KarmaBook - User Agreement and Terms of Use
User Agreement
The following terms of use apply to all use of the KarmaBook Services and KarmaBook Platform which comprises of the KarmaBook Websites and the KarmaBook Applications. By creating a KarmaBook Account you represent that you have read, understood and agree to be bound by these terms and conditions set out below. (“User Agreement”)
The KarmaBook Platform and KarmaBook Services enable on-line social networking and includes an educational game by which users can participate in and measure their ‘positive’ and ‘negative‘ deeds or actions and assess the karmic effect of their life journey.
KarmaBook’s mission by supplying the KarmaBook Services and KarmaBook Platform is to:
- Increase people’s spiritual consciousness and intelligence by which they can become more spiritually focused and aware of their life’s deed, actions and karmic affects through an infinite course of education, staged like a game of humanitarian perspective, helping to stop wars and conflict and bring about peace and harmony;
- To enable users to interact with other users, create individual pages and blogs, exchange photos, images, music and video and participate in chats, educational programs and in the game of life to gain practical experience of how each and every action has a life and karmic effect.
Definitions and Interpretation
In this User Agreement, unless contrary or inconsistent with the context:
- “KarmaBook”, “us” or “we” mean KarmaBook Pty Ltd (ACN 631 006 285), registered office 1142 North Rd, Oakleigh South, VIC, 3167, Australia.
- “You” means you as a User of the KarmaBook Platform and KarmaBook Services;
- User(s) means any person or entity that has created a KarmaBook Account to use the KarmaBook Platform and KarmaBook Services;
- Intellectual Property includes any and all present and future rights throughout the world in respect of:
- Registered and unregistered trade marks and service marks and applications for registration for any trade marks and any trade or brand names, business names and domain names;
- Business names, domain names
- Patents and applications for the grant of any such patents
- Copyright;
- Trade secrets, know-how, confidential information; and
- Karma Space means your individual page which includes your personal profile, your personal karma statistics, your Main Feed, Questions Feed and the content that has been published on the KarmaBook platform by you.
- KarmaBook Account means a personal account that has been created or can be created by a User on the KarmaBook Websites or KarmaBook Applications by entering a name, email address and password and clicking "Join Now" and which enables a User to access and use the KarmaBook Platform and KarmaBook Services and create their own individual page, known as their ‘Karma Space’ which includes the User's personal profile as created and maintained by the User.
- KarmaBook Applications includes the KarmaBook mobile applications that enable use of the KarmaBook Platform and KarmaBook Services on mobile devices and which can be downloaded from the Apple App Store and Google Play Store.
- KarmaBook Platform includes the on-line social networking platform and educational game comprising of the KarmaBook Websites and KarmaBook Applications.
- KarmaBook Services includes the services provided by KarmaBook via the KarmaBook Platform including the tools, functions, software and technologies accessible on the KarmaBook Platform which enable you to:
- Communicate and interact with other Users, including to socialise, chat, and create personal profiles, blogs and journals;
- Share knowledge, thoughts and experiences by asking questions, receiving answers, engaging in discussion as well as by posting content including photos, images, music and videos;
- View, interact with and comment on content published by other Users on the KarmaBook Platform;
- Commence and/or further your education and knowledge of karma, including learning about your own individual life and understanding how your life is interrelated with the rest of the world.
- Participate in the game of life and visualise and track your progress using KarmaBook’s specially developed tools such as your personalised tree of life and by collecting Karma points.
- KarmaBook Trade Marks includes the trade mark 'KarmaBook' and the KarmaBook logo.
- KarmaBook Websites includes the websites located at https://KarmaBook.com/, https://KarmaBook.com.au and https://karmaplanet.com
- Nominated Email Address means the email address provided by a User to KarmaBook to create the User’s KarmaBook Account and as updated in their KarmaBook Account settings by the User.
- Personal Profile means the information provided by you to KarmaBook as part of your KarmaBook Account that is visible to other Users, including your name, profile picture and KarmaBook level.
