TERMS OF USE

Licence Details
Your Obligations
Warranties
Kyle B Hand Intellectual Property Rights
Trade Marks
Subscription Services
Indemnity
Disclaimer
Terms Of Licence
Amendments To this Licence
Waiver
Jurisdiction
Definitions

As a user of the Kyle B Hand Pty Ltd website (‘www.kylehand.com.au’), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.

Licence Details
By allowing you to access the website, Kyle B Hand grants to you a licence. By accessing the website, you accept the terms and conditions of this licence.

Pursuant to this licence and subject to the absolute right of Kyle B Hand to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:

View the material in the website.
Access material contained in the website

Use the website strictly in accordance with the provisions of this licence.
If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so.

However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from Kyle B Hand, and upon payment of any fee required by Kyle B Hand to be paid by you for that use.

Your Obligations

You hereby undertake the following obligations:

To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of Kyle B Hand, except as expressly authorised by this licence.

To ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the terms and conditions of this licence.
To not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of Kyle B Hand.

To not use the material in the website for, or in connection with, a service bureau operation.

Warranties

Kyle B Hand does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause Kyle B Hand to be in breach of the terms of this licence.

Kyle B Hand reserves the right to change, add or remove any material in or from the website without notice.

Kyle B Hand does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded and Kyle B Hand will not be liable for any direct, special, indirect or consequential damages, losses, expenses or costs arising out of a breach of this licence, the supply of a defective program, or any error, omission or misrepresentation in any material on this website. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of Kyle B Hand for breach of any such implied term will be limited, at the option of Kyle B Hand, to any one or more of the following:

The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
The repair of such goods or services.
The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
The payment of the cost of having the goods repaired or the services performed again.
When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Kyle B Hand which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Kyle B Hand(which material may be out of date or superseded).

Kyle B Hand Intellectual Property rights
You acknowledge that the material in the website is the subject of copyright© and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this licence.

Trade marks
‘Kyle B Hand’ and all associated trade marks, whether registered or unregistered, are trade marks of Kyle B Hand Pty Ltd and Kyle B Hand and their related bodies corporate.

Access to or use of the website does not constitute or create a licence except as expressly provided in these Terms and Conditions or any other right to use Kyle B Hand‘s name, trade marks, copyright or any other intellectual property.

Subscription services
Subscribers to services of the website may store in digital format in computer terminals, databases or other repositories material which is supplied in the normal course of a subscription.

Password access is restricted to a single subscriber.

Passwords and user names must not be distributed to any other person, body or corporation.

Subscribers must take due care to protect the copyright of materials from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. In the event that a subscriber breaches this duty, or if it is found that a subscriber’s conduct violates applicable law, Kyle B Hand may immediately suspend or terminate a subscriber’s subscription without notice.

Indemnity
You must indemnify and keep Kyle B Hand indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Kyle B Hand may incur to a third party or you as a result of your breach of the provisions of this licence.

This website may contain hyperlinks to other websites operated by third parties. You accept that Kyle B Hand has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party’s website.

Users are prohibited from placing a link to the website without the prior written consent of Kyle B Hand and on terms satisfactory to Kyle B Hand.

Disclaimer
You accept that Kyle B Hand takes no responsibility for any error or omission relating to the material contained in the website.

You accept that Kyle B Handmakes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that Kyle B Hand will not be held liable for any lapse in the website’s accessibility, or

Terms of licence
This licence commences upon your accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by Kyle B Hand if you are in breach of any terms of this licence.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by Kyle B Hand

Termination pursuant to this clause shall not affect any rights or remedies, which Kyle B Hand may otherwise have under this licence or at law.

Amendments to this licence
These are the current terms and conditions of the licence.

Kyle B Hand may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, Kyle B Hand has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.

Waiver
Failure or neglect by Kyle B Hand to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Kyle B Hand under this licence.

Jurisdiction
This licence shall be governed by and construed according to the laws of the State of South, Australia, Australia.

Definitions
‘Kyle B Hand’ means Kyle B Hand Pty Ltd, all of its related bodies corporate, Kyle B Hand and all of its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.

