Kinwork Terms

Kinwork Group Pty Ltd Terms and Conditions

Last Updated 4 January 2026

 

1) General

a) Thank you for visiting our website (Kinwork.org) operated by Kinwork Group Pty Ltd. By accessing, browsing, using or purchasing from Kinwork.org (Website) you signify your acceptance of these terms and conditions (Terms). If you do not agree with any part of these Terms, you must cease usage of the Website and / or its Products, or Content, immediately.
b)  We may update these Terms, any of the policies referred to in these Terms, or any of the features of our Website without notice by posting a new version on our Website.
c)  Our Content and / or Products are subject to change at any time without notice.
d)  You should check our Website regularly to ensure you are familiar with any changes.
e) You accept the Terms by remaining on our Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by us on our Website.

2) Definitions

  • "Seller, we, us or our" means Kinwork Group Pty Ltd (ABN 67693960315);

  • "Buyer, you, your or user" means any person, body corporate or entity which purchases, orders, views or uses Products or Content;

  • "Products" means all documents, courses, or other deliverables, in whatever form, provided by the Seller to the Buyer or to be delivered by the Seller to the Buyer;

  • "Content" refers collectively to all Products and publicly accessible website content including text, data, images, videos, sounds and animations relating to Products and/or industry information.

3) Website Content And Access

a)  There may be times when our Website may not be available, and we can’t guarantee that our Website is secure, free from viruses, errors, interruptions or free from anything else which may damage any computer which accesses our Website or any data on such a computer. If you do not agree to any part of these Terms, you must not access, browse, use, or purchase from our Website.
b)  While we take reasonable care in preparing and maintaining the Website and Content, to the maximum extent permitted by law, we do not warrant or guarantee the its accuracy, reliability, adequacy, completeness, fitness for a particular purpose, or suitability. Our Content does not take into account your specific needs, objectives or circumstances, and it is not a substitute for professional advice. Our Content is generic and may include inaccuracies and other errors and are provided “as is” with all faults, whether or not the Content is modified by the user.
c)  To the maximum extent permitted by law, we make no express or implied representations or warranties of any kind related to our Website or Content. To the maximum extent permitted by law, you agree to indemnify and hold us and our related entities, harmless against any liability, arising either directly or indirectly from, or in connection with, the use of, or reliance on, our Website or Content; a breach of these Terms; or a breach of any applicable laws. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. We will not incur any Liability before enforcing a right of indemnity under these Terms.
d)  Our Website and Content may contain links to other websites or may reference content generated by other people. We don’t take any responsibility for any websites or content of third parties.
e)  The Products you order through our Website will be delivered electronically to you within a reasonable time upon the receipt of full payment. The delivery instructions, including links and instructions to access course portals where Products in the form of course content has been purchased, and receipt of payment will be provided to you by email.
f) In order to access Content, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Content, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Name

  • Email address

  • Password

  • Job Title

  • Credit Card or other payment details.

g) You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.
h) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of any purchased Products.
i) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware.
j)  Our Website and Content is subject to change at any time without notice.
k)  You acknowledge and agree that:

  • We may hold users’ contact details for the purposes of completing an order or for contacting the user concerning its dealings with us;

  • All Content on this site remains the property of Kinwork. Unauthorised use, copying or distribution of content or material by the user is prohibited;

  • In the event a Product is listed at an incorrect price or with an incorrect description, we reserve the right to refuse or cancel an order.

l) If you do not agree with these Terms, then your sole remedy is to discontinue the use of the Content and Website.

4) Licence To Use Our Website

a) We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website in accordance with these Terms.

5) Product License Terms

a)  By agreeing to these Terms, you understand that if you are purchasing any Product, you are purchasing a single-user licence for that Product at the time of purchase. The licence is not exclusive and is not transferable.
b)  Products purchased from Kinwork:

  1. cannot be forwarded to a third party for their use or resold for any reason whatever.

  2. may be submitted for tender application purposes on a strictly confidential basis, and at no time are to be publicly distributed.

  3. may be converted into an electronic format (e.g. an e-form) provided the Product and resulting electronic format is for sole use by the user. 

6) Competitors Are Excluded From Using Our Website And Content

a)  You are prohibited from using our Website, including our Content, in any way that competes with our business.
b)  If we determine that you have breached these Terms, to the full extent permitted by law, then you agree that we may recover from you and incurred loss or damages including:

  1. any revenue you have gained, and any revenue we have lost through the unauthorised use of our Content;

  2. the costs of our investigation into the unauthorised use of our Content; and

  3. the costs of recovering the unauthorised Content, lost revenue, and the revenue you gained. 

7) Intellectual Property Rights 

a)  We, together with our licensors, own and control all the copyright and other intellectual property rights in our Website, Course Portals, and the Content (including without limitation the computer code, text, images, graphics, audio, audio-visual and / or video material on the Website) and all the copyright and other intellectual property rights in our Website and Content are reserved.
b)  You may view our Website and Course Portals in a web browser and print pages for your own personal purposes (as reasonably contemplated by these Terms), but you must not use our Website and / or Course Portals for any other purposes. Except as we have expressly permitted in these Terms, you must not:

  1. edit or otherwise modify any Content or Product on our Website and / or Course Portals;

  2. unless you own or control the relevant rights in the Content, republish Content from our Websites and / or Course Portals (including republication on another website), rent, lease, sell, licence, sublicence, distribute, circulate, reproduce, transfer, retransmit, assign, disseminate, or otherwise provide access to, or commercially exploit, the Content on our Website and / or Course Portals; and

  3. cause any of our Content to be embedded or framed in another website or platform or create derivative works from our Content.

c) Your use of our Website and / or Course Portals, and your use of and access to our Content, does not grant or transfer to you any rights, title or interest in relation to our Website and / or our Content. Our logo and those of our products are trademarks of Kinwork or its affiliates and unauthorised use is prohibited. 