- Any reference to “Post”, “post” or “posting” includes:
- any content that you post, publish, upload or otherwise make available to another User or Users on the KarmaBook Platform or using the KarmaBook Services and includes any written post, picture, photo, image, sound recording or video, whether posted as a new post or question or as a comment or answer in response to another User's post or question;
- the action of making such a post.
- Personal Information has the same meaning as in the Privacy Act 1988 (Cth) (as amended or replaced from time to time).
- Third Party means any person or entity that is not you or KarmaBook;
- Words denoting the singular include the plural and vice versa.
Provision of KarmaBook Platform and KarmaBook Services
- KarmaBook agrees to provide access to the KarmaBook Platform and KarmaBook Services to you in accordance with the terms of this User Agreement and subject to the rights of suspension and termination set out in clause 16 and you agree to be bound by the terms of this User Agreement.
- KarmaBook may change or discontinue part or all of the KarmaBook Platform and KarmaBook Services at its sole discretion. If KarmaBook decides to make a significant change to part or all of the KarmaBook Services or to discontinue the supply of part or all of the KarmaBook Services, KarmaBook will notify Users in advance of the changes by email to the User’s Nominated Email Address.
Service Availability
- KarmaBook cannot guarantee that the KarmaBook Platform and KarmaBook Services will be available at all times.
- The KarmaBook Platform and KarmaBook Services may not be accessible or available to Users:
- During maintenance of and updates to the KarmaBook Platform and KarmaBook Services.
- Where there is a failure of third party telecommunications and other infrastructure or technology.
Technology Updates
You acknowledge that:
- KarmaBook will make updates to and/or create and release new versions of the KarmaBook Websites and KarmaBook Applications which may cause a disruption to the availability and supply of the KarmaBook Platform and KarmaBook Service;
- you may be required to download and install software updates to any devices upon which you use the KarmaBook Platform and KarmaBook Services in order to continue to access and use the KarmaBook Platform and KarmaBook Services, including:
- Technological updates to the KarmaBook Platform and Services;
- Technological updates developed by third parties required for the operation of the KarmaBook Platform and/or KarmaBook Services on your device(s), such as updates to your internet browser and operating system of your device.
Privacy and Cookies
- In order to create a KarmaBook Account you will need to provide KarmaBook with information that includes Personal Information. Your account name, KarmaBook level and any picture that you upload and select to be your profile picture will be made visible to other Users.
- You have control and are responsible for managing the information that is visible on your Personal Profile and the Personal Information you choose to make visible to others using the KarmaBook Services.
- When you make a post on the KarmaBook Platform, you have control and are responsible for managing who can see the content of that post. The KarmaBook Platform provides for the following visibility settings for posts made on the KarmaBook Platform:
- “Me only” – The Post will only be visible to you;
- “My level only” – The Post will be visible to Users of your level and higher levels;
- “KarmaBook Residents” – The Post will be visible to all Users; and
- “The entire World” – The Post will be visible to anyone who is provided with a link to the Post, whether or not they are a User or have a KarmaBook Account.
- How KarmaBook manages, collects and holds your personal information is set out The KarmaBook Privacy Policy https://KarmaBook.com/static/privacypolicy.
- Cookies
The KarmaBook Websites and KarmaBook Applications collect and use Cookies to assist in the provision of the KarmaBook Services. How KarmaBook collects and uses Cookies is set out in the KarmaBook Privacy Policy https://KarmaBook.com/static/privacypolicy.
User’s Warranties:
By using the KarmaBook Services and creating a KarmaBook Account, you provide the following warranties:
- You are of at least 14 years of age;
- You will only create one KarmaBook Account and will use your own name to create your KarmaBook Account;
- You will use accurate and up to date contact details to create your KarmaBook Account and promptly update your contact details if they change;
- You are not a convicted sex offender;
- You are not prohibited from using the KarmaBook Services under any laws or legal obligations you have in Australia or in the country you are in whilst using the KarmaBook Services.
