, you must first create an Account. You are responsible for ensuring your Account information is accurate. You agree to provide complete and accurate information, including your personal details to enable delivery of the Services.

2.2 Safe Use. You are responsible for ensuring your Account access is safe. Ensure others do not have access to your Account or passwords and authentication credentials. You are responsible for any activity on your Account and for maintaining the confidentiality and security.

2.3 Liability. TKIT is not liable for any acts or omissions by you or anyone else in connection with your Account. You must immediately notify us if you know or have any reason to suspect that your Account or passwords have been compromised or subject to unauthorized use.

3. Acceptable Use Policy

3.1 As a TKIT user and/or Account holder you agree not to misuse the Services or help anyone else do so. Below are some guidelines for what you should not do with the Services.

3.2 The following acts are prohibited:

• probe, scan, or test the vulnerability of any system or network.
• breach or otherwise bypass any security or authentication measures.
• tamper with or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to access.
• take apart, decompile, or reverse engineer any part of the Services in an effort to access things such as source code or algorithms.
• provide your password to any other person, use any other person’s username and password, or otherwise manage the Services through shared credentials.
• bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological or other measure (including watermarks) used by TKIT or any other party (including another user) intended to protect the Services.
• remove any copyright or other proprietary notices from the Services.

3.3 Spamming And Phishing. Our Services must not be used to send spam, emails to people who have not explicitly consented, or other unsolicited communications, promotions, or advertisements. We reserve the right to determine what constitutes spam.

3.4 Deceiving And Impersonating Others. Do not do anything that is false, fraudulent, inaccurate, or deceiving. Including, impersonating an individual, entity, or engaging in misleading or unethical marketing or advertising.

3.5 Illegal Conduct. Do not violate any laws through the Services, including without limitation all local laws regarding online conduct and acceptable content.

3.6 Termination of Account. If we conclude, at our sole discretion, that you have misused the Services, we may take action against your Account. We reserve the right to terminate your Account, without any refund of any amounts paid for the Services, without liability or notice to you, at any time and for any reason. We reserve the right to enforce, or not enforce, this entire clause 3.0, Acceptable Use Policy, in our sole discretion.

4. Third Party Services

4.1 Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We do not control and are not liable for those sites and what those third parties do.

5. Our Rights

5.1 To ensure effective operation, and protect the security and integrity of TKIT, we maintain control over our services.

5.2 We reserve the following rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law):

• we may change parts or all of the Services and their functionality;
• we may suspend or discontinue parts or all of the Services;
• we may terminate, suspend, restrict, or disable your access to or use of parts or all of the Services; and
• we may terminate, suspend, restrict, or disable access to your Account.

5.3 Account Disputes. Sometimes ownership of an Account is disputed between parties. We reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account ownership and to transfer an Account or site to such owner. We may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner. Our decision in that respect is final. If we cannot reasonably determine the rightful owner, we reserve the right to suspend an Account until the disputing parties reach a resolution.

6. Privacy

6.1 The User hereby authorises TKIT to collect, retain, record, use and disclose commercial and/or consumer information about the User, in accordance with the Privacy Act 1988 and subsequent amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by TKIT, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.

6.2 TKIT may give information about the User to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the User’s credit file. This information may be given before, during or after the provision of credit to the User and will be in accordance with the Privacy Act 1988 and subsequent amendments.

6.3 The Privacy Policy of TKIT is a separate document that outlines further how we collect, use, and protect your personal information. By using our Services, you acknowledge that you have read and understood our Privacy Policy, which is available on our website.

7. Fees

7.1 Fees. The Fee is payable monthly in advance.

7.2 Additional Fees. Transaction fees and additional fees may also apply to certain portions of the Services, and we will tell you about those fees before charging you.

7.3 GST. All Fees are inclusive of GST where applicable.

7.4 Currency. All Fees are in Australian dollars.

7.5 Automatic Subscription Renewals. To ensure uninterrupted service, we will automatically bill you for certain Services from the date you submit your initial payment and, on each month, thereafter until cancellation. We will automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. You can disable auto-renewal at any time via the Services or your mobile app.

7.6 Payment Required. No part of the Services will be supplied to you until TKIT has received the agreed fee. In paying or attempting to pay for the Services, you agree that you have not engaged in any fraudulent conduct or contravened any law.

7.7 Suspension or Termination. We reserve the right to suspend or cancel your access to the Services for failure to make payment. We may suspend or terminate your access to the Services at any time if there are outstanding Fees owing to us.

7.8 Refunds. While you may cancel any Services at any time, TKIT will not provide refunds, discounts, or credits, except in our sole discretion, or if legally required.

7.9 Fee Changes. TKIT reserves the right to change the Fees without notice to you. The monthly subscription fee displayed at the time you completed the subscription will continue to apply for that Term even if the Fee relevant for your Service changes after your payment was submitted.

7.10 Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us, we may automatically terminate your Account.

