Terms of service

When you use our website to place an order with us, these Terms and Conditions of Business will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of our Business before using this website. Your use of Kineiris website is contingent upon your acceptance of our Privacy Policy and the following Terms and Conditions of the Business. Your use of Kineiris website will be considered acceptance of Kineiris Policies. If you do not agree to the Terms and Conditions of the Business contained in the following pages, then you may not use the Kineiris website. Please note that Kineiris has the right to modify these Terms and Conditions of the Business and hence, you should review them periodically as required. 

Please read the following sections carefully, as they contain the Terms and Conditions of our Business that will govern your use of Kineiris website. Additionally, you should review our website Privacy Policy.

If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please do not hesitate to reach out to us by sending an email to info@kineiris.com.au.

We reserve the right to terminate your use of our services or any related websites for violating the Terms and Conditions of our business.

You agree to not reproduce, duplicate, copy or sell, resell or exploit any portion of the products or service offered, use of service or access to the service or any contact on the website through which the service is provided, without written permission by us.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without any notice to you.

You agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you (except as stated by us), is provided and available for your use without any representation, warranties or conditions of an any kind.

In no case will Kineiris, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss , claim or any direct or indirect , incidental , punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

TERMINOLOGY:

In this Policy:

"personal information" means any information or opinion about an identified individual or an individual who is reasonably identifiable (whether or not the information is true);

"sensitive information" means (without limitation) information about an individual’s race, ethnic origin, membership of a political association, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation, criminal record, or health, genetic or biometric information;

"subsidiaries" means each of Kineiris (ABN 676 206 917 96) and any other subsidiary of Kineiris from time to time;

"we," "us," "our," ‘’Seller’’ and Kineiris are reference to Kineiris business and its subsidiaries from time to time; and

"you",”your", “buyer” means an individual whose personal information we have collected.

 

PROHIBITED USE

You are prohibited from using the website or its content for:

Any unlawful purpose

To solicit others to perform or participate in any unlawful acts

To violate any international, federal or state regulations or laws

To infringe upon or violate our intellectual property rights

To submit false or misleading information about our Business

To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our services, website, or social media pages.

 

Indemnification

By using our website, you agree to indemnify, defend and hold harmless Kineiris business and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, sub-contractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third- party due to or arising out of your breach of these Terms and Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices of our products featured are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (any part or content) without any notice at any time.

We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of any services offered by our Business.

We reserve the right to refuse service to anyone for any reason at any time.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if any information made available on this website is not accurate, complete or current. The material provided on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting or requesting more accurate, complete or more timely sources of information through contacting info@kineiris.com.au. Any reliance on the material on this website is at your own risk.

We reserve the right to modify the contents of this website at any time and have no obligations to notify you of any changes made at any time. You agree that it is your responsibility to monitor any changes made to our website and products prior to purchasing the products.

 

COLOUR VARIATION AND APPEARANCE OF PRODUCTS

All our products featured through photographs and videos attempt to portray colours and the appearance of our products as accurately as possible. Due to circumstances outside of our control, such as different monitor settings and personal perceptions of colour, photographs or videos there may be slight variations in the colour and appearance of our products. Kineiris will not be held responsible of these variations, and this does not constitute a fault in the product and will not be eligible for a request for a refund.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Kineiris is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Kineiris may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Services or our website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

PHOTO SUBMISSIONS TO PSY ANALYSIS AND USING OUR HASTAGS

Kineiris would love seeing your photos of our products. By using Kineiris hastags such as #kineirislumini or #kineiris or #kineirisluminiLEDproducts or tagging Kineiris (@Kineiris or @Kineirisart) on a public social media post, by responding #yeskineiris or #yeskineiris to our request for the right to use the user content you posted on your public social media posts, and/or by submitting content to Kineiris through the kineiris.com website (the ‘Submisson’ you automatically grant Kineiris , a royalty-free, irrevocable, transferrable, sublicensable, and non- exclusive perpetual license throughout the world to use the photographs, comments, artwork, and any related text (‘User Content’) in connection with Kineiris website, social media, accounts, emails to our customer list, advertisements and other promotional materials, including paid advertising. For avoidance of any doubt, this means that Kineiris may post, repost, share and otherwise distribute and reproduce the User Content in all Kineiris Media, now known or hereafter devised, including alongside and in combination with promotions for third party brands and products. If you delete or edit your submission post, after using the Kineiris hastags, or later turn the post to ‘private’, your agreement to these terms will still remain in effect.

You also waive to the full extent permitted by law any and all claims against us related to moral rights in the User Content. In no circumstances will we be liable to you for any exploitation of the User Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the User Content, for promotional purposes, including, without limitation, copyright, trademark, and rights of publicity and privacy. You affirm, represent and warrant that you and any person whose image appears in the User Content are 18 years of age or older. You affirm, represent, and warrant that your Submission and the User Content is in compliance with all terms and conditions of any third party website or application on which you post the Submission.

You shall not make any Submission that is inappropriate, indecent, obscene, hateful, tortious, defamatory, disparaging of Kineiris or any other brand or individual, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age.

You agree to indemnify, defend, and hold harmless Kineiris from and against any and all third-party claims, damages, liabilities, costs and expenses, including legal expenses and reasonable attorneys' fees, arising out of your Submission. You agree to be bound by the psyanalysis.com.au Terms and Conditions of Service, which are herein incorporated by reference.

You also grant Kineiris the right, but not obligation, to use the username or handle of the account used to make the Submission; we will, where commercially reasonable, credit your username or handle when publishing or reposting your Submission.

You agree that Kineiris may, but is under no obligation to feature the User Content on Kineiris Media, and should we choose to feature the User Content, we may, at its sole discretion, elect to remove the User Content from Kineiris Media at any time and without notice to you.

If you believe that any content on our media violates your privacy rights or intellectual property rights, please report it to us at info@kineiris.com.au. Instagram, Facebook, and Etsy are not sponsors of, administrators of, or in any way endorsers of us.

COPYRIGHT AND INTELLECTUAL PROPERTY

This website is owned and operated by Kineiris unless otherwise specified on the website, Kineiris owns the copyright with respect to all content on the website. Content includes images, artwork, text, graphics, logos, video clips, trademarks, software server information, and anything else hosted and published on this website. All rights to content, services, and server information are reserved. Any modifications made to the content of this website by a third party is a violation of Kineiris’ s copyright. Additionally, Kineiris website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Please consider the dedication put in by the artist’s work. Consider copyright laws before using any images, artworks or writing. Please respect the source of the artwork by following the guidelines:

You are permitted to use an image or artwork from the website on your personal website as long as a link to kineiris.com is visible with the image or artwork featured.

You are welcome to share and use these images or artwork as long as Kineiris website is featured and referenced.

All images and artwork are copyrighted by Kineiris. The use of any image, art or inspiration is only permitted when written permission is given by the artist.

The Kineiris logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of Australian Government IP Australia and/or other jurisdictions, including Kineiris graphics, logos, page headers, button icons, scripts and service names are the trademarks of Kineiris. All other trademarks not owned by Kineiris that may appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to Kineiris business.