- You have not previously had a KarmaBook Account deactivated permanently by KarmaBook for any reason;
- You will:
- Choose a strong and secure password for your KarmaBook Account and keep the password confidential;
- Not transfer your KarmaBook Account or any part of your KarmaBook Account to another person or entity
- You will only post content on the KarmaBook Platform or using the KarmaBook Services that you have the legal right to post.
User’s Agreement, Acknowledgement and Consent
- By posting content created by you on the KarmaBook Platform using the KarmaBook Services, you consent to other Users viewing, sharing and reproducing with or without additions or comment, the content posted by you.
- You agree and acknowledge that:
- you are the publisher of all content posted by you using the KarmaBook Platform or KarmaBook Services, including original posts, comments and questions.
- KarmaBook may make visible and/or notify other Users of actions taken by you using the KarmaBook Platform or KarmaBook Services including when you like, dislike, share or comment on content posted by another User, join a Circle or subscribe to another User.
- KarmaBook is not responsible for the conduct of other KarmaBook Users or the content posted by other KarmaBook Users.
- You agree that you will not use another User’s KarmaBook Account or create or use more than one KarmaBook Account;
- You agree to not use the KarmaBook Platform or KarmaBook Services to:
- impersonate another KarmaBook User or any other person;
- solicit the confidential information of other KarmaBook Users including the password to their KarmaBook Account and other personal accounts;
- solicit the Personal Information of other KarmaBook Users for commercial or unlawful purposes;
- disseminate another person’s Personal Information without that person’s consent;
- bully, stalk, intimidate, assault, harass or mistreat any person;
- engage in conduct that is in violation of human rights;
- post content that is defamatory of a person or entity capable of being defamed;
- engage in, support or promote activities related to terrorism, organised crime or mass violence.
- discriminate against or abuse other people or publish content that is discriminatory or abusive of other people or groups of people;
- engage in unlawful conduct including fraud, attempted fraud or misleading and deceptive conduct;
- engage in conduct that involves spamming other Users or soliciting money from other Users;
- engage in any activities or conduct which interferes or disrupts the use of the KarmaBook Platform or KarmaBook Services, such as cyber-attacks against the KarmaBook Platform, uploading malware or ransom-ware that does, or may, disrupt the KarmaBook Services;
- create KarmaBook Accounts for the purposes of collecting data or to sell the KarmaBook Accounts;
- engage in any other conduct that breaches this User Agreement or is illegal.
- You agree that you will not use the KarmaBook Services to post content on the KarmaBook Platform that:
- You do not have the legal right to post or that infringes on the rights of another person or entity, including Intellectual Property rights such as copyright and trade mark.
- Is the confidential information of another person or entity;
- Is threatening, incites violence and/or is hate speech against any group or individual;
- Is sexually explicit, pornographic, contains nudity and/or contains graphic or gratuitous violence;
- Is discriminatory of any group or individual;
- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Promotes terrorism, organised crime or violence or is for the purpose of supporting or engaging in terrorism, organised crime or violence;
- Promotes or glorifies self-injury, including the use of unregulated supplements and eating disorders;
- Promote, encourages, or enables the sale or purchase of products that are illegal and/or the sale of which may cause harm to KarmaBook Users and the community generally, such as illicit drugs, weapons or unregulated supplements.
- Supports or promotes a political party, organisation or campaign.
- Includes misinformation that has potential to cause or contribute to harm to other Users and the global community, including misinformation that is contrary to the health and safety advice of relevant experts.
Disclosure of sponsored content
- If you publish content using the KarmaBook Services that endorses or recommends the use of a third party’s product or services and you receive payment or other financial benefits for publishing that content, that content is considered “Sponsored Content” ;
- By using the KarmaBook Services, you agree that if you publish Sponsored Content, you will disclose in the same publication that the content is Sponsored Content and that you have received payment and/or a financial benefit for publishing the sponsored content.
