Terms and Conditions

 

KinSnap Terms and Conditions

Welcome to KinSnap.

This KinSnap Terms and Conditions is a legal agreement between KinSnap Pty Ltd A.C.N. 1641 835 332 (“KinSnap”, “we” or “us”) and the entity or person (“you”, “your”, or “user”) who registered on the KinSnap platform to receive a service or printed gazettes that may be offered by KinSnap. This Agreement describes the terms and conditions that apply to your use of the Services.

If you do not understand any of the terms of this Agreement, please contact us before using the service hello@kinsnap.family.

You may not access or use KinSnap unless you agree to abide by all of the terms and conditions in this Agreement.

 

2.KinSnap platform overview

KinSnap provides a social network platform for families to stay in touch with their older relatives (hereinafter the “gazette beneficiary”, or “Gazette recipient”) by giving its users the ability to share pictures and text, and, to generate a family newsletter (hereinafter the “gazette”), to print it and to send it to the Gazette Beneficiary.

Subscription to the KinSnap service is carried out, for a Gazette Beneficiary by an “Account Manager”. A user who will be the subscriber od the Subscription and therefore in charge of payment of the Subscription.

The family and friends of the Gazette Beneficiary (hereinafter referred as “relatives”) are invited to join the platform via their computer or mobile devices in order to download and share content. This content is subsequently given an automatic layout and printed as a family newspaper which is then delivered to the Gazette Beneficiary. These services are collectively referred as “Services”, and the Account Manager, Relatives and Gazette beneficiary, are collectively referred as “Users”.

All Relatives have free access to the Platform and Services. Users must register on the platform and create a personal account, as described below, and fully and irrevocably accept the Terms and Conditions and the condition therein. In the event that the Subscription is terminated, the Users still have free access to the Platform but the Users will lose the provision to post Messages and the Gazette will no longer be printed and delivered to the Gazette Beneficiary.

 

2. Your KinSnap account

In order to access the Platform, the Account Manager must create a personal account (hereinafter the “Personal Account”). The Account Manager must provide certain data, which will be processed in accordance with the Privacy Policy. The registration of the Account Manager therefore leads to the creation of (i) her/his Personal Account, and (ii) a network linked to a Gazette Beneficiary (hereinafter the “Network”).

 

Once this Network is created, the Account Manager has access to the following features: (1) communicating Content, i.e. photographs possibly accompanied by a comment of maximum

300 characters, (2) inviting various people to join the Network, by creating a Personal Account, so that they become Relatives and contribute to the communication of Content.

This invitation can be done by various means, via computer or via mobile phone or tablet, through all communication applications, it being understood that the number of Relatives that can be invited is unlimited.

In any case, a Relative will always hold a single Personal Account. However, any Relative may decide to constitute an additional Network for another Gazette Beneficiary.

She/he will then have the capacity of Account Manager for this additional Network. Likewise, a Relative may be invited to be part of several Networks. A Relative may therefore be required to upload content to the same Personal Account for multiple Gazette Beneficiaries. A Relative may also be Relative Subscriber in a Network and plain Relative in another Network. All these features are available in Personal Account settings in the web application.

 

3. Use of the platform

 

The KinSnap platform is intended for any natural person of age. The parents, guardians or legal representatives who allow their minor children to access and use the KinSnap platform  are solely responsible for the use of the Platform by their minor children.

 

The user is solely and exclusively responsible for the Content, the information and any other elements that he or she publishes by means of the Platform, submits to the platform or transmits to other users, and agrees not to hold KinSnap, in anyway, liable.

 

You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity.

 

The User also guarantees that he or she has all the necessary authorizations to put the Content online and to distribute the Content.

 

4. User Content Licence Grant

 

By publishing any designs containing User Content using the Platform, you expressly grant, and you represent and warrant that you have all rights necessary to grant to KinSnap a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform and KinSnap’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels.

 

5. KinSnap Intellectual Proprietary Rights

 

Except for your Content, the Platform, and all materials therein or transferred thereby, including, without limitation, software, images, text, and all Intellectual Property Rights related thereto, are the exclusive property of. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any KinSnap Content. Use of the KinSnap Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

6. KinSnap rights and obligations

 

KinSnap does not warrant that the Content reproduced in the Gazette is of quality, complete,

accurate, adequate, or reliable, nor that it complies with applicable legislation and these Terms and Conditions , nor that it does not violate the rights of third parties. KinSnap expressly disclaims any and all liability for the Content and quality of content disseminated by Users through the Platform and the Services.

KinSnap may nevertheless perform, at its sole and absolute discretion, an inspection of Content. It

reserves the right to delete any Content that violates the TOU or about which it has received a

complaint. KinSnap may exercise this right at any time without notice and at its sole discretion.

