Terms and Conditions

Kate Barnett as trustee for the Shakany Family Trust trading as K8 Solutions (Website Owner) owns and operates this website (Website).

Access to and use of this Website is, and the products and services available through this Website (collectively, Services) are subject to the following terms, conditions and notices (Terms of Use).

By using this Website and any related Services, you are agreeing to all of the Terms of Use, current at the time of your use of the Website. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

1. Website

Access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with the Website Owner. We reserve the right to withdraw or amend the Website and any Services listed on the Website without notice. We will not be liable if. for any reason. this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

2. Use of material on the Website

(a) Except for the limited use set out herein, you may not use the Website, or the material contained on it, for any purpose. This involves:

(i) the reproduction of the material in any material form;

(ii) the distribution of the material in any material form;

(iii) re-transmission of the material by any medium of communication;

(iv) uploading and/or reposting the material to any other site on the internet; or

(v) “framing” the material on the Website with other material on any other internet site.

(b) Notwithstanding the above restrictions on use of the material on the Website, you may download, store, print or display material from the Website for your personal non-commercial use provided that you do not remove any copyright and/or trade mark notices contained on or in the material.

(c) You may not modify or copy:

(i) the layout of the Website; or

(ii) any computer software and code contained in the Website.

(d) The Website Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(i) re-sold and/or re-distributed in any material form;

(ii) stored in any storage media; and/or

(iii) re-transmitted in any media,

without the prior written consent of the Website Owner.

3. Prohibitions

(a) You must not misuse this Website. You will not:

(i) commit or encourage a criminal offense;

(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

(iii) hack into any aspect of the Service; corrupt data; cause annoyance to other users;

(iv) infringe upon the rights of any other person's proprietary rights;

(v) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or

(vi) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

(b) You acknowledge that by breaching this prohibitions clause would constitute a criminal offense and, if breached, the Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(c) The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any linked websites.

4. Links to other Websites

The Website contains links to other websites which are not operated by the Website Owner (Linked Sites).  The Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.

5. Disclaimer of liability

(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

(b) To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(c) This disclaimer does not affect the Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.

6. Intellectual Property, software and content

The intellectual property rights in all software, the Services and Website content (including photographic images) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world. The Website Owner and its licensor (where appropriate) reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

7. Disclaimer as to ownership

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.

8. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at https://k8solutions.com.au/privacy-policy. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

9. Termination of access

The Website Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Website Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

10. Alteration of Terms of Use

The Owner reserves the right to alter or vary these Terms of Use from time to time at its discretion:

(a) with or without further notice to you; and

(b) without giving you any explanation or justification for such change.

Alterations will be effective immediately.  Where practicable we will endeavour to notify you of the alterations, however, your continued use of the Website following any such alterations will represent agreement by you to be bound by the alterations to the Terms of Use.  We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date Terms of Use.

11. Indemnity

You agree to indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

12. Invalidity

(a) If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) These Terms of Use will be governed by and interpreted in accordance with the law of South Australia, without giving effect to any principles of conflicts of laws.

(c) You agree to the jurisdiction of the courts of South Australia to determine any dispute arising out of these Terms of Use.

13. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.  Complaints should be sent to [email protected].