This Copyright and Trademark Notice applies to the Kaybydesign.com.au website and all other pages and websites owned or operated by or on behalf of Kay by Design Corporation Proprietary Limited (“we“, “our “or “us“) (each a “Kay by Design website“).
All copyright and other intellectual property rights subsisting in the Kay by Design websites and the material on the Kay by Design websites (including, without limitation, the software, design, text and graphics comprised in the Kay by Design Websites and the selection and layout of the Kay by Design websites) are owned or licensed by us and protected by the laws of Australia and other countries.
You are authorised to view the Kay by Design websites and its contents using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Kay by Design websites, including audio and video excerpts, except as permitted by statute or with our prior written consent.
Our trade marks
The Kay by Design websites include registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word KBD, the KBD mark and logo.
You may not use any of these trademarks, the names ‘Kay by Design Corporation Limited’, ‘Kay by Design Corporation’ or ‘Kay by Design’ or the name of any of our related companies without our prior written consent.
Links to third party sites
The Kay by Design websites may contain links to third party websites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites solely at your own risk.
Linking to the Kay by Design websites
You may create a link to pages of the Kay by Design websites. However, you must not:
- display any page of the Kay by Design websites in any distorted or altered form;
- create a link to the Kay by Design websites on any site unless that site conforms to accepted standards of public decency and good taste, does not expose us to any risk of liability under any criminal or civil law (including liability arising from the infringement of a third party’s rights) and does not disparage us or our goods or services; or
- create any link or use any link in any way to represent or imply falsely, deceptively or confusingly that:
- we sponsor, endorse or are affiliated with or related to any third party (including you) or product; or
- you are providing, or are the source of, any goods or services provided by us.
We reserve the right to withdraw linking permission by giving notice to you or updating this Copyright and Trademark Notice.
You agree to indemnify us against all actions, claims, costs, demands, damages or liability arising in any manner from any link that you create.
Associated Press Disclaimer and Copyright Notice: Associated Press (AP) text, photos, graphics, audio and video Associated Press (AP) text, photos, graphics, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither AP materials nor any portion thereof may be stored in any electronic or other system except for personal, non-commercial use. AP will not be held liable in any way to the User or to any third party for any delays, inaccuracies, errors or omissions in respect of such materials and works, the transmission or delivery of such materials and works or any loss or damage arising from any of the foregoing.
AAP Information Services Disclaimer and Copyright Notice: © [20##] AAP Information Services Pty Limited (AAP) or its Licensors: AAP content is owned by or licensed to Australian Associated Press Pty Limited and is copyright protected. AAP content is published on an “as is” basis for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of AAP. AAP and its licensors are not liable for errors, omissions in, delays or interruptions to or cessation of the services through negligence or otherwise.
The globe symbol and “AAP” are registered trademarks. AFP Disclaimer and Copyright Notice: AFP stories and photos shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. AFP news material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use.
AFP will not be held liable for any delays, inaccuracies, errors or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. As a newswire service AFP does not obtain releases from subjects, individuals, groups or entities contained in its photographs, graphics or quoted in its texts. Further, no clearance is obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP photos or materials. Therefore, you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for use of AFP stories, photos or graphics.
Third party copyright
Illegal downloading / file sharing
The Copyright Act 1968 (Cth) protects materials such as films, music, books and computer programs. You can break the law if you download, copy, share or distribute this material, unless you’re allowed to do so by the Copyright Act or you have the copyright owner’s permission. Please don’t use our services to do any of these things, because if you do, we might have to cancel your services (including your email count) and the copyright owner could take legal action against you.
If you do any of these things on a repeat basis, Kay by Design has implemented a policy for dealing with infringers that may, in appropriate circumstances, result in us terminating a repeat infringer’s email or other account.
Designated Copyright Representative
Division 2AA of Part V of the Copyright Act 1968 (Cth) and Part 3A of the Copyright Regulations 1969 (Cth) establish a scheme (“Safe Harbour Scheme“) which limits the remedies available against carriage service providers for infringements of copyright that relate to the carrying out of certain online activities by carriage service providers.
