Terms of Use

Updated: 23/10/2017

1. Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Knose Care Pty Ltd and all of its related companies collectively as ‘Knose’).

By agreeing to the Terms, you agree to resolve all disputes to outcomes using common sense. We do this by offering dispute resolution process.

This contract sets out your rights and responsibilities when you use Knose.com.au, everyday.knose.com.au, knoseeveryday.com.au our mobile apps, and the other services provided by Knose (referred to as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

3. Knose and Provider

Knose Everyday is a marketplace service that enables providers (pet care specialist) to offer and manage products and services to customers. All purchasers are between the customer and the provider on the Knose Everyday platform.

Providers are generally veterinary practices offering different products and services to their customers. Providers are wholly responsible for the delivery of these services to any purchaser on the Knose Sites and Apps.

Knose Everyday in addition to the marketplace manages aspects of subscription on behalf of providers including but not limited too: sales, payments, communications, failed payment processing, providing online portals for providers & customers, integrations to provider systems, remarketing services and product logistics.

3. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.

Both Knose and providers process members’ personal information (for example, buyer name, pet details, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a provider accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the provider, not Knose, will be responsible for that unauthorised disclosure.

If, however, Knose and sellers are found to be joint data controllers of buyers’ personal information, and if Knose is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Knose for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Knose.

4. Your Account with Knose

You’ll need to create an account with Knose to use some of our Services. Here are a few rules about accounts with Knose:

  1. You must be 18 or older to use our Services. Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use Knose or the Services. For more information on Knose’s policy on use of the Services by minors, see this Help article.
  2. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
  3. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
  4. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.Here’s a Help article on how to make your account more secure.
  6. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Knose.

5. Provider Content

Provider Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

  1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
  2. Permission to Use Your Content. By posting Your Content through our Services, you grant Knose a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Knose function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
  3. Rights You Grant Knose. By posting Your Content, you grant Knose a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Knose, your Knose shop, or the Services in general, in any formats and through any channels, including across any Knose Services or third-party website or advertising medium.
  4. Reporting Unauthorised Content. Knose has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
  5. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Knose’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

  • A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Knose, another Knose user, or a third party.
  • B. Pay Your Bills. You are responsible for paying all fees that you owe to Knose. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Knose will help collect and remit the correct amount of GST.
  • C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  • D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  • E. Follow Our Trademark Policy. The names “Knose” and the other Knose marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Knose in Australia and other countries. If you’d like to use our trademarks, please just ask us.
  • F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Knose (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  • G. Talk to Us Online. Knose will provide you with certain legal information in writing. This information can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

7. Termination

Termination By You. We’d hate to see you go, but you may terminate your account with Knose at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You will still have to pay any outstanding bills.

Termination By Knose. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Knose may refuse service to anyone, at any time, for any reason.

If you or Knose terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Knose reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

 

  1. Delivery

 

We try to ensure that all Products are delivered in a prompt and timely manner. Generally when you start a subscription with a provider that Knose provides product delivery for it will leave our warehouse within 2 days of payment confirmation. Subsequent products delivered will be shipped as per their schedule. We will send you a communication advising when we ship products to you. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Knose does not accept any liability for loss or damage suffered by anyone as a result of any such delays and we shall not be liable for any inaccuracy of information provided in relation to the date and time of delivery.

Knose reserves the right not to ship to remote or rural locations.

9. Warranties and Limitation of Liability

Items You Purchase. You understand that Knose does not manufacture, store, or inspect any of the items sold through our Services. We provide the Sites and Apps; the items in our marketplaces are produced, listed, and sold directly by independent providers, so Knose can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Knose from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Knose is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Google and Provider Sites). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Knose is not a party to those agreements; they are solely between you and the third party.

Warranties. Knose is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits. To the fullest extent permitted by law, neither Knose, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Knose’s aggregate liability for any damages exceed the greater of one hundred ($100) Australian Dollars or the amount you paid Knose in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

10. Indemnification

We hope this never happens, but if Knose gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Knose (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

11. Disputes with Other Users

If you find yourself in a dispute with another user or provider of Knose’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Release of Knose. You release Knose from any claims, demands, and damages arising out of disputes with other users, parties or providers.

12. Disputes with Knose

If you’re upset with us, let us know, and hopefully we can resolve your issue. We will always attempt to use a good dose of common sense when resolving disputes. But if we can’t, then these rules will govern any legal dispute involving our Services:

  1. Governing Law. The Terms are governed by the laws of New South Wales, Australia, without regard to its conflict of laws rules, and the laws of Australia.
  2. Arbitration. You and Knose agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration by an independent arbitration appointed by Knose.
  3. Costs of Arbitration. Payment for any and all reasonable arbitration filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Knose will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
  4. Forum. We’re based in Sydney so any legal action against Knose related to our Services must be filed and take place in Sydney. That means the seat of any arbitration shall be Sydney. For any actions not subject to arbitration, you and Knose agree to submit to the personal jurisdiction of a state court located in Sydney, New South Wales.
  5. Modifications. If we make any changes to this “Disputes with Knose” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Knose prior to the date the changes became effective. Knose will notify you of substantive changes to the “Disputes with Knose” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Knose a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Knose in accordance with the provisions of this “Disputes with Knose” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

13. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

14. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Knose regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

15. Contact Information

If you have any questions about the Terms, please email us at:legal@knose.com.au.