1. Acceptance of Terms of Use and Amendments.
The following are the general terms and conditions which govern your use of the website www.kihote.com.au. Additional terms and conditions governing your use as well as notices and disclaimers may apply to particular areas of the website or to particular features or transactions (Additional Terms). These general terms and conditions together with such Additional Terms where applicable, are referred to as the Terms of Use.
Your use of and access to www.kihote.com.au is conditional upon your acceptance of and compliance with these Terms of Use and on you complying with all applicable laws of the Commonwealth of Australia (including its states and territories).
Your use of and/or continued use of www.kihote.com.au will make these general terms and conditions into a binding contract between you and Kihote. By using areas of www.kihote.com.au where Additional Terms may be posted, you express your agreement to be bound by those Additional Terms. If you do not want to be bound by these general terms and conditions do not use www.kihote.com.au. If you do not want to be bound by any Additional Terms applicable to particular areas of www.kihote.com.au, do not use those areas.
Each time you use or cause access to this website, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through our web site is on an "AS IS" basis. You agree that the owner of this website exclusively reserves the right and may, at any time and without notice, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. Kihote shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
a.You also agree to comply with the standard data input forms on this website and not to add email addresses or web addresses in the description areas of your listings without prior consent from Kihote. You also agree that the owner of this site shall modify your listing(s) to conform to the listing standards of this website.
b.You may not send automated queries of any kind to the search engine without prior written approval from Kihote nor may you data mine this site.
3. Your Responsibilities and Registration Obligations.
When you register on our site, you agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by Kihote from time to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible for maintaining the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you. You agree to immediately notify Kihote of any unauthorised use of your registration, user account or password.
6. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that this website may expose you to Content that may be objectionable or offensive, although all attempts will be made to avoid this. Kihote shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You agree, in using this website or any service provided, that you shall not:
a.provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libellous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
b.impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
c.collect or harvest any data about other users;
d.provide or use this website and any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising;
e.provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Submission of content on this website.
By providing any content to our website:
a.you agree to grant Kihote, royalty-free, right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part for usage within this directory.
b.you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
c.you acknowledge and agree that Kihote shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you provide at any time and for any reason, with or without notice.
8. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or be held responsible in any manner for any of your dealings or interaction with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of content, your violation of this Terms of Use or any other violation of the rights of another person or party.
10. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licences or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without prior written consent from the owner of Kihote.
11. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact enquiries@kihote.com.au immediately to resolve the matter.
12. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with local laws where the office of the owner of this website is located. By registering or using this website and service you consent and submit to the laws and legislation of Australia.
13. Miscellaneous Information.
Kihote is proud to provide a very valuable service to our immediate community and international visitors by promoting and exposing the small business entities of Australia, its states, cities and towns.
www.kihote.com.au provides a lot of resources developing this site for visitors and members alike. Those few people who manipulate content, data, or improperly list their business in order to gain a competitive edge are requested to upgrade their listing and support this site. Kihote will modify listings as well as ban membership and listings from the site, when data have been modified; without adherence to these terms of use for this directory.
By entering this site you agree and accept the terms, conditions and privacy policy as outlined by Kihote.
14. Acceptable Use Policy.
Kihote provides free phone calls and free SMSs subject to an Acceptable Use Policy. This Policy may be varied at any time by Kihote without notification to users. The Policy is based on the following principles:
a.Free usage is based on a monthly allocation and can be accessed when a customer has at least 100 credits in their account. A registered customer may make up to 25 free phone calls (fixed line to fixed line), or send up to 50 free SMSs per month or a combination of the two. This allocation cannot be carried over at the end of the month.
b.At Kihote's discretion, Kihote may increase a customer's free allowance as a reward for using Kihote services.
c.Customers may send an additional 15 SMSs per month for free to which Kihote will append a short message advertising our services. Customers can choose whether or not to make use of this allowance at the time of sending. This allocation cannot be carried over at the end of the month.
d.When a customer does not add a total of 100 credits to their account over three months, either by purchasing credits or earning free credits, the free usage allocation will be removed from their account.
e.At Kihote's discretion, Kihote may remove the free usage allocation from any account.