7.11 In the event that we, in conjunction with our direct debit service provider, are not able to successfully debit your nominated bank account the following Fees will be owing to us:

• a late payment fee of $10.00 will become immediately due and payable.
• if, after attempting to process the direct debit again, or attempting to make contact with you to recover outstanding Fees, payment of the Fees has still not been made, you will be given 30 days written notice from us to attend to payment of the outstanding Fees and any late payment fee;
• should you fail to make payment within the 30 days set out in any notice sent to you by TKIT, we will add a collection fee of $165.00 to your account, your agreement with us will be terminated and we will take steps to collect from you all outstanding Fees plus the balance of Fees payable by you for the remainder of the Term; and
• if we incur expenses in enforcing our rights under this Agreement, those costs will also be payable by you (including legal costs on a full indemnity basis).

7.12 Our Payment Processor. We use a third-party payment processor to bill you through a payment account linked to your Account. Our current payment processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. The processing of payments will be subject to the terms, conditions, and privacy policies of Stripe, in addition to this Agreement. You agree to make payment using the payment method you provide with your Account.

8. Term and Termination

8.1 Either of us can end this agreement at any time.

8.2 You may terminate under these Terms at any time. We reserve the right to change, suspend or discontinue, or terminate, restrict, or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. All sections of these Terms that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of these Terms: Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.

9. Warranty Disclaimers

9.1 Disclaimers. To the fullest extent permitted by applicable law, TKIT makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available.” TKIT also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. TKIT makes no warranty or representation that the Services will: (a) be timely, uninterrupted, or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.

9.2 TKIT does not provide any warranties or guarantees as to the accuracy, completeness, or suitability of the Services for any particular purpose, nor does TKIT provide any warranties or guarantees as to the results which may be achieved through the provision of the Services.

9.3 All terms, conditions, warranties, undertakings, inducements, or representations whether expressed, implied, statutory, or otherwise relating in any way to the Services supplied to you which are not expressly stated in this Agreement are expressly excluded.

9.4 Statutory Exceptions. Nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.

10. Limitation of Liability

10.1 TKIT will not be liable to you for any breach of this Agreement and TKIT will be under no liability to you in respect of any loss or damage (including any consequential loss or damage) howsoever caused which may be suffered or incurred or which may arise directly or indirectly in respect of the Services supplied to you.

10.2 TKIT’s Liability Limitation. You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will TKIT and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for:

• any indirect, special, incidental, exemplary, punitive, or consequential damages;
• any loss for a delay or failure to process, fulfil or deliver the Services due to inaccurate or incomplete personal details;
• any loss of profits, revenue, data, goodwill, or other intangible losses; or
• any losses related to your access to, use of or inability to access or use parts, some or all of your Account.

10.3 These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not TKIT has been informed of the possibility of such damage, and even if a remedy set forth in these Terms is found to have failed its essential purpose.

10.4 To the fullest extent permitted by applicable law, in no event shall the aggregate liability of TKIT for all claims arising out of or related to the Services and these Terms exceed the fees paid for the Services. Any limitations on liability will survive termination of the Services.

11. Indemnification

11.1 You hereby indemnify TKIT against all claims, demands, remedies, suits, injury, damages, loss, costs, liabilities, actions, proceeding or right of action (including legal costs on an indemnity basis) arising from (but not limited to) your use of the Services (including negligence) which results in loss, injury or damage (including death) to any property or person.

11.2 To the fullest extent permitted by law, you agree to indemnify and hold harmless TKIT and its directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) arising out of or related to:

• your breach of this Agreement;
• any claims by, on behalf of or against your Customers; and
• your violation of any law or regulation or the rights or good name of any third party.

12. Dispute Resolution

12.1 This section sets forth the ways in which you and TKIT agree to resolve disputes. Before filing a claim against TKIT, you agree to try to work it out informally first.

12.2 Informal Resolution. Before filing a claim against TKIT, you agree to try to resolve the dispute by first emailing [email protected] with a description of your claim and proof of your relationship with TKIT. We will try to resolve the dispute by following up via email, phone, or other methods. If we cannot resolve the dispute within ninety (90) days of our receipt of your first email, you or TKIT may then bring a formal proceeding.

12.3 Mediation. If we cannot resolve the dispute informally, all formal disputes must be resolved through mediation by a mutually agreed upon mediator.

12.4 Governing Law. This Agreement is governed by the laws of Queensland, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.

13. Additional Terms

13.1 Entire Agreement. This Agreement constitutes the entire agreement between you and TKIT regarding the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty, or representation except those expressly set out in this Agreement. This Agreement prevails over any purported conditions of purchase as notified by you.

13.2 Third Party Rights. This Agreement creates no third-party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement.

13.3 No Waiver. A failure or delay by TKIT to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by TKIT does not preclude its future exercise or the exercise of any power or right.

13.4 Severability. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

13.5 No Assignment. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect.

13.6 TKIT Right to Assign. We may delegate, transfer, or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services.

13.7 Modifications. TKIT reserves the right at all times to make changes to this Agreement. Any variations to these Terms of Service will take effect from posting on the application and website. You agree to be bound by the modified Agreement and price changes if you continue to use or access the Services after any modifications come into effect. If you disagree with our changes, then you must stop using the Services and cancel all paid Services.

13.8 Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event, or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, pandemic, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.