Kindello Terms and Conditions

Last Updated: 09 December 2021

Terms and Conditions and Disclaimer

Legal Notice

Welcome to the Kindello Ltd website. Please read these terms and conditions and the disclaimer (Terms) carefully. By accessing and using our website, and our related services, you confirm that you have read and agree to the Terms.

In these Terms:

“we”, “our”, “Kindello Ltd” means Kindello Limited a company duly incorporated in New Zealand with the company number 7629036;

“you” and “your” means the person using our services or visiting our website;

“services” means information that we provide and anything else we do for you, including allowing you to access our website.

Limited License

Subject to these terms and conditions, Kindello Ltd grants you a non-exclusive, non-transferable, limited right to access, use and display this site. As a condition of use of our web- site you agree not to:

  • disrupt activity online;
  • use anybody else’s computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
  • post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;
  • use a false identity for any purpose including misleading others as to the identity of the sender or origin of any message;
  • send objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;
  • abuse, defame, threaten, stalk or harass others;
  • run network scanning software or use open relay to distribute messages;
  • do not use your competitor’s names in your own listing and or;
  • introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, our or anyone else’s computer system or communications services.

You agree to fully indemnify us (including our officers, employees and agents) and hold us harmless against all loss, damage, cost or expense we may suffer or incur as a result of any breach of these Terms by you.

You must:

  • comply with these Terms at all times;
  • make sure all information you supply to us is complete and accurate; and
  • ensure that any username, password login or other secure access information to our website as we may supply to you, is kept strictly confidential at all times and is only used for the purposes it is provided for an in accordance with these Terms and our further instructions.

Information provided by you

Kindello Ltd does not want you to, and you should not, send any confidential or proprietary information to Kindello Ltd via the website. You agree that any information that you or individuals acting on your behalf provide to Kindello Ltd will not be considered confidential or proprietary. By providing any such information to Kindello Ltd, you grant to Kindello Ltd an unrestricted, irrevocable, worldwide, royalty-free license to use (including in modified form), reproduce, display, publicly perform, transmit and distribute such information, and you further agree that Kindello Ltd is free to use any copyright works, ideas, concepts or know-how that you or individuals acting on your behalf provide to Kindello Ltd.

Limitations of Damages

In no event shall Kindello Ltd or any of its subsidiaries be liable to you or to any other person for any direct, indirect, special, consequential or other damages (including, without limitation, any loss of profits, business interruption, loss of information or programs or other data on your information handling system) that is related to your use of, or the inability to use, the content, information, and functions of our website or any linked website or your reliance on any information, advice, opinion, representation or omission, whether negligent or otherwise, contained on this website, even if Kindello Ltd is expressly advised of the possibility of such damages.

Changes

We may change these terms and conditions at any time by changing or removing existing terms or adding new ones. You will be deemed to have been notified about any changes once an updated version of our policy is published on our website. Any change we make applies from the date we publish it on our website.

Your continued use of the website after any changes to this Agreement are posted will be considered acceptance of those changes. We may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features of the website, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. We may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all information.

International Users and Choice of Law

This website is controlled, operated and administered by Kindello Ltd from its office in New Zealand. Kindello Ltd makes no representation that information at the website is appropriate or available for use at other places outside of the New Zealand and access to the website from jurisdictions in which the contents may be illegal is prohibited. If you access this Site from a location outside of New Zealand, you are responsible for compliance with all local laws. These Terms of use shall be governed by the laws of New Zealand and the Courts of New Zealand have non-exclusive jurisdiction over any dispute relating to these Terms.

Links and Advertising

Our website may contain links to third party websites. These third party websites are not under our control and so we are not responsible for the content or the links contained in those websites. We do not recommend or endorse the content of any third party website which may be linked to or from our website, or the products or services of any third party mentioned or described on our website. You acknowledge that you enter any third party websites at your own risk.

