1a. Welcome to https://www.kew.ai/ (the 'Website'). The Website allows you to access and use the (the 'Services').
1b. The Website is operated by KewAI (ACN 657694696). Access to and use of the Website, or any of its associated Products or Services, is provided by KewAI. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1c. KewAI reserves the right to review and change any of the Terms by updating this page at its sole discretion. When KewAI updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2a. You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
3a. In order to access the Services, you are required to register for an account through the Website (the 'Account').
3b. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
3c. You warrant that any information you give to KewAI in the course of completing the registration process will always be accurate, correct and up to date.
3d. You may not use the Services and may not accept the Terms if:
3e. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
3f. Some accounts may be governed by a separate Software Licensing Agreement with , which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.
4a. KewAI, its related features, and website must only be used lawfully. KewAI reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the Service in violation of the Terms.
4b. You must not engage in any act that would disrupt the access, availability, and security of and other services, including but not limited to:
4c. You must not use the Service for any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
4d. You must not access or search any part of the Service, or any other Service owned by other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
4e. You must not post, upload, share, or otherwise circulate content in violation of KewAI’s content policy.
4f. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify KewAI of any unauthorised use of your password or email address or any breach of security of which you have become aware.
4g. You must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time.
4h. You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of KewAI.
4i. You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.
4j. You will not modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this the Services or Website.
KewAI takes your privacy seriously and information provided through your use of the Website and/or Services are subject to KewAI’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses KewAI’s processes, policies, and obligations in respect of security breaches.
KewAI collects, stores, and processes your data. The data is used to provide Services to you, as well as to facilitate KewAI’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by KewAI. The Privacy Policy also addresses KewAI's processes, policies, and obligations in respect of data encryption and removal requests.
7a. In order to access the services, the Receiver consents to pay for the Service using a pay-per-use model based on usage metrics and the pricing scheme specified by the KewAI. Receiver agrees to pay for the Service based on the actual usage as measured by KewAI's metrics.
7b. With prior notice to the Receiver, KewAI maintains the right to change pricing and usage metrics at any time. Acceptance of the new price and usage terms is implied by continued use of the service following such changes.
7c. You recognize and consent to your responsibility in the event that a request for payment is declined or rejected by your financial institution, or if you fail to make the payment for any other reason. In such cases, the Receiver is accountable for any associated expenses, which may include banking fees and charges and may result in the suspension or termination of access to the Service.
8a. Since KewAI is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, KewAI does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
8b. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then KewAI requires the Receiver to:
8c. If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately contact KewAI through the 'Contact Us' section of the Website outlining the refund request
8d. If the Provider agrees to a refund it is acknowledged that the Provider will instruct KewAI to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by KewAI in processing the refund.
8e. Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
9a. The Website, the Services and all of the related products of KewAI are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by KewAI or its contributors.
9b. All trademarks, service marks and trade names are owned, registered and/or licensed by KewAI, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
9c. KewAI retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
9d. You may not, without the prior written permission of KewAI and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9e. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to KewAI a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
9f. The Receiver expressly acknowledges and agrees that they shall not replicate, reproduce, copy, imitate, duplicate, reverse engineer, or create any substantially similar version of the Service, whether in part or in whole.
9g. This restriction applies to all aspects of the Service, including its design, functionality, features, and underlying technology.
9h. Any unauthorized replication or attempted replication of the Service shall be considered a material breach of this Agreement.
9i. In the event of a breach by any party, KewAI retains the prerogative to initiate legal proceedings, pursue remedies for damages, and secure injunctive relief as specified in this Agreement.
10a. KewAI takes your privacy seriously and any information provided through your use of the Website and/or the Services are subject to KewAI's Privacy Policy, which is available on the Website.
11a. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11b. Subject to this clause, and to the extent permitted by law:
11c. Use of the Website, the Services, and any of the products of KewAI (including the Delivery Services), is at your own risk. Everything on the Website, the Services, and the Products of KewAI, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of KewAI including any third party where the Delivery Services are made available to you make any express or implied representation or warranty about its Content or any products or Services (including the products or Services of KewAI) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
11d. You acknowledge that KewAI Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and KewAI holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
12a. KewAI's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12b. You expressly understand and agree that KewAI, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12c. You acknowledge and agree that KewAI holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
13a. If you want to terminate the Terms, you may do so by providing KewAI with 30 days' notice of your intention to terminate by sending notice of your intention to terminate to KewAI via the 'Contact Us' link on our homepage.
13b. KewAI may at any time, terminate the Terms with you if:
13c. Subject to local applicable laws, KewAI reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts KewAI's name or reputation or violates the rights of those of another party.
13d. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and KewAI have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14a. You agree to indemnify KewAI, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
15a. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
15b. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
15c. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
15d. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15e. Termination of Mediation: If 60 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16a. The Services offered by KewAI is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17a. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18a. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18a. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.