‘Hyperlink’ means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

‘Intellectual Property’ means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Kyle B Hand websites.

Website Security and Privacy Statement
About this security and privacy statement
Security of information
Information collected
Collection of IP addresses
Advertising and tracking
Cookies
How we handle email
Use and disclosure of information
Acceptance and changes of Security and privacy statement
About this Security and Privacy statement
This Security and Privacy Statement applies to this website which is operated by Hand Property Co Pty Ltd (ABN 68 165 313 397) (“Kyle B Hand”) under the domain name “www.Kyle B Hand.com.au” (“Kyle B Hand Web Site”). The Kyle B Hand Web Site is operated on behalf of Kyle B Hand and its related bodies corporate (together called the “Kyle B Hand Group”). The information described in this Security and Privacy Statement may be shared between members of the Hand Property Co Group.



This Security and Privacy Statement may also apply to services offered by Kyle B Hand on websites hosted by third parties. If so, express reference to this Security and Privacy Statement will be made on those websites.



Kyle B Hand understands and appreciates that you, as a Kyle B Hand website visitor, are concerned about your privacy and about the confidentiality and security of information we may gain about you online. Kyle B Hand is committed to protecting your privacy. This Kyle B Hand Security and Privacy Statement explains how your personal information will be treated as you access and interact with the Kyle B Hand website.



As the Kyle B Hand website develops and as technology evolves, Kyle B Hand will continue to strive to provide you with better and more customised services and with a more effective website.



Kyle B Hand encourages you to review the Security and Privacy Statement periodically because the Security and Privacy Statement may change from time to time.



The Kyle B Hand Privacy Statement explains how Kyle B Hand generally protects your privacy and confidentiality. The principles set out in the Kyle B Hand Privacy Policy also apply to Kyle B Hand websites.



In addition to the provisions of this Security and Privacy Statement, there may also be specific and additional privacy provisions which apply to certain sections of the Kyle B Hand website. Because those specific and additional provisions also relate to your privacy protection, you should review them wherever they are accessible by you on the Kyle B Hand website. In the event of any inconsistency between the provisions of this Security and Privacy Statement and those other specific and additional provisions, the specific and additional provisions will prevail.

Security of information
Kyle B Hand takes reasonable steps to preserve the security of cookie and personal information in accordance with the Kyle B Hand website Terms of Use and this Security and Privacy Statement. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted).

Kyle B Hand regularly reviews developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.

Accordingly, although Kyle B Hand strives to protect such information, Kyle B Hand cannot ensure or warrant the security of any information you transmit to us or from our online products or services and you do so at your own risk. Once we receive your transmission, we take reasonable steps to preserve the security of the information in our own systems.

Information collected
The information that Kyle B Hand collects about you is dependent on how you use the facilities offered by the Kyle B Hand website.



If you visit an unsecure area of the Kyle B Hand website (that is, an area where you are not required to log on) to read, browse or download information, our system will record the date and time of your visit to our site, the pages viewed and any information downloaded. However, our systems will not record any personally identifiable information.



The Kyle B Hand website offers a number of interactive facilities including tools. We may generally capture personal information that you may enter when using these tools. In that case the information is stored on our systems so for our use at a later stage.



If you decide to complete an online application form or online survey, the information that you enter into the online form or survey will only be collected by Kyle B Hand if you submit your online application or survey. If at any stage you cancel your application or log out prior to submitting your application or survey, the information you have entered up to that point will be automatically deleted.



The Kyle B Hand website also contains links to the websites of third party providers of goods and services (“Third Party websites”). If you have accessed Third Party websites through the Kyle B Hand website and if those third parties collect information about you, Kyle B Hand may also collect or have access to that information as part of our arrangements with those third parties.



Where you access a Third Party website from the Kyle B Hand website, cookie information, information about your preferences or other information you have provided about yourself may be shared between us and the third party.

Third Party websites should contain their own privacy statements and those third parties are responsible for their own privacy practices.