8) Warranties

a)  Under applicable law (including, without limitation the Competition and Consumer Act 2010 (Cth) (CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) will be implied into these Terms (Non-Excluded Guarantees).
b)  We acknowledge that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
c)  Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, we make no warranties or other representations under these Terms including but not limited to the quality or suitability of the Products for specific sites or entities. Our liability in respect of these warranties is limited to the fullest extent permitted by law.
d)  If the Buyer is a consumer within the meaning of the CCA, our liability is limited to the extent permitted by section 64A - Schedule 2.
e)  If we are required to replace the Products under this clause or the CCA but are unable to do so, we may refund any money the Buyer has paid for the Products.
f)  If the Buyer is not a consumer within the meaning of the CCA, our liability for any defect or damage in the Product will be negated absolutely.
g)  To the extent permitted by law, we will not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

  1. The Buyer using the Products for any purpose other than that for which they were designed;

  2. The Buyer failing to identify site-specific risks and / or appropriately modify the Product to site-specific risks, hazards or other conditions;

  3. A third party failing to accept or approve the Product as suitable for the third parties’ use;

  4. The Buyer continuing the use of any Product after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

  5. The Buyer failing to follow any instructions or guidelines provided by us; and / or

  6. The Buyer failing to obtain professional advice regarding specific use of the Product. 

9) Limitation Of Liability

a)  To the maximum extent permitted by law, we and our related entities excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Website and / or Course Portals (including any use, performance of, interruption to, or outage of, our Website and / or Course Portals); the Content (including if our Content is incorrect, incomplete or out-of-date) and any loss or corruption of data.
b)  By using our Website and / or Course Portals, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. 

10) We Do Not Provide Legal Or Other Professional Advice

a) The user acknowledges and agrees that:

  1. We do not provide legal or other professional advice;

  2. Kinwork is not a professional services firm;

  3. We will provide information to help the Buyer answer questions regarding the ordering of a Product and the assistance is provided as information only, not advice;

  4. Only you are aware of the purpose for which a Product or information will be used. Therefore, we cannot guarantee any Product ordered will be suitable for your particular needs or is fit for a particular purpose;

  5. The Buyer must consult with an appropriately qualified professional for advice concerning the suitability of any Product you order from us.

11) Refund Policy

a) Every effort is made to ensure our Products are of the highest quality and are developed with best practices in mind. It is our policy to ensure all our Products match the product descriptions listed on our website.

b) Kinwork adheres to the applicable Australian laws and regulations regarding refunds, including those relating to intellectual property (IP) in the Australian Consumer Law and the Copyright Act 1968:

  1. Digital Content and Intellectual Property: In accordance with Australian intellectual property laws, refunds and transfers are not available for any materials delivered electronically including online courses and digital content.

  2. Change of Mind: Kinwork is unable to provide refunds for a change of mind under any circumstances. As per Australian Consumer Law, we are not required to offer a refund for a change of mind.

  3. Extenuating Circumstances: If you experience extenuating circumstances that may impact your ability to continue with a course, please contact us at hello@kinwork.org. Supporting documentation must be provided with your request. Approvedrefunds for extenuating circumstances will be subject to an administration fee of 50% of the amount paid for the service, content, or goods provided by Kinwork. This fee includes donations we may have made to social and / or environmental initiatives. Please note that no refunds will be issued for any accessed portions of the courses or programs.

  4. Refund Timeframe: Refunds are only available within 30 days from the date of enrolment. Requests made after this period will not be eligible for a refund.

  5. Payments via Lending Services: If you have made your payment via a third-party lending service, any applicable refunds will be subject to deductions for fees and charges incurred by Kinwork in processing the transaction.

d) If in accordance with above, you prefer an alternative to a refund, a store credit may be offered, which will be valid for 12 months from the date of issue.

e) We ask that you please choose carefully before making your purchase as we do not refund for incorrect choice or change of mind.
f) If you have any queries regarding any of our Products or services, please feel free to email us at admin @ kinwork.org before you purchase the Product or service. We endeavour to respond to all enquiries within one business day.

12) Subscribers

a) You can subscribe to our email list at anytime. Subscription occurs automatically for any user who has purchased a Product. 
b) Emails will be sent to Subscribers from time to time regarding news articles and / or Product promotions.
c) You can opt-out at any time, by clicking on the opt-out link at the bottom of each email.

13) Privacy

a)  We respect your privacy;
b)  When you enter information into our Website (e.g. to subscribe, purchase or contact us), the information is stored on our host's secure servers. We receive email notification about your order/request, but your payment (credit card) information is not transmitted via an insecure method, or via email.
c)  Our site uses cookies to enhance your experience with us. Cookies save you from having to enter your information on our site twice.
d)  Your information is held in a secure environment. When logged in, or 'checking out', you can see the small padlock icon in many browsers that indicates you are in a secure environment. You can double click this icon to see our SSL Certificate.
e)  You can view our full privacy policy here. 
f)  If you have any questions, comments, and concerns about privacy then please don't hesitate to contact us.

14) General Legal Terms

a)  Kinwork Group Pty Ltd is an Australian company. These Terms are governed by the laws of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia irrespective of where you are located.
b)  If any provision of these Terms is held to be invalid, illegal, or unenforceable that provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of the Terms shall be construed in a manner as to give the greatest effect to the original intention.
c)  You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
d)  You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with us, before resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.
e)  Any notices to us, and any questions, concerns or complaints relating to our Website must be in writing and addressed to: Kinwork Group Pty Ltd, Suite 220, 89 Burwood Rd, Hawthorn VIC 3122 or given by email to: admin @ kinwork.org