 

KinSnap may also decide not to print and deliver a KinSnap Gazette if the content of the later violates the Terms and Conditions.

 

KinSnap reserves the right to suspend or cancel, at any time, access to the Platform to a User in the presence of element that indicates an infringement of applicable legislation, the Terms and Conditions, the right to third parties, or if the User is likely to cause prejudice to the interest of KinSnap, other Users or third parties.

 

KinSnap reserve the rights:

Not to produce nor generate a Gazette if the Account Manager is in default of payment

To reduce the size of the Gazette Beneficiary’s Gazette if the shared content does not reach the maximum authorized by the Subscription.

 

7. Subscriptions

 

A single subscription is required per Gazette Recipient.

By Default, the Account Manager has communicated his / her banking details upon creation of the family on the Platform.

Two subscriptions formulas are offered to the Account Manager:

A Fortnightly subscription of $12.99 per fortnight, billed monthly for $25.98, including 28 contents;

A Monthly subscription of $13.99, billed monthly for $13.99, including 28 contents;

These amounts are available per Account Manager and include access for all Users to the KinSnap platform. The automatic layout generation, printing and posting are included in the price. The subscription formulas are inclusive of all taxes.

KinSnap reserves right to modify these formulas.

 

8. Payment

 

Payment for a subscription by an Account Manager is executed electronically via the KinSnap website. Payments are executed through a secure payment system “Stripe”.

The first payment takes place during registration. After payment, a confirmation is automatically sent to the Account Manager email containing the details of the subscription.

Users may participate to the Subscription payment by adding amount to a family shared account balance (hereinafter referred as the “Piggy Bank”). Piggy Bank payments are equivalent to a certain number of month subscription equivalent, decided by the user. When a User pays the piggy bank it will pause the Account Manager payment for the period of time chosen and paid.

The possibility to pay on the Internet does not in any way guarantee that KinSnap’s system is

foolproof, without disturbances, interruptions, or errors. KinSnap cannot be held liable for any

damage, direct or indirect, incurred by the execution of a payment on the Internet.

The Account Manager undertakes to provide KinSnap with complete banking details and to keep this

information up to date in order to avoid any payment issues. Failure to pay upon due date immediately suspends the Services. KinSnap shall be entitled to demand the automatic termination of said contract based completely on the fault of the Account Manager.

In the event that no Content is sent during a month or the delivery address is not communicated, the Subscription continues and will be billed, although no Gazette shall be issued. However, KinSnap

undertakes to refund this Gazette upon simple request by email to the following address: hello@kinsnap.family

 

9. Duration and termination

 

The Account Manager may terminate the Subscription at any time via the Web Application, or by writing at hello@kinsnap.family. In this case, the subscription will be suspended after the current paid period ends, and if the family Piggy Bank balance is depleted. The other app users will be notified via email and will be invited to renew the subscription.

 

The Subscription may be terminated without notice or compensation in the event of a misconduct in the performance of the obligation of one of the parties. The following will be qualified as misconduct:

Total or partial non-payment of a Subscription’s payment

Non compliance to the Terms and Condition by a User of the family

The absence of distribution of Gazettes by KinSnap for two consecutive periods (except in case of force majeure)

Unauthorize use, actual or suspected, of the KinSnap platform and / or content.

 

10. Right of withdrawal

 

The Account Manager has a legal withdrawal period of 14 days to cancel her/his subscription. This period expires 14 days after the day of subscription.

 

To exercise his / her right of withdrawal, the Account Manager must communicate his / her willingness to exercise his right to KinSnap. The Account Manager can do so by mail, by email, or via the Web Application in the Piggy Bank section by clicking on ‘Stop my Subscription’.

 

The Account Manager will be refunded within 14 days after his withdrawal, to the exception no Gazettes have been shipped to the Gazette Recipient by KinSnap. The Gazettes that have already been produced between the moment of subscription and the moment whereon the right of withdrawal was executed, remain due.

 

11. Security

 

a. KinSnap’s Security: KinSnap is responsible for protecting the security of Data in our possession. We will maintain commercially reasonable administrative, technical, and physical procedures to protect User Data and Personal Data stored in our servers from unauthorised access, accidental loss, modification, or breach, and we will comply with applicable Laws and Network Rules when we handle User and Personal Data. However, no security system is impenetrable and we cannot guarantee that unauthorised parties will never be able to defeat our security measures or misuse any Data in our possession. You provide User Data and Personal Data to KinSnap with the understanding that any security measures we provide may not be appropriate or adequate for your business, and you agree to implement the Security Controls and any additional controls that meet your specific requirements. In our sole discretion, we may take any action, including suspension of your KinSnap Account, to maintain the integrity and security of the Services or Data, or to prevent harm to you, us, Customers, or others. You waive any right to make a claim against us for losses you incur that may result from our actions.

b. Your Security:You are solely responsible for the security of any Data in your possession, or that you are otherwise authorised to access or handle.

