Online Terms of Service
Kind Enterprises Online Terms of Service
Last updated 17th May 2024.
Welcome!
Welcome to Kind Enterprises! We provide leading-edge Diversity, Equity and Inclusion solutions to empower organisations to make a positive impact in their workplace and the world. We are trusted by clients globally as their provider of choice for authentically impactful training and consulting services that help create truly equitable and inclusive spaces. We thank you for accessing the Kind Enterprises platform and the features, content, and services we make available to you through the platform (together, the “Services”).
The Services are offered to you and rendered by Kind Enterprises Pty Ltd (ABN 127699978) (“Kind Enterprises”, “we” and “our”). “Affiliates” of Kind Enterprises include current and future subsidiaries and other entities in our corporate group and their distributors and licensees.
Our Rules
Your use of the Services is governed by these Terms of Service (“terms”), our Kind Enterprises Subscription Agreement and our Privacy Policy. Together, these “Rules” form a binding legal contract between you and Kind Enterprises, so please read all Rules carefully and make sure you understand them. If you do not understand the Rules, or do not accept any part of them, then you must not use the Services.
From time to time, Kind Enterprises may change and improve the Services, and we may amend and update our Rules by posting them online. The most current terms will always be posted at this page. We will use commercially reasonable efforts to notify you of any material changes to these terms and other Rules, such as through a notice on the Kind Enterprises website. You should look at this page regularly to check for such changes. We will also update the “Last Updated” date above, which reflects the effective date of these terms. By continuing to use the Services after this date, you accept the current terms, as amended. If you do not accept any amendments, you must not continue to use the Services.
Parental Consent and Minors
With consent from your parent or guardian, users aged 13 years or older may create an account and access and use the Services. If you are aged under 18, you represent that you have permission to use the Services from your parent or guardian, who should read and accept these terms with you. If you are not aged 13 years or older and you do not have authorization from your parent or guardian, you must not create an account nor access nor use the Services. If we learn that someone under the age of 13 is using the Services and/or is using the Services without necessary permissions, we will terminate that user’s account.
If you are a parent or legal guardian of a user under the age of 18, by allowing that user to use the Services, you accept and are subject to the Rules and responsible for that user’s use of and activities on the Services.
Rights Granted in Your Content
With your account and our Services, you may post and share videos, images, sound recordings, messages, profile information, and other content to Kind Enterprises (“Your Content”). You retain your ownership rights in Your Content. By submitting Your Content via the Services, you hereby grant Kind Enterprises (and its successors and Affiliates) an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, sublicensable, and perpetual worldwide license to use, modify, adapt, reproduce, display, perform, make derivative works of, publish and/or transmit, and/or distribute in any format and on any platform, either now known or hereinafter invented, including for the purpose of promoting and redistributing part or all of the Services. As between you and Kind Enterprises (and its successors and Affiliates), you hereby waive all moral rights in Your Content, and consent to Kind Enterprises attributing or not attributing Your Content to you and dealing and adapting or editing Your Content in Kind Enterprises’ reasonable discretion for the purposes of providing the Services. You further grant Kind Enterprises a royalty-free license to use your name and image to identify you as the source of any of Your Content.
For example, Kind Enterprises may make Your Content available to other users on the Services, and Kind Enterprises and/or other users may combine Your Content with content created by other users. Other users of the Services may also extract all or any portion of Your Content to produce additional content, including collaborative works with other users, that combine and intersperse content generated by more than one user. Notwithstanding the foregoing, the sublicense to other users of the Services does not grant any rights or permissions for other users to make use of Your Content independent of the Services.
In all cases, you represent that:
Your Content does not violate our Rules;
Your Content does not violate anyone else’s rights, including their privacy or intellectual property rights; and
You either own Your Content or you have received all necessary permissions, clearances to submit it to the Services from, or are authorised by, the owner of any part of the content and all persons recorded or appearing in Your Content.
This means that you are granting us the right to use Your Content without the obligation to pay any payments including royalties to any third party, including a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a mechanical reproduction rights organisation ( e.g., AMCOS, MLC, CMRRA, MCPS, Harry Fox Agency etc.) a performing rights organisation (e.g., APRA, ASCAP, BMI, SESAC, PRS for Music etc.), an organisation administering the right to communicate sound recordings or causing them to be heard (e.g., PPCA, PPL, SoundExchange etc.), any unions or guilds, and any engineers, producers or other royalty participants involved in the creation of Your Content. Further, Your Content will be considered non-confidential and non-proprietary, and you must not post any content on or through the Services or transmit to us any content that you consider to be confidential or proprietary.
