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

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 child or an 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 our Privacy Policy.

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

The Platform refers to our marketplace regardless of how you access it.

Acceptance of these Terms

Your use of and access to the Platform and its content (including text, images, media, sound, video, social media posts or downloadable documentation and newsletters) is governed by these Terms and is conditional upon your acceptance of, and compliance with, these Terms.

Your use of and access to the Platform constitutes your agreement to be bound by these Terms. From time to time, Kismet may change these Terms without notice. Any subsequent use of or access to the Platform by you will mean that you have accepted the changes to these Terms. We recommend that you check the Platform regularly to ensure you are aware of our current Terms.

By downloading our mobile application, or otherwise accessing and/or using the Platform, you warrant to us that you have received these Terms and you understand and agree to these Terms. If you do not or cannot agree to these Terms, you must not use or access the Platform.

Eligibility to use the Platform

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

Kismet Marketplace

The Platform provides a 'marketplace', listing and providing shortlists of Providers based on particular criteria inputted Users which can be used to, at a high level, review and compare some Providers that may be able to provide the desired services to the User.

The Platform provides information, advertisements and links to the websites of some Providers. The Platform does not contain, and Kismet does not provide, any personal recommendations, suggestions or advice about the suitability of a product or service.

The Providers' products and services marketed are not representative of all the providers and services available in the market. When a User inputs an enquiry in relation to a particular area of service, we endeavour to provide at least three options (save in circumstances where there are not three viable options available), with at least one Provider not being a Promoted Provider.

Promoted Providers pay higher subscription fees to Kismet for enhanced listing, matching and visibility on the Platform. Promoted Providers are identifiable to Users because their listing includes the words 'Promoted'. You agree that the higher subscription fee represents a benefit to Kismet and if you engage a Promoted Provider, you consent to the benefit to Kismet.

Before acting on the information provided on the Platform, you should evaluate your or the relevant User's/person's individual needs, objectives and situation and which products and services are suitable, and if necessary, seek independent medical or other advice before making a decision to acquire or purchase.

Kismet does not review or moderate Providers.

Kismet's role is to introduce Users to Providers only. Kismet is not a party to any agreement a User enters into with a Provider.

The User agrees that the Platform and its content do not constitute 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.

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 Providers listed. Any information contained in a Provider profile is not intended to replace consultation with a qualified professional and/or the Provider itself. Please conduct your own due diligence, research and seek appropriate and relevant independent advice prior to engaging a Provider.

Kismet tries to ensure that the information contained on the Platform (which includes information supplied by third parties) is accurate and up-to-date. Please contact Kismet at help@kismet.healthcare if you identify an error on the Platform. To the maximum extent permitted by law, Kismet does not warrant the accuracy, adequacy or completeness of the information contained on the Platform, and you should not rely upon the information on the Platform as being accurate, complete or up-to-date. We recommend that you confirm and check all information obtained on the Platform with the relevant Provider.

Although reasonable care is taken to provide a safe and reliable Platform, as the Platform is accessible via the internet, we do not guarantee that the Platform will be free from viruses, uninterrupted, timely, secure or operate as intended, and to the maximum extent permitted by law, Kismet accepts no responsibility in each regard, including without limitation, for any harmful computer code that might be introduced to your system by using the Platform.

Acting reasonably, Kismet may terminate your access to the Platform at any time, without notice and without providing reason. You must not, in any way, access the Platform after termination of your access. The indemnities and limitations of liability contained in these Terms shall survive the termination of your access to the Platform.

We may suspend or withdraw or restrict the availability of all or any part of our Platform for business, operational or any other reason at any time.

Disclaimer -- Emails and Marketing

Emails from us may contain information provided by Providers or third parties. As such, Kismet does not warrant the accuracy, adequacy or completeness of the information in an email sent from Kismet and you should not rely upon the content as being accurate, complete or up-to-date. You agree that your use of the information contained in an email from Kismet is at your own risk. We recommend that you confirm the information and offers contained in the email with the relevant Provider(s).

To the maximum extent permitted by law, Kismet does not guarantee that emails will be free from viruses and accepts no responsibility for any harmful computer code that might be introduced to your system by accessing an email sent from Kismet or interacting with an email sent from Kismet (for example, clicking hyperlinks and opening and/or downloading attached files).

Disclaimer -- Accounts

You agree that your creation and use of a customer account (both for those enquiring about the services and for Providers) for the Platform is at your own risk. Kismet will take reasonable steps to maintain the security of the information provided in your customer account. However, it is your responsibility to:

1. select a strong password for the account and ensure that it is:
   1. not disclosed to any other individual or third party;
   2. reset regularly and not used with any other password protected service; and
2. lock your device with a strong passcode or password to prevent unauthorised access and use to the mobile application; and
3. log out of the account after use to prevent unauthorised use.

