We take every effort to make sure our services are useful, informative, helpful, and honest. We hope to have accomplished that and if there are changes or improvements you’d like to see that can help you find the information you need, let us know.
We ask that you agree to abide by the following Terms and Conditions. Kindly take a moment to review them because using our site means you automatically agree to them. If you don’t agree, please do not use the site. We reserve the right to make changes that we deem necessary at any time. You can check these terms from time to time to see what those changes maybe. Your continued use of the Kaivama’s website means that you agree with those changes.
Restrictions on Use of Our Online Materials
All online materials on Kaivama’s site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property.
All usage rights are owned and controlled by Kaivama. As a visitor, you may download online materials for non-commercial, personal use provided that you:
1) Retain all copyright, trademark and propriety notices
2) Make no modifications to the materials
3) Do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and
4) Do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.
You may not copy, reproduce, republish, upload, post, transmit or distribute our online materials in any way or for any other purpose unless you get written permission from Kaivama. You also cannot add, delete, distort or misrepresent any content from Kaivama’s site. Any attempt to modify our online material, or to defeat or circumvent our security features is prohibited.
Everything you download including software, files, images incorporated in or generated by the software, and data accompanying it, is considered licensed to you by Kaivama or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete rights to the software and to all of the associated intellectual-property rights. You cannot redistribute or sell the material or to reverse-engineer, disassemble or convert it to any other form that people can use.
Submitting Your Online Material to Us
You cannot sue us for using ideas you submit. Should we use them or anything like them, we are under no obligation to pay you or anyone else for them. We will have exclusive ownership of all present and future rights to your submissions of any kind. We reserve the right to use them for any purpose deemed appropriate to our Kaivama mission, without paying you or anyone else for them.
You acknowledge that you are responsible for the submissions that you make. This means that you (and not we) have full liability for the message, including its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
- Will not be liable for damages or injury that accompany or result in the use of any of its site. This includes, but is not limited to damages or injury caused by any of the following:
- Use of or inability to use the site
- Use of or inability to use any site to which you hyperlink from our site
- Failure of our of our site to perform in the manner you expected or desire
- Error on our site
- Omission on our site
- Interruption of availability of our site
- Defect on our site
- Delay in operation or transmission of our site
- Computer virus or line failure
- Also, please note that we will not be liable for any damages including:
- Damages intended to compensate someone directly for the loss or injury
- Damages reasonable expected to result from a loss or injury (also known as “consequential damages” in legal terms)
- Other miscellaneous damages and expenses resulting directly from a loss or injury (also known as “incidental damages” in legal terms)
- We are not liable for negligence or if our authorised representative was advised of the possibility of such damages.
- Exception: There are some state laws that does not allow us to limit or exclude liability for these “incidental” or consequential” damages. If you live in any of these states, the limitation discussed above does not apply which means that you have the right to recover these types of damages. However, our liability for all losses, damages, injuries, and claims of any and every kind (whether its claimed under the terms of a contact, or claimed caused by negligence, or other wrongful conduct, or claimed under any other legal theory) cannot be greater than the amount that you have paid if anything to access our site.
Links to Other Site
Sometimes, we provide referrals and links to other World Wide Web sites from our site. The link should not be seen as an endorsement, approval or agreement with any information or resources offered at these sites that you can access through our site. You can view the Uniform Source Locator (URL) address to check whether you are still in a Kaivama-operated site or you have moved to another site.
Kaivama will not be responsible for content or practices exercised by third-party sites that are linked to our site. When we provide links or references to other websites, no inference or assumption should be made. No representation should be inferred that Kaivama is connected with, operates or controls these websites.
Any approved link does not represent in any way, either explicitly or by implication that you have received endorsement, sponsorship, or support from any Kaivama site or from Kaivama including its employees, agents, or directors.
Jurisdiction and Other Points to Consider
If you use our site from locations outside the United Kingdom, Australia, Canada, and United States, you are liable for complying with any applicable local laws.
These terms and conditions shall be governed by, construed and enforced in accordance with the laws of the city of Sydney, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. Should you in any manner violate or threaten to violate Kaivama and/or its affiliates’ intellectual property rights, Kaivama and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in Sydney, and you consent to exclusive jurisdiction and venue in such courts.
Disputes will be resolved as follows:
If a dispute results under this agreement, we agree to first attempt to resolve it together with a mutually agreed-upon mediator in the Sydney. Costs and fees other than attorney fees associated with the mediation process will be shouldered equally by each of us. If a satisfactory solution is not met through mediation, we agree to escalate the dispute to binding arbitration at the following location: Sydney, under the rules of The Institute of Arbitrators & Mediators Australia. Judgement upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.