Introduction

These Terms of Use, which include our Privacy Policy (Terms) apply to the Kismet website located at www.kismet.healthcare, and all associated web sites, sub-domains, platforms, forums or marketplaces (Site). The Site is owned and operated by Kismet Healthcare Pty Ltd (ABN 92 661 419 076) (collectively, Kismet, our, us, or we).

A User means a person who who access and uses our Site

A Provider is a person or entity offering the provision of products or services to Users, and who communicates with, or advertises to, Users via the Site.

If you have any questions about these Terms, please contact us at help@kismet.healthcare.

Acceptance of these Terms

1. Your use of the Site and/or our Services and its content (including text, images, media, sound, video, social media posts or downloadable documentation and newsletters) is governed by these Terms.
2. By using the Site, you agree to these Terms; if you do not or cannot agree, you must stop using the Site immediately.
3. These Terms apply to all use of the Site including your use of sections of the Site that are subject to additional specific terms and conditions which will apply even if you fail to review those specific terms and conditions.

Eligibility to use the Site

Unless otherwise expressly approved by us, any person under the age of 18 is not permitted to access or use the Site (unauthorised persons). An adult with appropriate representative capacity may access the Site on behalf of an unauthorised person subject to their acceptance of these Terms.

Kismet Marketplace

1. Kismet does not review or moderate Listings, and is not a party to any agreement formed between Users and Providers.
2. Kismet's role is to connect Users with a Provider only. Kismet is not a party to any agreement a User enters into with a Provider.
3. The User agrees that the Site and its content do not constitute professional medical, healthcare or other professional advice, diagnosis or recommendation of treatment and are not intended to, nor should they be used to, replace professional medical advice. In no circumstances should any content be relied upon by a User without independent consideration and confirmation by a qualified medical practitioner of that content.
4. Information provided by a Provider has not been reviewed or verified by Kismet. Kismet does not endorse, support or confirm the quality or appropriateness of the products or services listed. Any information contained in a Listing or Business Profile is not intended to replace consultation with a qualified professional. Please conduct your own research and seek appropriate and relevant independent advice prior to engaging a Service Provider.
5. If you believe there to be an improper statement on the Site, or have a query regarding a statement, please contact us at help@kismet.healthcare.

Kismet Account

1. Access to certain Services require you to create an account. In doing so, we will collect information from you that is necessary to create your Kismet account. We will use and disclose this information for the purposes of operating Kismet and other services, in accordance with our Privacy Policy. You must ensure that all information provided to us is accurate and remains up to date at all times.
2. As long as you comply with these Terms, we grant you (as the User of the Site) a personal, non-exclusive, non-transferable, limited licence to access and use the Site.
3. We do not guarantee that the Site will be accessible or functional (whether wholly or partly) at all times.
4. We may suspend or withdraw or restrict the availability of all or any part of our Site for business, operational or any other reason at any time. We will try to give you reasonable notice of any suspension or withdrawal (but are not required to do so).
5. You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
6. By holding a Kismet Account and providing personal information to us, you consent, and (where relevant) represent that where you provide personal information that relates to another person (such as a NDIS participant who meets the NDIS access requirements), that person has consented, to the collection, use, storage, disclosure and other handling of that information as described in these Terms and our Privacy Policy.

Privacy

1. We value your privacy and we take the security of your personal information seriously. Our Privacy Policy sets out how we will collect, hold, use and/or disclose your personal information.
2. These Terms incorporate our Privacy Policy and you are taken to have read and accepted our policy. By using the Service, you consent to the processing of your personal information described in ourPrivacy Policy, and warrant that all information and data provided by you is accurate.

Communications

1. When you give us your email address, you are consenting to receiving all required notices and correspondence from us via email to your email address. You must contact us immediately if there are any changes to your email address.
2. Where you enquire about a Provider or a particular service offered by third parties we may share the personal information you supply to the Provider so that they may assist you with with your enquiry.
3. We may also use your email to respond to a query that has been submitted via the Site.
4. By using the Site, or communicating with us by e-mail, you acknowledge and agree that Internet transmissions, including e-mails, are never completely private or secure. This means that even if a particular transmission is encrypted, you understand that any message or information you send to the Site may be read or intercepted by others.

Warranty

1. We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to legislation to the extent that those conditions, warranties, rights and remedies cannot be excluded by agreement (non-excludable rights).
2. Subject to any non-excludable rights: (a) the Site and its content are provided on an "as is" basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the Site) are excluded.
3. If you find any errors or omissions, please report them to us immediately at help@kismet.healthcare.

Indemnity

You must indemnify Kismet and keep us indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by us arising from your breach of these Terms or otherwise howsoever from or in connection with your use of the Site.

