Terms and Conditions

Terms & Conditions of Use


The website http://www.kidopaint.com/ (Site) and the associated Kido Paint mobile application (App) (collectively referred to as “Services”) are developed and operated by KIDO PAINT (ABN 32519695710) (we, our or us).
These Terms & Conditions of Use and our Privacy Policy (available on our Site) (Terms) govern your use of the Services and form a binding contractual agreement between you, the user of our Services and us. For that reason, these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use any of our Services.
The following is a summary of some of the important terms and conditions set out more fully below. This summary is provided for your convenience only. If there is any conflict between this summary and the terms and conditions that follow this summary, the terms and conditions following this summary will prevail.
1. By accessing or using our Services you agree to these terms and conditions and our Privacy Policy. If you do not agree with these terms and condition you must cease using them immediately.
2. We can vary these terms and conditions at any time. We do not need to notify you. You should ensure that you check the Site regularly to ensure that you are aware of our current terms and conditions.
3. We grant you a non-exclusive licence to use our Services. The licence cannot be transferred and may be revoked at any time for breach of these terms and conditions.
4. You require an account to use our Services. You must provide us with true, accurate and current information about yourself. You must keep your password confidential and notify us immediately of any unauthorised use of your password, account or any other breach of security. 5. If there is a price associated with your use of our Services, you agree to pay the price stated at the time you created your account. We may change our pricing at any time. You are also responsible for ensuring that all your payment information is current and correct. We are not liable for any third-party charges incurred as a result of your use of our Services.
6. You must not use our Services for any unlawful purposes or do anything that we would consider inappropriate or which might bring us, our Services into disrepute. 7. You must not use our Services in any way to compete with us. 8. Any information provided on our Services is not comprehensive and is for general information purposes only. We do not represent or warrant that any information is accurate or complete.
9. We own or licence all rights, title and interest in our Services and all Content. 10. If you provide any content on our Services, you grant us a licence to use the content in any way without restriction and you promise that you have all rights necessary to grant that licence to us. You are solely responsible for all User Content that you make available on or through our Services."

Consent


By accessing and/or using our Services, you agree to these Terms. Please read these Terms carefully. If you do not agree with the Terms you must cease using our Services immediately.

Variations


We may vary these Terms at any time and at our discretion by publishing the varied terms on our Site. It is your responsibility to check our Site regularly to ensure you are aware of our current terms.
The materials and information provided by our Services (Content) are subject to change without notice. We do not undertake to keep our Services up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Services


We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Services in accordance with these Terms. All other uses are prohibited without our prior written consent.

Registration


You agree to submit only true, accurate, current and complete information about yourself as prompted by the Services registration procedures (Registration Data), including but not limited to your credit card information or payment information. You agree to maintain and regularly update the Registration Data to keep it true, accurate, current and complete. As part of the Registration Data, you must provide us with your name, email address, country and a phone number. If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect that you have provided such information, we any suspend or terminate your account and refuse any and all current or future use of the Services, or any part of the Services.

User accounts and security


The login details associated with your account including username and password must not be shared with any other person. You agree that you are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
From time to time we, or our agents, may require access to your user account to respond to service or technical issues. Subject to legislative conditions, we may send emails, newsletters and other information to your user account

Accounts and subscriptions


To use the Services, you require an account and a subscription. You must create an account in order to subscribe to the Services. A subscription provides you with access to the Services. If any misuse of your login details is detected or suspected by us your account may be terminated and you will not be eligible for a refund. If your account is terminated for any reason all data or information added or created by your use of the Services may be deleted or removed by us at our discretion.
We do not warrant or guarantee that any of your data or information will be available if your account is terminated for any reason and you subsequently renew or reactivate your account.

Pricing


When you create an account, you agree to pay the subscription and service price stated inside the application before you complete your orders. You also agree to the billing frequency specified at the time of creating your account (if any).
We reserve the right to change the subscription and service prices at any time. Price changes will take effect from your next billing date. If you do not wish to continue your subscription at the revised price, you may cancel your subscription before the end of your current direct debit pay cycle.
All prices are in Australian Dollars (AUD) only unless it is specifically displayed otherwise.