 

12. Data Protection and Privacy

 

a. Confidentiality:KinSnap will only use User Data as permitted by this Agreement, by other agreements between you and us, or as otherwise directed by you.

b. Privacy:Protection of Personal Data is very important to us. Our Privacy Policyexplains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Data you provide to us. You agree to review the terms of our Privacy Policy, which we update from time to time.

You affirm that you are now and will continue to be compliant with all applicable Laws governing privacy and your use of Data that you provide to us or access through your use of the Services. You also affirm that you have obtained all necessary rights and consents under applicable Laws to disclose to KinSnap — or allow KinSnap to collect, use, retain, and disclose — any Personal Data that you provide to us or authorise us to collect, including Data that we may collect directly from Users using cookies or other similar means.

 

13. Feedback

 

You may choose to or we may invite you to submit comments or ideas about the Platform, including without limitation about how to improve the Platform or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place KinSnap under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, KinSnap does not waive any rights to use similar or related ideas previously known to KinSnap, or developed by its employees, or obtained from sources other than you.

 

14. Right to Amend

 

We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website or any other website we maintain or own. We may provide you with Notice of any changes through the Dashboard, via email, or through other means. Your use of the Services, APIs, or Data after we publish any such changes on our website, constitutes your acceptance of the terms of the modified Agreement.

 

15. Force Majeure

 

Neither party will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Reversals, or Returns under this Agreement.

 

16. No Warranties

 

WE PROVIDE THE SERVICES AND KINSNAP IP “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY OR GUARANTEE. NO DATA, DOCUMENTATION OR ANY OTHER INFORMATION PROVIDED BY KINSNAP OR OBTAINED BY YOU FROM OR THROUGH THE SERVICES — WHETHER FROM KINSNAP OR ANOTHER KINSNAP ENTITY, AND WHETHER OR ORAL OR WRITTEN — CREATES OR IMPLIES ANY WARRANTY FROM A KINSNAP ENTITY TO YOU.

THE KINSNAP ENTITIES DISCLAIM ANY KNOWLEDGE OF, AND DO NOT GUARANTEE: (a) THE ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY DATA PROVIDED THROUGH THE SERVICES; (b) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; (c) THAT KINSNAP WILL CORRECT ANY DEFECTS OR ERRORS IN THE SERVICE, GAZETTE, OR DATA. USE OF DATA YOU ACCESS OR DOWNLOAD THROUGH THE SERVICES IS DONE AT YOUR OWN RISK — YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM SUCH ACCESS OR DOWNLOAD.

NOTHING IN THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY IMPLIED CONDITION, WARRANTY OR GUARANTEE, OR THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY LIABILITY UNDER LAW WHERE TO DO SO WOULD: (A) CONTRAVENE THAT LAW; OR (B) CAUSE ANY TERM OF THIS AGREEMENT TO BE VOID.

 

To the extent that you acquire goods or services from KINSNAP as a consumer within the meaning of the Australian Consumer Law, you have certain rights and remedies (including consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. To the extent that the Australian Consumer Law permits KINSNAP to limit its liability, then KINSNAP’s liability shall be limited to: (a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and (b) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

 

17. Limitation of Liability

 

Under no circumstances will any KINSNAP Entity be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or the KINSNAP Entities have been advised of the possibility of such damages. The KINSNAP Entities are not liable, and deny responsibility for any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorised access or use of the Services, your KINSNAP Account, or Data, or your failure to use or implement anti-fraud measures, or any other data security measure. The KINSNAP Entities further deny responsibility for all liability and damages to you or others caused by (a) any unauthorised access of servers, infrastructure, or Data used in connection with the Services; (b) interruptions or cessation of the Services; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (d) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (d) third-party content provided by you; or (e) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by the KINSNAP Entities under this Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to KINSNAP during the three-month period immediately preceding the event that gave rise to your claim for damages.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

 

18. Territory

 

KinSnap is available worldwide but the KinSnap gazettes are delivered solely in Austrlaia .

 

19. Applicable Law

 

The Terms and Conditions are governed and interpreted in accordance with the laws in force in the Australian Capital Territory. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in the Australian Capital Territory for all matters arising in connection with these terms and conditions or your access or use of the service.

 

20. No Waiver

 

The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

 

21. Questions

Should you have any questions regarding these terms and Conditions, please contact us hello@kinsnp.family.

 

These Terms and Conditions are effective and were last updated on July 14th, 2020.