Kay by Design designates the person holding the position identified below as its designated representative to receive notifications and notices issued under the Safe Harbour Scheme in relation to all activities carried out by Kay by Design as a carriage service provider. These activities cover a number of businesses of Kay by Design and its subsidiaries.
Designated Copyright Representative
Kay by Design Corporation Proprietary Limited
Email address: firstname.lastname@example.org
Postal address: Level 3, 240 Queen Street Brisbane, QLD 3000 Australia
Last updated: 30 October, 2019
Terms Of Service
KINDLY READ! This site REQUIRES FACTOR TO CONSIDER FOR AND AS A CONDITION OF ALLOWING YOUR USE OF kaybydesign.com.au(herein called “The Website” or “This Website”).
This site SPECIFICALLY DENIES GAIN ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE KIDS’S ONLINE PERSONAL PRIVACY SECURITY ACT (COPPA) OF 1998.
Parties To The Regards To Use Arrangement
Visitors, viewers, users, customers, members, affiliates, or customers, jointly referred to herein as “Site visitors,” are celebrations to this arrangement. The site and its owners and/or operators are parties to this arrangement, herein referred to as “Website.”.
Use Of Information From This Site
Unless you have become part of an express composed contract with this website to the contrary, visitors, audiences, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to relay it, copy it, save it, print it, sell it, or release any portions of the material of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and could subject you to civil or criminal penalties. Once more, Site visitor has no rights whatsoever to make use of the material of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other copyright the website might include, for any reason or for any use whatsoever. In recognition of the truth that it may be hard to quantify the precise damages emerging from infringement of this arrangement, Site visitor agrees to compensate the owners of this site with liquidated damages in the amount of U.S. $10,000, or, if it can be computed, the actual costs and real damages for breach of this arrangement, whichever is greater? Visitor warrants that he or she understands that accepting this arrangement is a condition of accessing this site and that accessing this site constitutes approval.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS INTERNET SITE.
The site and its contents are owned or authorized by the website’s owner. Material included on the site has to be presumed to be exclusive and copyrighted. Site visitors have no rights whatsoever in the site material. Use of website content for any reason is unlawful unless it is done with express agreement or authorization of the internet site.
HYPERLINKING TO WEBSITE, CO-BRANDING, “FRAMEWORK” AND REFERENCING SITE PROHIBITED.
Unless specifically authorized by website, no person may hyperlink this site, or sections thereof, (consisting of, however not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Moreover, you are not allowed to reference the URL (website address) of this website or any page of this internet site in any industrial or non-commercial media without express permission from us, nor are you enabled to ‘frame’ the website. You particularly accept cooperate with the website to remove or de-activate any such activities and be accountable for all damages developing from violating this provision. In recognition of the truth that it might be tough to measure the exact damages developing from infringement of this stipulation, you accept make up the owners of this site with liquidated damages in the quantity of U.S. $10,000, or, if it can be determined, the actual expenses and actual damages for breach of this arrangement, whichever is higher. You call for that you understand that accepting this provision is a condition of accessing this website which accessing this website makes up approval.
Disclaimer For Contents Of Site
This site disclaims any responsibility for the accuracy of the content appearing at, connected to on, or pointed out on this site. Visitors presume all risk connecting to seeing, checking out, utilizing, or relying upon this detail. Unless you have otherwise formed an express contract to the contrary with us, you have no right to depend on any info contained herein as precise. We make no such service warranty.
DISCLAIMER FOR DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. SITE VISITOR PRESUMES ALL THREAT OF VIRUSES, WORMS, OR OTHER CORRUPTING ELEMENTS.
We presume no responsibility for damage to computer systems or software application of the site visitor or any person the site visitor consequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Once again, visitor views and interacts with this site, or banners or pop-ups or marketing showed thereon, at his own threat.
Disclaimer For Damage Caused By Downloads
Site visitor downloads details from this website at this own threat. website makes no guarantee that downloads are devoid of damaging computer codes, consisting of, however not restricted to, viruses and worms.