Entities and Kind Enterprises Subscription Agreements
If you are using the Services on behalf of a company, organisation, or educational institution, you represent that you have authority to act on behalf of that entity, and that they accept these terms. If such entity has a Kind Enterprises Subscription Agreement with Kind Enterprises or one of its Affiliates, in the event of a conflict between any provisions of these terms and such Kind Enterprises Subscription Agreement, then the latter shall govern and control.
Account Information and Privacy
Upon creating an account and signing up to become a user of our Services, a username and password will uniquely identify you and your account, including if you sign in via a third-party single-sign-on solution (e.g., Clever). Your account information must be true and complete, and you must keep your contact and other account information up to date. All data that we collect from you may be used in accordance with our Privacy Policy.
Account Security
Kind Enterprises will never ask you for your password. You must maintain the security of your username and password, and you may not share your account or password with others. You will use best efforts to prevent any third person from using your account, and you will inform us immediately at info@kindenterprises.co of any actual or potential unauthorised use of your account. You are responsible for all activity on the Services that occurs using your account, including any violations of our Rules.
Materials
The Services include access to self-directed learning experiences from leading education content providers, educational curriculum, educational resources, learning experiences, and professional development resources, including videos, sound recordings, graphics, slideshows and papers in the field of diversity and inclusion, social justice, and other content. Besides Your Content (defined below) and as between you and Kind Enterprises, all such content and software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on, and “look and feel” of the Services, and other content and all intellectual property rights related thereto (the “Materials”), are either owned or licensed by Kind Enterprises. Kind Enterprises may change the Services, or any Materials accessed through the Services (or remove or restrict access to Materials), at any time without notice, including if Kind Enterprises considers that Materials may be defamatory, discriminatory or otherwise inappropriate or in violation of the Rules.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
The information and materials in user-created content, including content created by users using Materials provided by Kind Enterprises, have not been verified or approved by us. We make no representations, warranties or guarantees, whether express or implied, that any Materials are accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services. The views expressed by other users on the Services do not necessarily represent our views or values.
Conditions of Use
Subject to your compliance with the Rules and while you maintain an active account with us, including if you sign on via single-sign-on, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, license to access and use the Services and to access the Materials solely for your personal, non-commercial use through your use of the Services. This means you must not reproduce, create derivative works from, perform, modify, adapt, publish, store, use, transmit electronically or otherwise, distribute, or in any other way exploit, by any means in whole or in part, the Services or the Materials, except for your own personal, non-commercial use, use for your students in a course that you are personally teaching or a purpose that is expressly permitted in relation to those Materials, as set out in the specific Materials. Kind Enterprises reserves all rights not expressly granted herein in the Services and the Materials. You acknowledge and agree that Kind Enterprises may terminate this license at any time for any reason or no reason.
Further, in consideration of your access to the Services, you agree not to:
create a false identity on the Services, falsely impersonate others, provide false account information, or provide any other misleading or deceptive information, including misrepresenting yourself, your age, or your affiliation with any person or entity;
use or attempt to use another user’s account or distribute, license, transfer, or sell your account to another person without our consent;
use the Services or Materials or any other information or content to violate the Rules, any laws or regulations that apply to you, or anyone else’s rights (including privacy and intellectual property rights);
upload, post, transmit, share, store, or otherwise make publicly available through the Services or Your Content any private information of another user or other third party;
upload, post, transmit, share, store, or otherwise make available content that infringes any proprietary rights of any party or defames, slanders, or libels any party, is discriminatory against others or otherwise violates the laws of the jurisdiction in which you reside;
use the Services in a way that may cause Kind Enterprises to violate any law, regulation or anyone else’s rights (including privacy and intellectual property rights);
take any action that imposes an unreasonable burden on, or interferes or attempts to interfere with, the Service’s infrastructure or bypass any measures we may use to prevent or restrict access;
take any action to circumvent or attempt to circumvent the privacy, security and access control features of the Services or for any Materials;
upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs that may disrupt, disable, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment of Kind Enterprises or other users of the Services;
take any unlawful or unauthorized actions or in any way damage, disable, overburden, disrupt, or impair the Services;
collect email addresses or other contact information of other users from the Services;
send unsolicited communications to other users of the Services;
upload, post, transmit, share, or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
solicit personal information from anyone under the age of 18 or solicit passwords or personally identifying information for commercial, unauthorized, or unlawful purposes;
intimidate or harass another, collect personal information on or “cyberstalk” another, or engage in conduct that negatively affects the online experience of other users;
upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable law;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of Kind Enterprises, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Kind Enterprises (or its Affiliates and licensors) or its users to any harm or liability of any type;
modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Services or its software, whether in whole or in part, or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works of such source code; or
aid or assist others, directly or indirectly, to engage in any act or omission that would otherwise constitute a violation of our Rules.
