terms Of Service

1.   Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and KiriHQ, located at 2194 Princes Highway, Rosedale 3847, Victoria, Australia (we, us), concerning your access to and use of the kirialign.com and its associate website as well as any related applications (the Site).  

The website provides the following services: Safety and compliance management platform (software Services). You agree that by accessing the Site and/or Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions.  
We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

Acceptable use

  • You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
  • As a user of this Site, you agree not to falsely imply a relationship with us or another company with whom you do not have a relationship  

Information you provide to us

You represent and warrant that:

  • All registration information you submit  is true, accurate, current, and complete and relate to you and not a third party
  • You will maintain the accuracy of such information and promptly update such information as necessary
  • You will keep your password confidential and will be responsible for all use of your password and account
  • You have the legal capacity and you agree to comply with these Terms and Conditions
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at enquiries@kendrahq.com.

The content you provide to us  

There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.  

You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you. We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.

Our content    

Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.   

Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.  

Link to third-party content   

The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

Site Management 

We reserve the right at our sole discretion, to

  • Monitor the Site for breaches of these Terms and Conditions
  • Take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions
  • Refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your contributions
  • Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems
  • Manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services

Modifications to and availability of the Site     

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    

We cannot guarantee the Site and Services will be available at all times. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.

Limitation of Liability     

The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. 

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any 

  • Errors or omissions in the content
  • Unlawful access or hacking into your account 
  • Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server
  • Any interruption of transmission to or from the site or services
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party or any unforeseen reason. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

Our responsibility for loss or damage suffered by you: 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  

Term and Termination 

These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at enquiries@kendrahq.com.  

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Web and Mobile Application

Our website based software platform and mobile software application permit users to share links to software application and files with the organisation’s internal or external users. In case of breach of any such information:

  • Internal Breach: In the case of an internal data breach, the organisation is responsible for any legal consequences. KiriHQ won’t be liable for the same.
  • External Breach: In the case of an external data breach, the individual sharing the links will be solely responsible for any legal consequences. KiriHQ or the organisation the individual belongs to won’t be liable breach, loss or damage of any information contained in the files.

If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license. 

General

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.   

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.   

We may assign any or all of our rights and obligations to others at any time.   

We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.        

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at enquiries@kendrahq.com.