Removal of Content
- KarmaBook may, without notice, remove any content published by you that:
- Is in breach of this User Agreement or which KarmaBook has reasonable grounds for believing is in breach of this User Agreement;
- Infringes the Intellectual Property rights of another person or entity, or which KarmaBook has reasonable grounds for believing infringes the Intellectual Property rights of another person or entity;
- KarmaBook, in its sole discretion, believes may expose KarmaBook to a risk of legal action being taken against KarmaBook;
- Is required to be removed under the laws of Australia or in accordance with any Court Order whether made by a Court of Australia or in another country;
- If KarmaBook removes content posted by you on the KarmaBook Platform, where reasonable to do so, KarmaBook will send a notification to your Nominated Email Address, advising:
- That content posted by you has been removed; and
- Which content posted by you has been removed and KarmaBook’s reasons for removing the content.
Suspension and Deactivation of KarmaBook Account
- KarmaBook may, without notice, temporarily suspend or permanently deactivate your KarmaBook Account if KarmaBook considers that you
- have engaged in repeated conduct that is in breach of this User Agreement;
- have engaged in conduct that legally requires the deactivation of your account;
- have engaged in conduct that KarmaBook considers constitutes a risk of harm to other KarmaBook Users or exposes KarmaBook legal risk.
- In the event that KarmaBook suspends or deactivates your KarmaBook Account, you will receive a notification from KarmaBook to your Nominated Email Account advising:
- That your KarmaBook Account has been suspended or deactivated;
- KarmaBook’s reasons for suspending or deactivating your KarmaBook Account; and
- The process for requesting KarmaBook to review the decision to suspend or deactivate your KarmaBook Account if you believe your KarmaBook Account should not have been suspended or deactivated.
Intellectual Property
- The KarmaBook Websites and KarmaBook Applications (including design, text, graphics, art work, photographs, logos, icons and software) other than content created and posted by Users, is protected by copyright which is owned by KarmaBook or its licensors.
- You must not copy, reproduce, adapt, modify, create derivative works, publish, make available online, electronically transmit or distribute, communicate the public or otherwise commercially exploit or allow or authorise said acts to be done in relation to any part of the KarmaBook Websites or KarmaBook Applications without the consent of KarmaBook or its licensors or as provided for in this User Agreement.
Posts and License to KarmaBook to Use
- You are the owner of the content created by you and posted on the KarmaBook Platform using the KarmaBook Services.
- By posting content created by you on the KarmaBook Platform using the KarmaBook Services grant to KarmaBook a worldwide, non-exclusive, royalty-free, licence to copy, reproduce, adapt, modify, create derivative works, publish, perform, make available online, electronically transmit or distribute, communicate the public or otherwise commercially exploit or allow or authorise said acts to be done to the content posted by you.
Freehand Works and License to Use
- KarmaBook makes available on its platform copyright works including images, graphics and photos that can be used as backgrounds or components in posts using the KarmaBook Freehand function. ("Freehand Works")
- The intellectual property that subsists in the Freehand Works is owned by KarmaBook or its licensors and is retained by KarmaBook or its licensors.
- KarmaBook grants to you a restricted, non-exclusive licence to use the Freehand Works for the sole purpose of reproducing the Freehand Works as part of a new work that can only be posted on the KarmaBook Platform using the KarmaBook Services. ("Freehand Works Licence")
- You may not copy, reproduce, adapt, modify, create derivative works, publish, make available online, electronically transmit or distribute, communicate the public or otherwise commercially exploit or allow or authorise said acts to be done to the Freehand Works for any other purpose than provided for in clause 10.5.
- The Freehand Works Licence ends when you cease to be a User.
Trade Mark Notice
- You must not use the KarmaBook Trade Marks or any mark or design that is the same or deceptively similar to the KarmaBook Trade Marks as your own or in the connection with the supply of goods or services without prior written consent from KarmaBook.
Intellectual Property Rights Infringement Notices
- This User Agreement prohibits Users from publishing, uploading and/or sharing content that infringes the Intellectual Property rights of another entity without the consent of that entity. If you believe a KarmaBook User has infringed your Intellectual Property rights, you can notify KarmaBook of the alleged infringement by emailing support@KarmaBook.com and providing the following information:
- Which right you believe has been infringed (i.e. copyright or trade mark);
- Whether you are the relevant rights owner or a representative of the rights owner;
- Your Name;
- Your Contact Details;
- A description or copy of the relevant work of which the you believe the Intellectual Property has been infringed;
- A link to or a description of the alleged infringement of an Intellectual Property right.