Use of the Services or Materials for any purpose not expressly permitted by these terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted.
The Materials may be subject to additional use restrictions, as set out in the specific Materials. If you use those Materials, you agree to comply with those use restrictions. In all cases, you agree not to remove any trademark notices, copyright notices, or attribution of authorship that appears on the Materials.
You do not have any right to resell, lease, or grant licenses to the Materials, including by sharing your user information to enable other people to access the Services to obtain copies of the Materials, or by uploading the Materials to other sites, including streaming or torrent sites.
Any violation of our Rules may result in suspension, restriction, or permanent termination of your account in the sole discretion of Kind Enterprises. If we suspended, restricted, or terminated your access to the Services or Materials because you previously violated our Rules, you may not create another account or use the Services, including by using other’s accounts.
Communications and Moderation
The Services allows you to exchange information with other users in many ways, such as your account profile, Your Content and comments, as applicable. All your communications on or through the Services must be consistent with our Rules.
You may control, opt-in to, and opt-out of certain communications via your account settings. Based on your account settings, you agree that Kind Enterprises, its Affiliates, and their licensors may contact you within the Services or using the contact information that you have provided to us (for example, by email or phone number). Although such communications may be in relation to third-party products or services, Kind Enterprises does not endorse any particular products or services.
When you use the Services or send e-mails and other communications from your computer to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails or notices and messages on or through the other Services, and you should retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In its absolute and sole discretion, Kind Enterprises reserves the right to moderate, delay publication of, not to publish, remove, modify, or take no action with respect to any information submitted to the Services (including any communications that violate the Rules), including Your Content. Kind Enterprises may require you to enter into a separate agreement before Your Content may be published or distributed through the Services.
Violations of Privacy and Intellectual Property Rights
Kind Enterprises respects the privacy and intellectual property of others, and we expect our users to do the same. All users must ensure that their content does not infringe any third-party rights.
If you believe another user is violating your privacy or your intellectual property rights, we encourage you to first try to resolve your dispute directly by contacting the other user who posted the content in question.
If you are unable to resolve your dispute with the other user directly, you can let us know at info@kindenterprises.co. A moderator at Kind Enterprises will investigate your request and take appropriate action. Please note that we may make your request a public record and/or share your name and request with the account owner of the content in question, although we do not share your contact information.
Before you submit a takedown request, consider whether fair use, fair dealing, or similar legal exceptions apply. If an exception applies, then the takedown request you submit would be invalid. We may consider a number of factors in determining whether the reported material violates your rights, including the context of the posted material and applicable laws.
In filing any request, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further. Your request must contain the following:
Contact information: including your name, address, telephone number, and email address and account username. In cases of infringement of a copyright or trademark, please identify the owner. If you are not the owner, identify your relationship (e.g., authorized agent) to the owner and the owner’s contact information.
A description of the rights you believe are being violated. If you own a copyright, please identify the work you claim has been infringed. If you own a trademark, please identify the trademark, the goods and services relating to your mark, and provide a copy of relevant registrations, if any.
A description of the violation or infringement. Please provide a URL to the content at issue, and where your intellectual property or information appears in the allegedly infringing content. If possible, please identify the time stamp, content description, profile picture, username, etc.
The following legal declarations:
I am unable to resolve this issue directly with the user without intervention from Kind Enterprises.
I have a good faith belief that the content is not authorised by the rights owner, its agent, or the law.
I declare that the information is accurate, true, and correct, and that I am the owner of the rights allegedly violated or infringed (or authorized to act on behalf of the rights owner).
Your signature.
For claims under any applicable copyright legislation, the above process is the fastest and easiest way to send a request to Kind Enterprises. You may also contact us at the address at the bottom of these terms.
Removal of Content by Kind Enterprises
If any of Your Content (1) is in breach of this Agreement or (2) may cause harm to Kind Enterprises, our users, or third parties, we reserve the right to remove or take down some or all of such content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Kind Enterprises or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party, Kind Enterprises or our Affiliates. In the event Kind Enterprises removes Your Content from the Services for any reason, you will not be entitled to any compensation.
No Warranty
Nothing in these terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.
The services are provided “as is” and we make no warranty or representation to you with respect to them. In particular we do not represent or warrant to you that:
Your use of the services will meet your requirements;
Your use of the services will be uninterrupted, timely, secure or free from error;
Any information obtained by you as a result of your use of the services will be accurate or reliable; and
Defects in the operation or functionality of any software provided to you as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose, noninfringement, or conformance with description) apply to the services except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of our services or materials for business and operational reasons at any time without notice.