Collection of IP addresses
It is necessary for Kyle B Hand to collect your IP address for your interaction with various parts of the Kyle B Hand website. Your IP address is the identifier for your computer when you are using the internet.

We store your IP address for security and audit purposes. Your IP address will not be used by us or released to any third party except in the case of security, inappropriate behaviour or fraud issues, such as unauthorised access to your or our computer systems or fraudulent transactions.

Advertising and tracking
Kyle B Hand may deliver its online advertising where Kyle B Hand banner advertisements are placed on Third Party websites (‘Advertising Company’).



When you view a Kyle B Hand advertisement on a Third Party website, the advertising company uses ‘cookies’ and in some cases ‘web beacons’ to collect information such as:



The server your computer is logged onto.
Your browser type.
The date and time of your visit.
The performance of their marketing efforts.


When you access the Kyle B Hand website after viewing a Kyle B Hand advertisement on a Third Party website, the advertising company collects information on how you utilise the Kyle B Hand website (eg which pages you view) and whether you complete an online application.



In addition, Kyle B Hand may use a tracking company/ companies to collect information on how you utilise the Kyle B Hand website. This/ these tracking company/ companies also use cookies to collect information similar to that collected by the advertising company.



The advertising company and tracking companies (‘companies’) use that information to perform statistical analyses of aggregate user behaviour, but those analyses are not based on personal information. Kyle B Hand uses those analyses to measure advertising effectiveness and relative consumer interest in the various areas of the Kyle B Hand website. As a general rule, no personal information is collected by the Companies in this process. If, however, any information is automatically collected, these companies are required under their arrangements with Kyle B Hand to maintain the privacy and confidentiality of that personal information.



We may disclose the information collected by a Company, in an aggregate form only, to third parties including advertisers or potential advertisers.

Cookies
A “cookie” is a small text file placed on your computer by our web page server. A cookie can later be retrieved by our webpage servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser.



Kyle B Hand uses cookies for two different purposes. We allocate a cookie to each Internet browser that visits the Kyle B Hand website. This cookie does not allow us to collect personally identifiable information about you. We use this cookie:



to allocate an Kyle B Hand identification number to your Internet browser (but we cannot identify you from this number);
to determine if you have previously visited the Kyle B Hand website;
to identify pages you have accessed and Third Party websites you have accessed; and for security purposes.


Most of the Kyle B Hand website operates by using this type of cookie.



Accordingly, if you wish to make full use of the Kyle B Hand website, it is required that you accept cookies.



Kyle B Hand also uses cookies for secure services (that is, an area where Kyle B Hand uses encryption) on the Kyle B Hand website. These cookies are used for a variety of purposes, including for security and personalisation reasons. If your browser is configured to reject all cookies you will be unable to use secure services on the Kyle B Hand website that require cookies in order to participate. Those services include (but are not limited to):



Online applications;
Online surveys.


You may still be able to use some information-only pages even if you do not accept cookies.

How we handle email
We will preserve the content of any e-mail that you send us, if we believe that we have a legal requirement to do so. Your e-mail message content may be monitored by our Kyle B Hand employees for security issues including where e-mail abuse is suspected; our response to you may be monitored for quality assurance issues.

Use and Disclosure of Information​
We will only use or disclose personal information or information generated by cookies in accordance with the Kyle B Hand Privacy Policy, specific and additional provisions relating to privacy which apply to certain areas of the Kyle B Hand website and as otherwise set out in this Security and Privacy Statement.

Acceptance and Changes to Security and Privacy Statement
You acknowledge and accept that your use of the Kyle B Hand website indicates your acceptance of the Kyle B Hand website Terms of Use and the Security and Privacy Statement.



This is the current Security and Privacy Statement. It replaces any other Security and Privacy Statement for the Kyle B Hand website published on the Kyle B Hand website to date. Kyle B Hand may at any time vary the Security and Privacy Statement by publishing the varied Security and Privacy Statement on the Kyle B Hand website. You accept that by doing this, Kyle B Hand has provided you with sufficient notice of the variation.