Please review these Terms carefully before using the Kasada Websites.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE KASADA WEBSITES.
Kasada may, without notice to you, at any time amend these Terms and any other information contained on the Kasada Websites. Your continued use of the Kasada Websites after any changes to these Terms have been posted will be considered your acceptance of those changes.
SCOPE OF TERMS
OWNERSHIP OF CONTENT
The Kasada Websites; their past, present and future versions; all pages found within the Kasada Websites; the material and information on the Kasada Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the Kasada Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Kasada, and are protected by intellectual property laws (the “Intellectual Property Laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Kasada Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property Laws, as well as any specific notices contained on the Kasada Websites. All rights not expressly granted are reserved.
The Kasada Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Kasada’s express prior written authorisation. You are granted permission to display on your computer, print and download the Content on the Kasada Websites solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on the Kasada Websites are open source Content and documents subject to the applicable open source licence and are so marked. Your use of those materials is governed by the individual applicable licence. Unauthorised use of the Kasada Websites or the Content contained on or available through the Kasada Websites or any linked websites may violate applicable Intellectual Property Laws or other laws.
The Kasada Websites, Online Channels and the Content may contain user or third party submitted content, such as feedback and suggestions, posts or submissions and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. Kasada does not claim ownership of the Submissions and to the full extent permitted by law shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by Kasada and are provided solely for convenience to Kasada customers and Website users. Kasada reserves the right to monitor, restrict access to, edit or remove any Submissions available via the Online Channels.
Notice and Takedown of Material. Kasada encourages you to report material that you believe warrants removal from the Kasada Websites or Online Channels based on applicable laws. If you would like to report such material for removal, please email firstname.lastname@example.org . If you believe that any of the material on the Kasada Websites infringes your copyright, please email email@example.com to submit a “Copyright Infringement” notice. Following Kasada’s receipt of your report of material that you believe warrants removal or Copyright Infringement notice, as applicable, Kasada will contact you as quickly as reasonably possible. Kasada may request that you provide additional information as necessary to investigate your specific report of material that you believe warrants removal and/or in connection with your Copyright Infringement complaint.
Kasada retains copyright and/or applicable rights to all text and graphic images supplied on Kasada Websites including in the Content.
You may print or download the information on Kasada Websites for your own personal, non-commercial and educational use. Unless permitted by mandatory rules of law, you may not distribute any text, graphics or Content featured on Kasada Websites to others without the express written permission of Kasada, “mirror” this information on your own website without written permission from Kasada, or modify or re-use in any way the text, graphics or Content on this site.
You may not use the Kasada Websites, Content or Online Channels for any purpose or in any manner that infringes the rights of any third parties.
The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Kasada Websites are either common-law trademarks or registered trademarks of Kasada or its subsidiaries and affiliates, and are protected by trade mark and other laws in Australia, United States, the European Union and other countries, and in accordance with certain international laws and treaties.
Use of Kasada Marks is prohibited unless expressly authorised by Kasada. You are not permitted to use any Marks displayed on the Kasada Websites, metatags or any other “hidden text” utilising Marks of Kasada and its licensors, without the prior written permission of Kasada or such third parties who may own the Marks. Without the express prior written consent of Kasada, no Kasada Mark may be used in a manner that implies an affiliation with, approval by, endorsement of or sponsorship by Kasada. All Marks remain the sole property of their respective holders.
The names of actual companies and products mentioned on the Kasada Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Kasada. Nothing contained on the Kasada Websites should be construed as granting, by implication or otherwise, any licence or right to use any Marks displayed on the Kasada Websites.
YOUR USE OF THE KASADA WEBSITES
Password Protected Areas. Access to and use of password protected areas of the Kasada Websites, including the “Support Portal”, is restricted to authorised users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the Kasada Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to Kasada; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify Kasada immediately of any unauthorised access or use of your account or password or any other breach of security. You understand that any person with your password may be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorised access to your account. To the full extent permitted by law, Kasada will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by Kasada or any other user or visitor to the Kasada Websites due to someone else using your password or account, or because of your non-performance under these Terms. You may not use anyone else’s account at any time, without the permission of the account holder.
Kasada is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. Kasada reserves the right to terminate your access to Online Channels at any time, without notice, for any reason whatsoever.
You represent and warrant that you own or otherwise have permission to submit any such Submissions and related materials to Kasada and that you are lawfully able to grant Kasada the rights described herein.
No Unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Channels any content or Submission that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorised disclosure of personal data or confidential information; (iii) infringes any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; or (iv) contains harmful and/or malicious code, viruses, Trojan horses, worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
You also agree not to use the Kasada Websites or Online Channels to: (i) impersonate an employee or a representative of Kasada, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorised communication; (iv) attempt to gain unauthorised access to any portion or feature of the Kasada Websites or any other system or networks connected to the Kasada Website or any other services offered through the Kasada Websites, and/or other accounts not belonging to you, or violate the security of any portion of the Kasada Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Kasada Website or Online Channels through any means; (vi) attempt to interfere with the proper working of the Kasada Websites or any transaction being conducted on the Kasada Websites or to restrict or inhibit any other user from accessing or using the Kasada Websites, by means of hacking or defacing any portion of the Kasada Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Federal Trade Commission, U.S. Department of Commerce and the Office of Foreign Assets Control, as well as the European Union, United Kingdom and Australian counterparts.