Restriction Of Liability
By seeing, making use of, or interacting in any manner with this website, including banners, advertising, or pop-ups, downloads, and as a condition of the internet site to allow his legal watching, Site visitor permanently waives all right to claims of damage of any and all description based on any causal element resulting in any possible damage, no matter how abhorrent or substantial, whether physical or psychological, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now enable these exclusions our optimum liability will certainly not go beyond the quantity paid by you, if any, for using our website or service.
Additionally, you agree not to hold us responsible for any damages connected to problems beyond our control, consisting of however not restricted to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or facilities, labor shortages or disruptions (including unlawful strikes), shortages of products, and other occasions which are not within our control.
Visitor agrees that in the event he causes damage to us or a 3rd party as a result of or associating with using this site, Visitor will indemnify us for, and, if suitable, protect us versus, any claims for damages.
No added notice of any kind for any factor is needed to be given to Site visitor and Visitor expressly necessitates an understanding that the right to notice is waived as a condition for consent to see or interact with the website.
Arbitration will be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are offered from the American Arbitration Association, 335 Madison Opportunity, Floor 10, and New York, New York, 10017-4605. Hearing will occur in the city or county of the owner of this site.
In no case shall the audience, site visitor, member, customer or client can go to court or have a jury trial. Viewer, site visitor, member, subscriber or customer will not deserve to take part in pre-trial discovery except as supplied in the rules; you will not can participate as a representative or member of any class of plaintiffs referring to any claim subject to arbitration; the arbitrator’s choice will be final and binding with restricted rights of appeal.
The prevailing celebration will be compensated by the other party for any and all expenses connected with the conflict arbitration, including attorney costs, collection fees, investigation fees, travel costs.
Jurisdiction And Location
If any matter concerning this purchase will be brought before a law court, pre- or post-arbitration, Audience, visitor, member, customer or customer agrees to that the sole and proper jurisdiction to be the state and city proclaimed in the contact details of the internet owner unless otherwise right here defined. On the occasion that litigation is in a federal court, the correct court will be the closest federal court to the owner of this site’s address.
Viewer, visitor, member, customer or client concurs that the applicable law to be applied shall, in all cases, be that of the state of the owner of this site.
Welcome to kaybydesign.com.au (the “Site”). We understand that privacy online is important to users of our Site, especially when conducting business. This statement governs our privacy policies with respect to those users of the Site (“Visitors”) who visit without transacting business and Visitors who register to transact business on the Site and make use of the various services offered by Kay by Design Pty Ltd (collectively, “Services”) (“Authorised Customers”).
“Personally Identifiable Information”
Refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
What Personally Identifiable Information Is Collected?
We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorised Customers: the names, addresses, phone numbers and email addresses of Authorised Customers, the nature and size of the business, and the nature and size of the advertising inventory that the Authorised Customer intends to purchase or sell.
What Organizations Are Collecting The Information?
In addition to our direct collection of information, our third-party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Visitors and Authorised Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorised Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
How Does The Site Use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorised Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorised Customers in response to specific inquiries, or to provide requested information.
With Whom May The Information May Be Shared?
Personally Identifiable Information about Authorised Customers may be shared with other Authorised Customers who wish to evaluate potential transactions with other Authorised Customers. We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorised Customers, with our affiliated agencies and third-party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf.
How Is Personally Identifiable Information Stored?
Personally Identifiable Information collected by kaybydesign.com.au is securely stored and is not accessible to third parties or employees of Kay by Design Pty Ltd except for use as indicated above.
What Choices Are Available To Visitors Regarding Collection, Use And Distribution Of The Information?
Visitors and Authorised Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at kaybydesign.com.au.
Are Cookies Used On The Site?
How Does Kay by Design Pty Ltd Use Login Information?
Kaybydesign.com.au uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s movement and use, and gather broad demographic information.
What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorised Customers on the Site?
How Does The Site Keep Personally Identifiable Information Secure?
All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorised Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorised Customers for any such occurrences.
How Can Visitors Correct Any Inaccuracies In Personally Identifiable Information?
Can A Visitor Delete Or Deactivate Personally Identifiable Information Collected By The Site?
We provide Visitors and Authorised Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site’s database by contacting. However, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.
Kaybydesign.com.au contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.