Liability arising from use of the Site

1. Subject to any non-excludable rights: (a) your use of the Site is entirely at your own risk; (b) you hereby release us from any claims you would otherwise have against us now or in future arising directly or indirectly from the Site or your use of the Site; and (c) in no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, or arising from your inability to participate in any promotion offered on the Site whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in the Site's performance and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the Site or your attempted use of the Site.
2. If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these Terms, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or Services again or payment of the cost of providing the information, products or Services again (at our election).
3. We are the owner or the licensee of all Intellectual Property in the Site and its content and our Services (unless expressed to the contrary).
4. Title and ownership of our Intellectual Property shall not be transferred by virtue of your use of the Site or our Services.
5. Where you upload information and data to our Site, you:
   • warrant that you have a right to provide us with that information and data;
   • warrant that our storage and processing of that information and data will not infringe any third party's legal rights;
   • grant us with a perpetual, royalty-free, world-wide, assignable and sub-licenceable licence to use that information and data for the purpose of providing you, our clients and users with our Services and content, and for our own internal purposes.
6. Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or our Site, in whole or in part.
7. You agree that you will not seek to reverse engineer, decompile or otherwise reproduce the Site or any of our Services or content.
8. You must not use our name, all related names, logos or trade marks, or the trade marks of our affiliates or licensors without our prior written consent.
9. You agree to not offer our Services or content for resale to any third party.

Miscellaneous Provisions

1. We may from time to time change, modify, add or remove portions of these Terms. Amendments will be effective immediately upon notification on the Site. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
2. If any of these Terms are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.
3. No waiver by us, in exercising any right, power or provision in this document shall operate as a waiver of any other right or of that same right at a future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
4. If a dispute arises out of or in connection with these Terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
5. Kismet is not liable for any breach of our obligations resulting from causes beyond our reasonable control including internet outages, pandemic, epidemic, pestilence, strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.
6. These Terms record the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.
7. These Terms and any transactions governed by it will be governed by and construed in accordance with the law of Victoria. You submit to the exclusive jurisdiction of courts in Victoria.

Terms and Conditions: Marketplace Subscriptions

Please read these Terms and Conditions carefully before choosing a plan. By selecting a plan, you agree to be bound by these Terms and Conditions. These terms and conditions ("Terms") govern the use of the free Small Plan upgrade offered by Kismet Healthcare ("Kismet") to eligible providers. By participating in this program, providers agree to abide by these Terms.

Plan Descriptions and Cost

a. Free Plan
It includes the ability to claim your listing. There is no monetary charge associated with this plan. Please note that this plan does not provide access to advanced features.

b. Starter Plan
Monthly subscription fee of $165 ex. GST (when paid monthly), or $127 ex. GST (when paid as a 6-month subscription, equivalent to $762 per 6 months) or $87 ex. GST (when paid annually, equivalent to $1044 per year, excluding GST).

6-Month and Annual subscriptions are paid in advance and as a single payment. Minimum 3-month sign-up requirement for Monthly plan sign ups.

c. Standard Plan
Monthly subscription fee of $330 ex. GST (when paid monthly), or $253 ex. GST (when paid as a 6-month subscription, equivalent to $1518 per 6 months) or $175 ex. GST (when paid annually, equivalent to $2100 per year, excluding GST).

6-Month and Annual subscriptions are paid in advance and as a single payment. Minimum 3-month sign-up requirement for Monthly plan sign ups.

d. Pro Plan
Monthly subscription fee of $550 ex. GST (when paid monthly), or $451 ex. GST (when paid as a 6-month subscription, equivalent to $2706 per 6 months) or $351 ex. GST (when paid annually, equivalent to $4212 per year, excluding GST).

6-Month and Annual subscriptions are paid in advance and as a single payment. Minimum 3-month sign-up requirement for Monthly plan sign ups.

Billing

Subscription fees are payable monthly or annually depending on the selected plan and exclude Goods and Services Tax (GST). All payments will be processed through the payment system, Stripe. Upon subscription, you will be requested to provide your bank details for processing payments.

Cancellation and Refunds

Monthly plan holders may end their subscription at any time after the initial 3-month sign-up period however must provide 30 days notice should they wish to end their subscription. Annual Plan holders may choose not to renew their subscription after a year. Annual Plan holders must pay the entire cost of the plan in one upfront payment before the features of the selected plan are added to their Listing. Refunds for the current billing cycle will not be issued upon cancellation.

Usage and Access

Subscribers are responsible for maintaining the accuracy of their listings and managing and converting their leads and enquiries however Kismet Healthcare will offer support where and when possible.

Data Privacy

Personal and business data collected during the subscription process will be used as outlined in our Privacy Policy

Changes to Plans and Pricing

We reserve the right to modify plan features and pricing with advanced notice however will provide all plan holders with a minimum of 30 days notice before any changes are made to their subscription.

Termination

We reserve the right to terminate any plan in cases of misuse, fraudulent activity, or violation of these Terms and Conditions.

Limitation of Liability

We are not liable for any losses, damages, or costs incurred as a result of using the subscription plans.

Governing Law

These Terms and Conditions are governed by the laws of the jurisdiction in which our company is based. By selecting a plan, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you have any questions or concerns, please contact our customer support. Please note that the above Terms and Conditions are provided as a general template and may need to be reviewed by legal professionals to ensure they accurately reflect the specific details and legal requirements of your business and jurisdiction.