Kontrol4®

Terms and Conditions

Welcome to the Terms and Conditions which apply to your use of this website and by accessing this website, you agree to be bound by them. If you do not agree to be bound by these terms and conditions, you may not use or access this website and we have the right to restrict or prevent your access to the website. If there is anything you do not understand please feel free to email any enquiry to us.

This website is operated by Kontrol4® Pty Ltd

The information contained and accessed on this site (the "Site") is provided by us for general guidance and is intended to offer the user general information of interest. No products, consulting, advice or guidance is given or inferred from anything published on the site or communication channels. The information provided is not intended to replace or serve as substitute for any other professional advice, consultation or service. You should consult with a professional in the respective advisory, or other professional area to obtain such services.

As content on the Site is copyrighted and proprietary, any unauthorised use of any materials on the Site may violate copyright, trademark and other laws. Should a user download the materials on the Site for personal or non-commercial use, the user must retain all copyright, trademark or other similar notices contained in the original materials or on any copies of the material.

Materials on the Site may not be modified, reproduced, publicly displayed, performed, distributed or used for any public or commercial purposes without explicit written permission from the appropriate content or material provider (including third-party links). Kontrol4® bears no risk, responsibility or liability in the event that a user does not obtain such explicit written permission as advised by Kontrol4®.

Your obligations

You:

• agree not to use the Website and/or the Product or Services (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws.
• agree not to upload or transmit through the Website and/or the Product or Services any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
• will not upload or transmit through the Website and/or the Product or Services any material, which is false, defamatory, profane, indecent, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety or that may infringe the rights of others, including the intellectual property rights, confidentiality or privacy of others;
• will not use the Website and/or the Product or Services in a way that may cause the Website and/or the Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website and/or the Services is in any way impaired;
• will not use the Website and/or the Product or Services in any manner, which is not in accordance with these Conditions;
• will not attempt any unauthorised access to any part or component of the Website and/or the Product or Services;
• agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website and/or the Product or Services, then you may pursue such right, claim or action independently of, and without recourse to us.
• agree to be bound by the terms and conditions of our 3rd party data providers and partners, and that the third party data providers and partners shall be entitled to enforce these terms against you directly in relation to data which they provide.

Indemnity

You agree to indemnify us, or any subsidiary or holding company as defined in the Corporations Act 2001 and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Conditions by you. You shall not enter into any settlement or compromise of any such claim or action without our prior written consent. We may, at our sole discretion, assume and control the defence of such claim or action.

Our rights

We reserve the right to:

• Admit and Deny users and Partners at our complete discretion
• change these Conditions from time to time. Any such changes will be displayed on the Website. You will be notified of any material changes. Your continued use of the Website (or any part thereof) after 30 days following notification of such changes shall be deemed to be your acceptance of such changes. If you do not accept such changes, you shall be entitled to terminate the agreement with us.
• We will use our reasonable endeavours to maintain the Website and to provide the Product or Services. The Website and/or the Product or Services are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website and/or the Product or Services or because of a failure, suspension or withdrawal of all or part of the Website and/or the Services due to circumstances beyond our control.

Third party links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, product or services available on such external sites or resources.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website and/or the Product or Services. We may investigate any reported violation of these Conditions or complaints and take any action that we deem reasonable and appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials on the Website and/or the Product or Services).

Your data

We respect your Personal Information and aim to comply with applicable Data Protection legislation from time to time in place.

You should be aware that:

• if we are requested by any regulatory or governmental authority, or upon receipt of a court order, or (in our view, exercised reasonably but at our discretion) legitimate request by a third party in investigating illegal activities to provide information concerning your activities whilst using Website and/or the Product or Services we shall do so. Similarly, we will disclose your personal data if we are compelled to do so by law. We reserve the right to notify or provide such information to the relevant authority or party if, in our sole opinion, we believe an emergency, illegal activity or some other reasonable basis exists for us doing so;
• if you agree, we may pass your Personal Information or details of your use of the Website and/or the Product or Services to other companies in our corporate group and selected third parties for analysis and/or to enable them to contact you about products or services which may be of interest to you. Note: You may contact us if you would prefer your data to remain confidential.
• we reserve the right to store and use your personal data solely for our own internal purposes and we further reserve the right to access, monitor and retrieve password-protected information and to change or alter incorrect or incomplete data in order to fulfil our obligations in these terms and conditions.