Exclusions and Disclaimers
- To the extent permitted by law:
- KarmaBook does not provide any express warranties that the KarmaBook Services are or will be fit for a particular purpose or error free.
- KarmaBook excludes any implied warranties that the KarmaBook Services will be fit for a particular purpose or error free.
- KarmaBook does not in any way endorse or recommend:
- The individuals, products or services that may be promoted by Users using the KarmaBook Services;
- Any website or services of Third Parties to which links are published on KarmaBook by Users;
- The opinions and information published by Users using the KarmaBook Services.
- By KarmaBook not removing content that has been published by a User in no way constitutes and should not be interpreted as KarmaBook agreeing with, endorsing or recommending the content posted by the User.
Limitation of Liability
- Subject to any of your rights at law, including your rights under the Australian Consumer Law, which cannot be excluded, limited, restricted or modified and to the extent permitted by law, KarmaBook is not liable to you or any entity in respect of any direct, indirect, special, economic or other loss or damage, including loss of income, loss of profits, loss of contracts or any other indirect or consequential loss or damage arising directly or indirectly from:
- Your use of the KarmaBook Services;
- Any interruption to the supply or failure of the KarmaBook Services;
- Any breach of these this User Agreement; or
- Any tortious or wrongful act or omission, including negligence, on the part of KarmaBook.
- To the extent permitted by law, where a warranty or condition is implied by law into this User Agreement, KarmaBook's liability for breach of that warranty or condition will be limited to the resupply of the KarmaBook Services.
- If you are a consumer under Section 3 of the Australian Consumer Law – Schedule 2 to the Competition and Consumer Act 2010 (Cth), the KarmaBook Services come with guarantees that cannot be excluded under the Australian Consumer Law.
- Nothing in this User Agreement excludes, limits, restricts or modifies KarmaBook Pty Ltd's liability for death or personal injury or for any other liability that cannot be excluded, limited, restricted or modified at law.
Third Party Rights under this User Agreement
- You cannot assign or otherwise transfer this User Agreement or any rights you may have arising from this User Agreement to a Third Party without the consent of KarmaBook.
- KarmaBook may assign or otherwise transfer its rights under this User Agreement or novate this User Agreement to a Third Party without prior notification to you.
Indemnity
- By using the services, you agree to indemnify, defend and hold harmless KarmaBook, and its directors, officers, employees, agents, successors and assigns from and against any loss or damages (including legal cost and expended on a full indemnity basis), claim, demand, court action or proceeding, by any person where such loss or damage or liability arise out of or in connection with or in respect of:
- any content published by you using the KarmaBook Services;
- any breach of this User Agreement by you;
- defamatory or allegedly defamatory content posted by you;
- the unauthorised use or infringing use by you of content or material and the Intellectual Property therein.
Termination and Suspension of KarmaBook Services
Termination by User
- You may terminate this User Agreement at any time by selecting “Delete my profile” under “Profile Deactivation” in “Settings & Preferences” of your KarmaBook Account.
Effect of Termination By User
- Terminating this User Agreement by deleting your KarmaBook Account will permanently delete all data and information posted and uploaded and shared by you using the KarmaBook Services, including your profile name, photos and correspondence history with other KarmaBook Users, other than any data that KarmaBook is legally required to retain under Australian law.
- The termination of this User Agreement will be without prejudice to the rights and remedies that have accrued to the parties before the termination of this User Agreement.
Suspension and Termination by KarmaBook with Cause
- KarmaBook may suspend your KarmaBook Account without notice in accordance with clause 9.
- If KarmaBook suspends your KarmaBook Account:
- your KarmaBook Account will be deactivated and you will not be able to access or use the KarmaBook Platform or KarmaBook Services;
- KarmaBook will notify you of:
- The reason for the suspension;
- Whether the suspension is for a set duration or pending a further decision by KarmaBook;
- The process for requesting KarmaBook to review its decision to suspend your KarmaBook Account.