We may use the information you provide in your account to prefill relevant fields on the Platform to assist you to complete a an enquiry (or other activity). It is your responsibility to ensure that the information you provide in your customer account is accurate, up to date and not misleading or deceptive. Kismet will not be responsible for quote or scope of service inaccuracies (including any loss you may suffer) as a consequence of the use of information from the Platform.

Privacy

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.

These Terms incorporate our Privacy Policy and you are taken to have read and accepted our policy. By using the Platform, you consent to the processing of your personal information described in our Privacy Policy, and warrant that all information and data provided by you is accurate.

Communications

By using the Platform, 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 Platform may be read or intercepted by others.

Warranty

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).

Subject to any non-excludable rights: (a) the Platform 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 Platform) are excluded.

Indemnity

You 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 Platform including (without limitation) that arise as a result of:

1. any unauthorised access of or breach of security to the Platform for whatever reason;
2. any error, faults, omissions, inaccuracies or misrepresentation in relation the Platform, its content and any communication from us to you including (without limitation) via email; and
3. the transmission of any computer virus.

You agree that, to the maximum extent permitted by law, in no circumstances whatsoever will we be liable for any indirect, incidental, special or consequential loss or damage or loss of profits however caused.

Liability arising from use of the Platform

Subject to any non-excludable rights imposed by law: (a) your use of the Platform 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 Platform or your use of the Platform; and (c) in no circumstances 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 Platform, or arising from your inability to participate in any promotion offered on the Platform 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 Platform'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 Platform or your attempted use of the Platform.

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 a total sum of $50.

We are the owner or the licensee of all Intellectual Property in the Platform and its content (unless expressed to the contrary).

Title and ownership of our Intellectual Property shall not be transferred by virtue of your use of the Platform.

Subject always to the applicable privacy laws and to our Privacy Policy, where you upload information and data to our Platform, you:

• warrant that you have a right, power and authority 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, royalty-free, licence to use that information and data for the purpose of providing you with the Platform and its content.

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 the Platform and any content on the Platform or any other communication from us, in whole or in part.

Use and Access

The Platform and the content thereon are made available only to genuine bona fide Users who are either Users genuinely enquiring of and comparing for themselves the Providers who may be able to provide the relevant services. By accessing and using the Platform, you warrant that you are such a User.

You must not use the Platform and any content provided by us by any means for commercial purposes (including for competitive advantage or to the competitive disadvantage of Kismet, its Related Bodies Corporate or any Provider::

1. in any manner that is inconsistent with the purpose for which the Platform is provided;
2. in any manner which is in breach of any laws; or
3. in any other way which is not expressly permitted by these Terms or Kismet.

Without limiting the above, you will not and will not permit a third party to:

1. use or access the Platform and its content in a way that infringes the intellectual property rights or other rights of any person;
2. copy or disclose to any person, any content other than as expressly permitted by these Terms;
3. use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the content;
4. reverse engineer, disassemble or otherwise attempt to construct or identify the Platform's source code, formulas or processes;
5. use, access or retain any content in any manner or form whatsoever, unless expressly permitted by these Terms;
6. use systematic, repetitive or any other methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from the Platform;
7. use, obtain or attempt to obtain from the Platform, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems;
8. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Platform;
9. do anything which will or may place an unreasonable load on the infrastructure of the Platform;
10. post, distribute or send any 'spamming material' or any other form of bulk communication;
11. impersonate any person or entity;
12. use the Platform to harass, defame, abuse, threaten or otherwise offend others; and
13. transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Platform, its software or hardware.

You agree that you will not seek to reverse engineer, decompile or otherwise reproduce the Platform or any of our content.

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.

You agree to not offer our services or content for resale to any third party.

Miscellaneous Provisions

We may from time to time change, modify, add or remove portions of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes.

No waiver by us, in exercising any right, power or provision in these Terms 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.

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.

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.

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.

If any of these Terms are at any time held by a court of relevant 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 said 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.

Terms and Conditions: Provider Subscriptions

Kismet offers plans to Providers who claim their listing. The description and cost of Provider plans are published on the Provider specific pages of the Platform.

Billing

Subscription fees are payable monthly, six 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 or a similar system. Upon subscription, a Provider 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 on 30 days written notice. Annual Plan holders may choose not to renew their subscription after a year. Annual and 6 monthly 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

Providers are responsible for maintaining the accuracy of their listings and managing and converting their leads and enquiries.

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 any non-compliance with these Terms.

Limitation of Liability

We are not liable for any losses, damages, or costs incurred as a result of using the subscription plans or as a result of any claim raised against or by a User of the Platform becoming a customer of a Provider, however arising.