Please view our Privacy Policy, on our website, which forms part of these Conditions. We will comply with our Privacy Policy.

Back-up of content

You shall be responsible for keeping your own copies of all content used by you (if any) in connection with the Website or the Product or Services. We will not be responsible for any file recovery or for files lost by you or us.

Dealings with partners

Your correspondence with, or participation in promotions of partners found on the Website or the Product or Services, including payment for and delivery of related products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such partner. You agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of or content supplied by such partners on the Website or the Product or Services.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website and/or the Product or Services shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors or us.

You acknowledge and agree that the material and content contained within the Website and/or the Product or Services is made available for your use only and that you may download such material and content onto only your web-browser. You agree not to resell any material or content downloaded from the Website to any third party. Any other use of the material and content of the Website and/or the Services is strictly prohibited.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, scan, publish, display, distribute, archive, commercially exploit or create derivative works (either by electronic means or otherwise), of material or content of the Website and/or Product or Services.

By way of example only, you may not copy, cut, paste, scan, place or store in a library or on a database, intranet, server or equivalent service, or distribute (whether by electronic means or in any other way howsoever) any material from the website.

Your Rights and Controlling Your Personal Information

Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.

Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.

Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have made a request to have your personal information deleted from our product or services.

How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with the privacy policy.

However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

Notices

You may send us notices under or in connection with these Conditions:

• by post to PO Box 11005, Frankston, Victoria, Australia, 3199
• email to contact@upviseaustralia.com.au

As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 30 working days of our receipt and should be retained by you.

Limitation of liability

WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE AND/OR THE PRODUCTS or SERVICES, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.

The Website and the Products or Services are provided on an "as is" and "as available" basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website and/or the Products or Services, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website and/or the Products or Services will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and/or the Products or Services.

Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under Australian law or mandatory legal requirements under any other applicable law.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and/or the Product or Services and any information provided to or taken from the Website and/or the Product or Services by you.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect or consequential losses;

in any case which is suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions, whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the losses occurred.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any other liability which may not be limited or excluded under applicable law.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of Victoria, Australia whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Definitions

"Agreement" a written agreement with a Corporate Subscriber for the supply of Subscription Services;

"Conditions" means these terms and conditions;

"Corporate Subscriber" means a corporate entity which has entered into an agreement with us for the supply of Subscription Services and/or which pays your Subscription Fees on your behalf;

"Free Services" means the services available for free on the Website if you register with us;

"Personal Information" means any personal details provided by you via the Website, or otherwise;

"Product" shall mean the Products, as the context requires;

"Services" shall mean the Free Services and/or the Subscription Services and/or Publications, as the context requires;

"Subscription Fees" means the fees payable by you, or on your behalf, if you subscribe to the Subscription Services;

"Registered Employee" means an employee of a Corporate Subscriber entitled to the Services under an Agreement;

"Subscription Period" means the period for which you agree to receive the Subscription Services;

"Subscription Services" means the on-line information and other services provided solely to registered users who pay the Subscription Fees (or have the Subscription Fees paid on their behalf);

"User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires;

"We/us/our" means Kontrol4® Pty Ltd of PO Box 11005, Frankston, Victoria, 3199;

"Website" means the website, sub-sites and associated websites as well as communication channels located at, associated with or linked from Kontrol4.com or any subsequent URL which may replace it from time to time;

"You/your" means you as a user of the Website and/or a Corporate Subscriber and/or a Registered Employee.

Last updated 1 October 2023