The information contained in this Website is for general information purposes only. The information is provided by Kasada, and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
THIS WEBSITE IS PROVIDED AND/OR LICENSED “AS-IS”, AND KASADA MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. KASADA AND ITS PARTNERS AND SUPPLIERS MAKE NO WARRANTY THAT USE OF THE WEBSITE OR THE SERVICES ACCESSIBLE FROM THIS WEBSITE SHALL BE UNINTERRUPTED, ERROR-FREE OR DEFECT-FREE, OR AVAILABLE AT ALL TIMES. KASADA SPECIFICALLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS PARTNERS AND SUPPLIERS, ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
OTHER TERMS AND CONDITIONS
Your Purchase of Services and Services Availability. Separate terms and conditions apply to your subscription purchase of services from Kasada (“Subscription Services”). Kasada’s obligations with regards to its Subscription Services are governed solely by such separate terms and conditions, and nothing contained on the Kasada Websites or in these Terms shall be construed as to alter the terms and conditions that are specific to such Subscription Services and which are subject to a negotiated agreement with our customers. The materials on the Kasada Websites with respect to Subscription Services may be outdated, and Kasada makes no commitment to update such material. Not all Subscription Services mentioned in these materials will be available in your country, and such references do not imply that Kasada will make available such Subscription Services in your country. Please consult your local Kasada sales representative for information regarding the availability of particular Subscription Service offerings in your country.
Promotions. The Kasada Websites may contain or offer promotions or other similar features, which may be subject to a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
LINKING TO KASADA WEBSITES
We greatly appreciate your efforts in letting your clients know about us. You may link to the Kasada Websites by using a text link and linking to a Kasada Website homepage. Linking directly to any other webpage or content within the Kasada Websites is prohibited without Kasada’s prior written permission. Kasada only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around any content on the Kasada Websites or any pages on the Kasada Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the Kasada Websites; (iii) misrepresent your relationship with Kasada or otherwise create a false affiliation, connection or association with Kasada; (iv) imply that Kasada approves or endorses you, your website, or your services or product offerings; (v) present a false or misleading impression about Kasada or otherwise damage the goodwill associated with the Kasada name or Marks; (v) use Kasada Marks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilise Kasada name, Marks, colours, logos or any other brand features of Kasada, nor your relationship with Kasada for purposes of or in any manner which intentionally gives rise to advertising or publicity without Kasada’s prior written permission; (vii) violates these Terms and/or any other applicable agreements you have entered into with Kasada (or one of Kasada’s Affiliates), or (viii) violates any applicable laws. As a further condition to being permitted to link to the Kasada Websites, you agree that Kasada may at any time, in its sole discretion, terminate permission to link to the Kasada Websites. In such event, you agree to immediately remove all links to the Kasada Websites and to cease using any Kasada Marks. Kasada reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Kasada Websites.
Except for the link logos as provided by Kasada, you may not use the Kasada corporate logo or any other brand feature or Marks to link to the Kasada Websites.
LINKS TO THIRD PARTY WEBSITES
The Kasada Websites may contain links and references to non-Kasada websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave Kasada Websites and access Linked Websites, you do so at your own risk and Kasada will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such Linked Website. Kasada has not reviewed the Linked Websites, and Kasada is not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on Kasada Websites does not imply approval or endorsement by Kasada of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain a Kasada logo, are independent websites, and Kasada does not control the content on that Linked Website. Additionally, Kasada is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from Kasada, by way of reference or link provided on the Kasada Websites.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you expressly understand and agree that Kasada and any contributor to the user-generated content via Online Channel (“Kasada Licensors”) SHALL NOT BE LIABLE to you for:
1) any loss or damage (including but not limited to special, indirect or consequential loss or damage) which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes Kasada and Kasada Licensors may make to the Kasada Websites, Online Channels and Content, or any temporary interruption or permanent cessation in the provision of the Online Channels and Content, or, if applicable, your failure to safeguard your account details or passwords;
2) any loss or damage (including but not limited to special, indirect or consequential loss or damage) which you may incur as a result of your leaving the Kasada Websites and accessing Linked Websites. This includes without limitation any loss or damage (including but not limited to special, indirect or consequential loss or damage) that you may incur as a result of any reliance placed by you on the accuracy, completeness or suitability of the content on Linked Websites;
3) to the full extent permitted by law, any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential damages arising out of or in connection with your use of, your inability to use, or results of the use of the Kasada Websites, Online Channels and Content and any Linked Websites (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Kasada and Kasada Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such loss or damages, however they arise, whether in breach of contract, negligence or other tortious action.
Nothing in these Terms shall exclude or limit liability to a greater extent than is permitted by applicable law, and nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by our negligence.
Thank you for reading through these Terms. Now please enjoy our Kasada Websites.
© Kasada Pty Ltd.
Effective Date is: 3 March 2022