Privacy Policy

While every reasonable effort is made to ensure that the information provided on this site is accurate, no guarantees for the currency or accuracy of information are made. K-HART International Pty. Ltd’s website and material relating to information, products and services (or to third party information, products and services), is provided ‘as is’. It is provided without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

K-HART International Pty. Ltd does not accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website. K-HART International Pty. Ltd does not warrant that the functions contained in the material in this site will be uninterrupted or error free. Also, K-HART International Pty. Ltd. does not warrant that defects will be corrected, or that this site or the server that makes it available is free of viruses or represent the full functionality, accuracy, and reliability of the materials.

In no event will K-HART International Pty. Ltd. be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of  K-HART International Pty. Ltd’s website. These Terms and Conditions shall be covered by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

Terms and Conditions for Mobile Apps

The terms and conditions that follow set forth a legal agreement between you the end user (either an individual or an entity), and K-HART International Pty.Ltd, with its principal place of business at Wesley Place Cherrybrook, NSW 2126 Australia (“K-HART International phone Apps”), relating to the phone App software accompanying this Agreement (the “Software”). You should carefully read these terms and conditions BEFORE downloading and/or installing the phone App Software. Downloading and/or installing the Software will signify your agreement to be bound by these terms and conditions. If you do not agree to these terms and conditions, you are not permitted to use the K-HART International phone App software. 

1. GRANT OF LICENSE. K-HART international Pty ltd grants to you a royalty-free, nonexclusive license to use the phone app Software in accordance with this Agreement for your own purposes. 

2. OWNERSHIP OF THE SOFTWARE/ RESTRICTIONS ON COPYING/ OTHER RESTRICTIONS. K-HART International Pty Ltd owns and will retain all copyright, trade secret and other proprietary rights in and to the phone app Software. THE SOFTWARE AND ANY DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. You may not remove from the Software any copyright or other proprietary rights notice or any disclaimer, and you shall reproduce on all copies of the Software made in accordance with this Agreement, all such notices and disclaimers and these license terms. You may not transfer, sell, license, sublicense, lease or rent the Software or the license granted by this Agreement. You may not modify or make works derivative of the Software and you may not reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You are responsible for the supervision, management and control of the use of the Software, and output of the Software, including, but not limited to selection of the Software to achieve your intended results and for establishing adequate backup to prevent the loss of data in the event of a malfunction of the Software. 

3. TERM. The license granted herein will continue until it is terminated by K-HART International Pty Ltd, in its sole discretion, with or without cause. Upon the termination of the license for any such reason, you will destroy all copies of the Software covered by the license. The provisions of Articles 2, 3, and 4 of this Agreement shall survive any termination of this Agreement. 

4. “AS-IS” WARRANTY & DISCLAIMERS 

a. “AS IS” Warranty. K-HART International Pty Ltd provides the App Software to you AS IS and without a warranty of any kind.  Phone apps do not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.

If you submit data to an Internet site hosted by K-HART International, K-HART International Pty Ltd will not be responsible for restoring data deleted by you. 

b. Limitations on Liability. To the extent permitted under applicable law, in no event shall K-HART International Pty Ltd or its licensors be liable for special, indirect, incidental or consequential damages (including without limitation damages resulting from loss of use, loss of data, loss of profits or loss of business) arising out of or in connection with the use of or inability to use the phone app Software furnished hereunder, even if K-HART International Pty Ltd or its licensors have been advised of the possibility of such damages.