Processing and payment


Valid payment details must be provided to us before you commence using the Services. If you fail to do so your access may be revoked, and your account may be terminated without further notice to you.
We will process your payment as promptly as possible. If your payment authorisation is revoked at any time, your access will be revoked and your account may be terminated without further notice to you. We reserve the right to reject any subscription at any time. Your subscription will renew automatically unless you cancel your subscription.
Payment for your orders will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date. You can manage these online through the Services. If your payment method is invalid, or your payment is otherwise rejected, your access will be revoked, and your account may be terminated without further notice to you.
All charges are non-refundable, except as required by the Australian Consumer Law, and are due in advance.

Third party fees and charges


We are not liable to you for any claims related to charges or purchases made through third parties. Please contact the third party directly to address these claims. When you use your subscription or orders, you may incur other additional changes,such as telecommunications fees, data fees or service provider fees.
You are responsible for paying any additional charges. You indemnify us against all claims in respect of fees and charges payable to third parties as a result of your use of the Services.

Prohibited conduct


You must not do or attempt to do anything that is unlawful or prohibited by any laws applicable to our Services. You must not do or attempt to do anything which we would consider inappropriate or which might bring us or our Services into disrepute including, but not limited to:
• anything that may be a breach of an individual’s privacy or any other legal rights;
• using our Services to defame, harass, threaten, menace or offend any person;
• interfering with any user using our Services;
• tampering with or modifying our Services, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Services, including (without limitation) using Trojan horses, viruses or piracy or programming routines that may damage or interfere with our Services;
• using our Services to send unsolicited email messages; or
• facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors


You are prohibited from using our Services, including any Content, in any way that competes with our business. Our Services is for your personal, non-commercial use only. You must not use our Services, or any Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us

Information


The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law

Intellectual Property rights


Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Services and all Content. Your use of our Services and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Services or Content. You must not:
• copy or use, in whole or in part, any Content;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate
any Content to any third party; or
• breach any intellectual property rights connected with our Services or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content


You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Services. By making available any User Content on or through our Services, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Services.

You agree that you are solely responsible for all User Content that you make available on or through our Services. You promise that:
• you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
• neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites


Our Services may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.
You should make your own investigations with respect to the suitability of those websites.

Discontinuance


We may, at any time and without notice to you, discontinue our Services, in whole or in part.
We may also exclude any person from using our Services, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers


To the maximum extent permitted by law, we make no representations or warranties about our Services, our App or Content, including (without limitation) that:
• they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
• access will be uninterrupted, error-free or free from viruses; or • our Services will be secure.
You read, use and act on our Services at your own risk.

Limitation of liability


To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Services and/or the Content and/or any inaccessibility of, interruption to or outage of our Services and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity


To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Services or any breach of these Terms or any applicable laws by you.
This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.
It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination


These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes


In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party),
meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.
If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice,the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance


If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part),
that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction


Your use of our Services and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Services may be accessed throughout Australia and overseas. We make no representation that our Services comply with the laws (including intellectual property laws) of any country outside Australia. If you access our Services from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Services.

For any questions and notices, please contact us at:
KIDO PAINT (ABN 32519695710),
Email: customercare@kidopaint.com,
Last update: 02 January 2020

Refund Policy


We are not required to provide a refund or replacement if you change your mind. If we find your uploaded material inappropriate for kids in any way or the image is not clear enough to include all details, we will ask you to replace the uploaded item only one more time. If you still insist in uploading inappropriate or unclear content, we may shut down your account and you agree not to ask for refund. You agree that we have complete freedom to add/remove/modify some parts of the original uploaded image as long as it is not significantly different from your original uploaded image. We also have freedom to add animation, sounds, music, special effects and whatever we think will make our final product more entertaining for you and your kids. Also, if the delivered AR model is significantly different looking compared to what you have uploaded, you can ask for refund via our website, mobile app or direct email to customercare@kidopaint.com.