We do not warrant or guarantee that our services or materials will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to safely access our services and materials. You should use your own virus protection software.
Limited Liability
You use the services and materials at your own risk. Nothing in these terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This may include liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If any Statutory Provisions apply (including the Competition and Consumer Act 2010 (Cth)), notwithstanding any other provision of this Agreement, to the extent to which we are entitled to do so, we limit our liability in respect of any claim to:
(a) in the case of services, at our option:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
Subject to the paragraph above, we shall not be liable to you for:
Any loss of profit (whether incurred directly or indirectly);
Any loss of goodwill;
Any loss of opportunity;
Any loss of data suffered by you;
Any indirect or consequential losses which may be incurred by you; and
Any loss or damage which may be incurred by you as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
Any changes which we may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the Services);
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
Your failure to provide us with accurate account information; or
Your failure to keep your password or account details secure and confidential.
Please note that we only provide our services and materials for personal, educational and non-commercial use. You agree not to use them for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You are responsible for any mobile charges that may apply to your use of our service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Kind Enterprises is not obligated to maintain a back-up of your content, and Kind Enterprises will not be liable for any lost or corrupt content.
Indemnity
You will defend, indemnify, and hold harmless Kind Enterprises in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing, or payment, including without limitation, legal fees, howsoever caused, which Kind Enterprises pays, suffers, incurs or is liable for as a result of your breach of these Terms of Use or the Rules or in connection with any of Your Content. This means you will be responsible for any loss or damage we suffer as a result of your acts or omissions.
Links to This and Other Websites
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with our Rules. We reserve the right to withdraw linking permission without notice.
The Services, or the Materials, may contain links to third party websites, advertisements or information on those websites. Kind Enterprises has no control over the nature, content and availability of third-party websites. The inclusion of any links to other websites, does not necessarily imply a sponsorship, endorsement or approval of those websites or the views expressed within them, and Kind Enterprises takes no responsibility for the content on those websites. Any use of the Materials, third party websites and information is at your own risk.
Entire Agreement
These Terms of Service, together with the other Rules, represent the entire agreement between you and Kind Enterprises concerning your use and access to the Services and your use and access to the Materials on and through them. All implied terms except those implied by statute and which cannot be expressly excluded are expressly excluded.
Severability
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms, and the remaining provisions of the terms will continue to be valid and enforceable.
Interpretation and Governing Law
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes. These terms and the Services are governed by the laws of New South Wales, except its conflicts of law rules. Both you and Kind Enterprises submit to the exclusive jurisdiction of the courts located in Sydney, New South Wales, and you and Kind Enterprises consent to personal jurisdiction in those courts.
Disputes and Arbitration Agreement
Informal Resolution. You agree that in the event of any dispute between you and Kind Enterprises, you will first contact Kind Enterprises and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. Please read the following agreement carefully. If you are an individual and you do not want to arbitrate disputes with Kind Enterprises, you may opt out of this arbitration agreement by sending an email to info@kindenterprises.co within thirty (30) days of the date you first access or use the Services or Materials. If you have a Kind Enterprises Subscription Agreement with us, the following arbitration agreement may apply to your users who are students and teachers, but not the entity that is a party to the Kind Enterprises Subscription Agreement, which will instead govern any disputes between us and that entity.
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) arising from or relating in any way to your use of our services and/or products, including the Services and Materials, or to the communications between you and Kind Enterprises or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Kind Enterprises. However, this arbitration agreement does not (a) govern any Claim by Kind Enterprises for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
Email Address: info@kindenterprises.co; or
Postal Address:
PO Box 500
Bendigo
VIC 3552
The arbitration will be conducted in New South Wales, Australia by a single arbitrator (“Arbitrator”) under the ADC Rules for Domestic Arbitration of the Australian Disputes Centre (“ADC”). The Arbitrator shall be appointed by agreement of the parties. If the parties fail to agree upon the Arbitrator within thirty (30) days’ notice of arbitration as provided by either party, the ADC shall appoint the Arbitrator. The Arbitrator will be bound by the provisions of this Agreement. Prior to their appointment, the Arbitrator shall be made aware of the terms of this Agreement. The Arbitrator’s decision shall be final and binding upon the parties, provided however that a party may petition a court of competent jurisdiction to vacate the Arbitrator’s award or decision on the grounds of the Arbitrator’s failure to abide by the provisions of this Agreement.
Payment of all filing, administration and arbitrator fees will be governed by the ADC Rules for Domestic Arbitration. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Kind Enterprises each waive any right to a jury trial.
Contact
You may contact Kind Enterprises at the following addresses:
Email Address: info@kindenterprises.co; or
Postal Address:
PO Box 500
Bendigo
VIC 3552