Terms of Use

Welcome to Kyco. These Terms of Use apply to your access to and use of this http://52.64.243.165/ website and, if you are a Kyco Member, the https://my.kyco.com.au website (Websites) and our products, services and applications (Services). In these Terms of Use, “Kyco”, “we”, “us” and “our” means Kyco (Aust) Pty Ltd ACN 626 905 413.

Acceptance of these Terms of Use and updates

By accessing and using the Websites and our other Services, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, you must not access the Websites or any of our other Services.

We reserve the right to update or amend these Terms of Use at any time. If we do, we will bring the update to your attention by placing a notice on the Websites, and/or by sending you an email if you have provided us with your email address.

If you don’t agree with the amended Terms of Use, you are free to reject them; however, that means you will no longer be able to access or use any of the Services. If you access and use the Websites and our other Services in any way after a change to the Terms of Use is effective, that means you agree to all of the changes.

Your use of the Services

You agree to only use the Services in accordance with these Terms of Use and applicable laws. You may be held personally liable for any unlawful use of the Services by you.

Our Services are offered only to persons residing, or businesses or entities operating, in Australia (even if you can access information about them via the Websites).

You must not, and must not permit any third party to, access, use or otherwise interact with the Services to, or in a manner that will:

  • infringe the intellectual property rights or any other rights of Kyco or any other person;
  • apply any process (including data scraping, crawling, bots, spiders or similar) that accesses, processes, copies, replicates, publishes, analyses, modifies or reconfigures any page, data or part of the Websites, the Services or the Content (see below);
  • decompile, disassemble, reverse engineer or otherwise attempt to obtain any source code or processes of or relating to the Websites or any other Services;
  • disrupt or interfere with the operation of the Websites or any Services, or place an unreasonable load on the hardware or other infrastructure of or used to provide the Websites;
  • introduce into or transmit any virus, worm or other harmful code via the Websites or any computer network; or
  • breach any law, or publish or disseminate any unlawful, defamatory, indecent, offensive or otherwise inappropriate material or use the Services to defame, harass, threaten or offend any other person.

Websites and other Services availability

We use reasonable efforts to make sure that you can access and use the Websites and other Services at all times.

Despite our efforts, the Websites and/or our other Services may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to them. We will not be responsible to you or anyone else if these things occur. Your use of the Services is at your own risk, and the Services are provided to you “as is” and “as available”.

Websites and other Services content

We use reasonable endeavours to ensure that the information we make available on the Websites and in providing our Services is accurate and up-to-date. However, we cannot guarantee the accuracy, currency or completeness of the information provided, particularly where that information is provided by third parties, and we accept no responsibility for errors in the content at any time. In particular, we do not guarantee that materials accessible on or through the Websites will be free from errors, viruses, worms or other harmful code.

We reserve the right to alter, suspend or discontinue any aspect of the Websites including your access to it.

Become a Kyco Member

If you wish to have access to and potentially acquire the products and services that Kyco offers through the businesses that it partners with, you will be required to sign up for an account. You will then be a “Kyco Member”, and have access to the “Member Portal” through the website https://my.kyco.com.au, and certain additional terms apply to your membership.

Account creation

In order to become a Kyco Member, you must create an account through http://52.64.243.165/. To do that, you must select a user name and password. You agree to provide us with accurate, complete and up to date information about yourself when creating your account.

You represent and warrant that you are at least 18 years old and that you are legally capable of entering into a binding contract – if you are not, then you must obtain the consent of your parent or legal guardian and they must agree to these Terms of Service on your behalf.

If you are accessing the Services on behalf of a business or entity then you represent and warrant that you are an authorised representative of the business or the entity with the authority to bind the business or the entity to these Terms of Use, and that you agree to these Terms of Use on their behalf.

You are responsible for ensuring the security and confidentiality of the user name and password for your account. If you become aware of or suspect any unauthorised use of your account by any other individual or any other breach of security, you must notify Kyco immediately. You are responsible for any activity associated with your account.

You must not, and must not permit any third party to, access, use or otherwise interact with the Services to, or in a manner that will affect the security of your account (or the account of any other Kyco Member), such as by impersonating any person or entity or allowing a third party to log in to your account and access the Services as you.

We may monitor, collect, use and store usage data, metadata and other anonymous aggregate data regarding your account and use of the Services.

Suspending or terminating your account

Your Kyco account (and access to the Member Portal and other Services) may be suspended temporarily or de-activated permanently by us:

  • at any time, for any reason and without notice; or
  • if you are in breach of these Terms of Use.

If we suspend or de-activate your Kyco account because you have breached these Terms of Use:

  • you must not attempt to use your Kyco account or the Member Portal or other Services for Kyco Members under any other name or user or on any other device; and
  • you must pay the losses, costs or expenses that we reasonably incur in relation to the suspension or de-activation.

If we exercise our rights to temporarily suspend or permanently de-activate your Kyco account (for any reason), we will have no liability to you.

