Terms of Service

This Website for “Kind Medical” is operated by Altum Oceania Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Altum Oceania Pty Ltd.

By visiting the Website, you engage in our “Services” and agree to be bound by the following terms and conditions (our “Terms of Service”). These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants or contributors of content.

Please read these Terms of Service carefully before using our Website. If you do not agree to the Terms of Service, you may not continue to access the Website or use any of the Services.

Any new features or tools that are added to the current Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our Website.

Section 1 – Website Terms

By agreeing to these Terms of Service, you represent that you are at least of the age of majority in your place of residence. If you are not the age of majority in your place of residence, you may not continue to access the Website or use any of the Services.

You may not use our Services or products for any illegal purpose or in violation of any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

Section 2 – General Conditions

We reserve the right to refuse our Services to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services.

Section 3 – Accuracy, Completeness and Timeliness of Information

All information presented throughout this Website is provided and accessible by you  “as is.”  Any reliance on the material on this Website is at your own risk.

We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on the Website.

Section 4 – Modifications to Services

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice.

We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Section 5 – Products

Our products are not available for purchase on this Website and may only be obtained from your qualified medical practitioner. 

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the Services relating to any product at any time. 

We do not warrant that the quality of any products, services, information or other material obtained by you will meet your expectations.

Section 6 – Optional Tools

We may provide you with access to third-party tools which we do not monitor, control or provide input into. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or representations of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

Section 7 – Third-Party Links

Certain content, products, and services available via our Website may include materials from third parties. Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and do not have any liability or responsibility for any third-party materials or Websites or for any other materials, products or services of third parties. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the third party.

Section 8 – User Comments, Feedback and Other Submissions

If you send to us creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, misleading, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Section 9 – Personal Information

Your submission of personal information through the Website is governed by our Privacy Policy.

You are responsible for keeping your personal information, including any usernames and passwords, protected and to protect against un use of your account. You are responsible for ensuring that all persons who access the Website through your account are aware of these Terms of Service and comply with them. If you choose or are provided with a username, password or any other piece of information as part of our Services, you must treat such information as confidential and you must not disclose it to any other person or entity.

Section 10 – Errors, Inaccuracies and Omissions

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions. We reserve the right at any time without prior notice to correct any errors, inaccuracies or omissions, and to change or update information if any information on our Website is inaccurate.

Section 11 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services are  provided ‘as is’ and ‘as available’ for your use, and, to the greatest extent permitted by law, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions.

To the greatest extent permitted by law, Altum Oceania Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees shall not be liable for (a) any injury, loss, claim or (b) any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, and, in either case, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Services or any product, even if advised of their possibility.

Section 12 – Indemnification

You agree to indemnify, defend, and hold harmless Altum Oceania Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 13 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the greatest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 14 – Termination

These Terms of Service are effective unless and until terminated by us or 12 months after you cease to access the Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and deny you access to our Services.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

Section 15 – Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies posted by us on this Website constitute the entire agreement and understanding between you and us regarding the use of the Services and supersede any prior agreement between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 16 – Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Western Australia, Australia and you irrevocably consent to the exclusive jurisdiction of the courts of Western Australia, Australia.

Section 17 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 18 – Contact Information

Questions about the Terms of Service should be sent to us at hi@kind.com.au.