Terms and conditions
The “Kurious” eLearning, safety and compliance enterprise system (“the Site”) is operated by Next Knowledge Solutions Pty Ltd ABN 85 158 278 203.
In these terms and conditions, the expressions NKS, we, us and our, are a reference to Next Knowledge Solutions.
If you use this Site, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply. If you do not accept these terms and conditions, you should not use this Site. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this page. Your continued use of this Site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Intellectual property rights statement
All intellectual property rights in this Site, including design, text, graphics, video, logos, icons, sound recordings and all software relating to Kurious belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.
You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Site in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish within a frame within another site or create derivative works from any part of this Site.
You may not commercialise any information obtained from any part of this Site without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.
If you enter into a transaction for the use of digital content over this Site, you must agree to the separate terms and conditions applicable to that transaction and digital content before viewing or otherwise using the relevant digital content, including all Kurious applicable licensing restrictions and terms of use. If you do not accept such terms and conditions, you must not view or otherwise use the relevant digital content.
Linked Websites
This Site may contain links to third party websites. The links are provided for as part of the overall Kurious Enterprise Management System experience. Other links to external websites may also exist. These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Secure data
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to this Site is transmitted at your own risk. If you become aware of a security problem, please contact us immediately.
Warnings
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
We do not warrant the accuracy, adequacy or completeness of the information held on this Site. The information on this Site is not, and is not intended to be, advice. You should not act or refrain to act on the basis of any of the material on this Site without first satisfying yourself as to the truth or accuracy of all information given.
We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this Site.
You must take your own precautions to ensure that the process that you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system or device. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or device which arises in connection with your use of this Site or any linked websites.
Limitation of liability
We are not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with this agreement or your use of this Site.
If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
Indemnity
You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Site, any information that you provide to us via this Site or any damage that you may cause to this Site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and contraventions of the Competition and Consumer Act 2010 (Cth).
Access and Payment process
Access to this Site may be withdrawn at any time without notice. These terms and conditions will survive any such withdrawal.
All payments must be made 'up front'.
No refunds are permitted for unused services.
It is your responsibility to ensure all information is accurate and seek remedy where information is found to be inaccurate.
Once a transaction has been made there is no undoing or reversing it.
Governing law and jurisdiction
If a dispute arises regarding these terms of use, the laws of New South Wales, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
If you access this Site in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.