- KarmaBook may, at its sole discretion, choose to end the suspension of your KarmaBook Account by:
- Reactivating your KarmaBook Account; or
- Terminating this User Agreement and your access and use of the KarmaBook Platform and KarmaBook Services permanently.
- KarmaBook may terminate this User Agreement and your access and use of the KarmaBook Platform and KarmaBook services without notice if KarmaBook considers that you:
- have engaged in conduct that is a breach of this User Agreement;
- have engaged in conduct that legally requires the termination of your KarmaBook Account;
- have engaged in conduct that KarmaBook considers constitutes a serious risk of harm to other KarmaBook Users or exposes KarmaBook legal risk.
Suspension and Termination by KarmaBook without Cause
- This User Agreement and access and use of the KarmaBook Platform and KarmaBook Services may be suspended or terminated by KarmaBook at any time without notice.
Effect of Termination by KarmaBook
- If KarmaBook terminates this User Agreement, KarmaBook will permanently delete all data and information posted and uploaded and shared by you using the KarmaBook Services, including your profile name, photos and correspondence history with other KarmaBook Users, other than any data that KarmaBook is legally required to retain under Australian Law.
- The suspension or termination of this User Agreement will be without prejudice to the rights and remedies that have accrued to the parties before the suspension or termination of this User Agreement.
Dispute Resolution
- Neither party to this User Agreement may commence Court proceedings in respect of a dispute or claim arising out of or relating to the use or supply of the KarmaBook Services, this User Agreement, or the breach, termination or enforceability thereof,("Dispute") until the Dispute Resolution Process set out in clause 17.2 has been completed. This does not affect a party's right to seek injunctive or urgent declaratory relief from the appropriate Court where failure to obtain such relief would cause irreparable damage to the party concerned.
Dispute Resolution Process
- All Disputes shall be dealt with in the following manner
- A notice setting out the nature of the Dispute shall be sent to the other party by the party asserting the existence of a Dispute ("Dispute Notice").
- Within 14 days of a Dispute Notice being given, the parties shall have discussions in order to resolve the Dispute in writing to be signed by each party.
- If the Dispute is not resolved between the parties within 28 days after the giving of the Dispute Notice, either party may submit the Dispute to a mediator for mediation by notice in writing to the other party ("Mediation Notice").
- Within 7 days after the giving of a Mediation Notice, the parties must appoint a mediator agreed by them or failing such agreement, request the Chair of the Resolution Institute (ACN 008 651 232; Level 2, 13-15 Bridge Street, Sydney NSW 2000) or the Chair's designated representative appoint an independent mediator who is an expert in mediating the subject matter of the Dispute
- The parties shall attend mediation within 7 days of the appointment of a mediator. The parties shall act in good faith in seeking to reach a binding agreement concerning the subject matter of the Dispute. The parties must pay in equal shares the costs in relation to any such mediation.
- Mediation shall be held in Melbourne, Victoria, Australia and may be conducted using video technology where a User is a resident outside of Melbourne, Victoria, Australia.
Applicable Law
- This User Agreement and any Dispute arising thereof or from the KarmaBook Services shall be governed by and construed in accordance with the laws for the time being in force in the Commonwealth of Australia and State of Victoria, Australia.
Severability
- Should any part of this User Agreement be or become invalid, unenforceable or illegal for any reason, that part shall be deemed severed from this User Agreement and shall not affect the validity of the remaining provisions of this User Agreement.
Updates to User Agreement
- KarmaBook may change the terms of or replace this User Agreement at its sole discretion from time to time by publishing an amended, updated or new User Agreement that on the KarmaBook Websites and KarmaBook Applications. In the event that KarmaBook changes the terms of or replaces this User Agreement you will be notified of the change or replacement on the KarmaBook Platform and will be required to read and accept the changed or replaced User Agreement prior to continuing to use the KarmaBook Platform and KarmaBook Services.
- If you do not accept the terms of the changed or replacement User Agreement, you will not be able to access or use the KarmaBook Platform or KarmaBook Services.