We confirm that any such action by us (to suspend or de-activate your Kyco account) will not affect any ongoing arrangements that you may have entered into directly with our business partners as a Kyco Member through the Services.

Intellectual property rights

The content provided by us on the Websites and through our other Services, including the text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of the Websites (Content), and all the intellectual property rights in such Content, is owned or licensed by Kyco and is protected by applicable copyright and other laws. You must not infringe Kyco’s intellectual property rights or those of any third party in your access to and use of the Services or the Content.

Unless specifically permitted by us, you must only access, download and use the Content for your own personal and non-commercial purposes, and must not otherwise use, copy, reproduce, modify, publish or transmit any Content without our prior written consent. You must not remove any copyright, trade mark or similar notices from any Content.

The Websites feature and the Content may feature trade marks which are protected by law. You may not use any Kyco trade marks without our prior written consent, except to legitimately identify Kyco or the Services.

Nothing contained on the Websites or in these Terms of Use should be construed as granting any licence or right to use the intellectual property in any Content (other than as set out above) without the express written permission of Kyco or the relevant owner.

Security

The transmission of information over the Internet is not completely secure or error free. In particular, emails or other communications to or from us and information submitted to or accessed via the Websites may not be secure and you should use discretion in deciding what information you send to us via these means.

Emails or other communications to or from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

Kyco’s business partners and other third party sites

The Websites may contain, and the other Services may provide, links to other sites, including the sites of Kyco’s business partners, and may display content or information from such other sites within frames. We are not responsible or liable for third party content or information, and do not warrant the accuracy, completeness, currency or suitability of that information for any purpose. Your access to and use of those sites is at your own risk. Any links are provided for convenience only, and do not indicate any endorsement or recommendation by us.

Without limiting the above general terms, to the full extent permitted by law, Kyco does not warrant or guarantee the accuracy or completeness of any Content. You should confirm the accuracy and completeness of all Content about any Kyco business partners with them, before entering into any arrangement with that business partner as a Kyco Member through the Services.

The Services provide you with certain information and advertising material about the products and services or Kyco’s business partners, but do not (and Kyco does not):

  • endorse any product or service or make any recommendation or suggestion, whether general or personal to you, about the suitability, availability or value of a product or service of a Kyco business partner; or
  • take into account your personal circumstances or needs in relation to any product or service.

If you enquire about the product or service of any Kyco business partner, you will deal directly with that Kyco business partner as the provider of that product or service. Any decision by you to acquire any product or service of a Kyco business partner is yours, and Kyco recommends that you carefully evaluate your own personal circumstances and whether a product or service is suitable for you, and seek any financial or legal advice you may require, before making any decision to acquire the product or service.

The arrangement between you and a Kyco business partner whose product or service you acquire through the Services is between you and that business partner, and Kyco is not a party to that arrangement. A Kyco business partner may impose eligibility and other conditions to its products and services which you may need to meet or satisfy before you can acquire that product or service – Kyco does not guarantee that any particular product or service can be provided to you.

The commission or other financial benefit Kyco will receive from a particular Kyco business partner will be disclosed to you in the Member Portal.

Privacy

Any personal information collected by us through your use of the Websites or other Services (including the personal information you provide to us when you sign up to become a Kyco Member) will be handled in accordance with our Privacy Policy. Please read that document before you provide any personal information to us.

We may also use cookies to identify your computer on our server and so we can track your use of the Websites. In some instances, cookies may collect and store information about you. Such information will be used by us in accordance with our Privacy Policy. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

Kyco’s business partners will have their own privacy policies, which will apply to their handling of your personal information, including any of your personal information that we may disclose to them in providing the Services to you. You should read those privacy policies carefully.

Disclaimers and limitations of liability

To the maximum extent permitted by law, Kyco and each of its directors, officers, employees and agents exclude all liability for any loss, damage or injury (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you may suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise resulting from your access to (or inability to access) or use of the Services, whether as a Kyco Member or otherwise, and you release us from all such claims and liability.

Nothing in these Terms of Use restricts, excludes or modifies any right that cannot be excluded by us under any applicable law including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth). If we are liable for a breach of a consumer guarantee (or any other term implied by law) and that liability cannot, by law, be excluded but can be limited, our liability is, to the maximum extent permitted by law, limited (where permissible) to, at our election, replacing or resupplying the relevant goods or services, or paying the cost of such replacement or resupply.

No waiver

If we do not take action in relation to a particular breach by you of these Terms of Use, this will not be treated as a waiver by Kyco of any right or remedy in respect of any existing or future breach of these terms.

Severability

If any provision of these Terms of Use is invalid or unenforceable in any relevant jurisdiction, then to the extent it is invalid or unenforceable it will be severed from these Terms of Use for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Service.

Governing law

These Terms of Use will be governed by and construed in accordance with the laws in force in Queensland, Australia, and you unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Although the Websites (including Content) and other Services may be accessible outside of Australia, we make no representation that the Websites, any Content or other Services comply with the laws of any other country. If you access the Websites, any Content or other Services from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on the Websites, any Content or other Services.

Last updated September 2021.