Our website may contain advertisements for third parties’ products and services. You acknowledge that the third party advertisers are solely responsible for the accuracy of all representations made in those advertisements. We are not the party offering those goods or services for sale and do not necessarily recommend or endorse those goods or services, or make any other representation whatsoever about them.

Intellectual Property and Reproduction

We either own or otherwise have the right to licence all the intellectual property and related content displayed on our website. Unless stated otherwise in writing by us, you are permitted to view this information only, and you must not copy or use of any material on this website, or in any way deal with our website, other than as authorised by us in these Terms or specifically on the material in question.

Without limitation, you accept that unauthorised uploading, framing, copying or otherwise reproducing material from our website breaches these Terms and infringes our intellectual property rights. If you wish to use, reproduce, modify or benefit from material on our website, please contact us and seek our permission. Exceptions to this are the granting of our permission to print out any material from the site for your own personal non-commercial use.

Our Privacy Policy

We operate our services in accordance with the principles set out in The Privacy Act 1993. Privacy issues are further explained in The Reviews Section – which makes up part of these Terms.

THE REVIEWS SECTION

The terms below are part of the Terms (as stated above).

The purpose of the reviews section of the website is to:
  • allow you to hear the opinions and feedback from parents, caregivers and whanau that have had a child/children attend the services listed on this website; and
  • provide you with an avenue to give your own feedback.

Please note: the views expressed in the reviews section are not the views of Kindello Ltd and Kindello Ltd cannot be held responsible for those views or decisions based on those views. If you are concerned about any of the views expressed or otherwise please contact us at info@kindello.co.nz.

We believe that good decisions are based on a variety of factors and reviews offered on the website provides another strand. If you are making a decision about a service we encourage you to not rely solely on comments made in reviews and encourage you to:

  • Base your decisions on a wide range of factors including information you find on our website.
  • Thoroughly research your options when making a major decision.
  • Visit a number of services before making any decision.

If you are making a comment

If you want to make a comment in our review section you are required to provide us with your contact details and to agree to our Terms. This constitutes setting up an account.

You may only use one email account for posting comments and may not assume other/multiple identities.

Our process involves staged posting i.e. postings are not immediately shown on the site and are firstly seen by the provider.

Service Providers cannot alter your comments. Their options are:

  • to accept the posting of your comment without reply;
  • to accept your comment and provide a response for inclusion;
  • or to refer the comment back to a Kindello independent moderator

Note: the Kindello moderator will make a decision on the posting of the review should this be flagged by the service provider.

We also employ vigilant processes to ensure that people who post comments are doing so legitimately and are not pretending to be someone they are not, posting fake reviews either in favour of, or attempting to discredit a service or a competitor, copying information from elsewhere etc. We do this in part, by requiring your contact details and recording your IP address. We also retain your posts comments and any email correspondence.

Use of your information and protection of your privacy

We also gather your contact details to: verify your identity, allow the moderator to contact you if necessary, enable us to enforce our Terms and Conditions and to protect the lawful rights of service providers and our own valuable reputation.

Your information is held on our server located in New Zealand and will only be available to authorised Kindello staff and provided to authorised persons e.g. our independent moderator, or to the police, government departments etc. if required for legal purposes. We take all practical and reasonable steps to secure your personal information from unauthorised access, use or disclosure. However, it is not possible for any organisation (including ours) to guarantee that 100% security will be maintained at all times.

We do not sell or rent your personal/identifiable information to any third party nor do we sell or rent your email address.

You have a right under the Privacy Act 1993 to request to access and correct your information. If we update these details on your behalf we will retain the previous information so that accurate historical records are kept.

DISCLAIMER

The information displayed on this website is provided for guidance only and may contain inaccuracies and typographical errors. Much of the content is provided by third party service providers and is information they provide about their own service. Kindello Ltd does not warrant the accuracy or completeness of the information or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information is at your sole risk. Kindello Ltd reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Kindello Ltd may make any other changes to the site, programs, services or prices described in the site at any time without notice. This site and information on the site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, suitability, or fitness for any particular purpose.