Information

Disclaimer

The material published on this website is intended for general information purposes only. Any opinions expressed in this material do not necessarily represent the views of Kim’s Commercial Services Pty Ltd (trading as KCS).

While care and consideration has been taken in the creation of the material on this website, we do not warrant, represent or guarantee that the material published on this website is in all respects accurate, complete and current. To the extent permitted by law, we exclude any liability, including any liability for negligence, for any loss or damage arising from reliance on material on this website.

Kim’s Commercial Services Pty Ltd is not responsible for the content of any third-party website to which links are provided from this website. Any links to websites are provided for your information and convenience only. Kim’s Commercial Services Pty Ltd does not endorse or control these websites and cannot guarantee that material on those sites is in all respects accurate, complete and current.

Terms of use

  1. About the Website

Welcome to www.kcs.com.au (the ‘Site’, the ‘Website’). The Website details grounds and garden maintenance services (the ‘Services’).

This website is operated by Kim’s Commercial Services Pty Ltd (trading as KCS), ABN 12 077 855 880. Access to and use of the Website, or any of its associated information, tools, products, or services, is provided by Kim’s Commercial Services Pty Ltd. Please read these terms and conditions (the “Terms”, “Terms of Use”, “Terms of Service”) carefully.

These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Kim’s Commercial Services Pty Ltd reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Website following the posting of any changes constitutes acceptance of those changes.

  1. Acceptance of the Terms

By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms and Policies, referenced herein and/or available by hyperlink. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Kim’s Commercial Services Pty Ltd in the user interface. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.

  1. Copyright and Intellectual Property

The Website, the Services and all of the related products of Kim’s Commercial Services Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Kim’s Commercial Services Pty Ltd or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Kim’s Commercial Services Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are on the Website to:

  • use the Website pursuant to the Terms; and
  • copy and store the Website and the material contained on the Website in your device’s cache memory.

Kim’s Commercial Services Pty Ltd retains all rights, title, and interest in and to the Website, and all related Services, and does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Kim’s Commercial Services Pty Ltd. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright; or
  • a right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or
  • a thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.

You may not, without the prior written permission of Kim’s Commercial Services Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show, or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

  1. Privacy

Kim’s Commercial Services Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Kim’s Commercial Services Pty Ltd’s Privacy Policy, which is available on this page.

  1. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Kim’s Commercial Services Pty Ltd will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out, of or in connection with, the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, or licensors of Kim’s Commercial Services Pty Ltd make any express or implied representation or warranty about the Services or any Products or Services (including the Products or Services of Kim’s Commercial Services Pty Ltd) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component(s), loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records.
  • the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related Products (including third-party material and advertisements on the Website).
  • costs incurred as a result of you using the Website, the Services or any of the Products of Kim’s Commercial Services Pty Ltd.
  • the Services or operation in respect to links which are provided for your convenience.
  1. Limitation of Liability

Kim’s Commercial Services Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Kim’s Commercial Services Pty Ltd, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

  1. Indemnity

You agree to indemnify Kim’s Commercial Services Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  • any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.
  1. Venue and Jurisdiction

The Services offered by Kim’s Commercial Services Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

  1. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Questions about the Terms of Use should be sent to us at admin@kcs.com.au

Privacy Policy

  1. Overview

Kim’s Commercial Services Pty Ltd (trading as KCS) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure, and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.oaic.gov.au

  1. What is Personal/Device Information and why do we collect it?

When we talk about “Personal Information” in this Privacy Policy, we are talking about both Personal Information and Device Information.

  • Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, email addresses, phone numbers, and state or territory of residence. This Personal Information is obtained in many ways including correspondence by telephone, email, via our website (www.kcs.com.au), from your website, from media and publications, from other publicly available sources, from cookies, and from third parties. We don’t guarantee website links or policy of authorised third parties.We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients, and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing. When we collect Personal Information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
  • Device Information is data automatically collected from you about your device and browsing behaviour including details of your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the website, we collect information about the individual web pages that you view, what websites or search terms referred you to the website, and information about how you interact with the website. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

  • “Cookies” – data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit www.allaboutcookies.org
  • “Log files” – files that track actions occurring on the website, and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons,” “tags,” and “pixels” – electronic files used to record information about how you browse the website.
  1. Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record, or health information.

Sensitive information will be used by us only:

  • for the primary purpose for which it was obtained
  • for a secondary purpose that is directly related to the primary purpose
  • with your consent, or where required or authorised by law.
  1. Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances, we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

  1. Use and Disclosure of Personal Information

We use the Personal Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Website – for example, by generating analytics about how our customers browse and interact with the Website, and to assess the success of our marketing and advertising campaigns.

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (NAI) educational page at www.networkadvertising.org

You can read more about how Google uses your Personal Information at www.google.com/intl/en/policies/privacy/

You can opt-out of targeted advertising for Facebook, Google and Google Analytics by clicking on the following links:

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at optout.aboutads.info/

Your Personal Information may be disclosed in other circumstances including:

  • third parties where you consent to the use or disclosure; and
  • where required to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
  1. Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss, and from unauthorised access, modification, or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

  1. Access to your Personal Information

You may access the Personal Information we hold about you to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing. Kim’s Commercial Services Pty Ltd will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your Personal Information, we may require identification from you before releasing the requested information.

  1. Maintaining the Quality of your Personal Information

It is important to us that your Personal Information is accurate. We will take reasonable steps to make sure that your Personal Information is accurate, complete, and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records to ensure we can continue to provide quality services to you.

  1. Policy Updates

We may update this Privacy Policy from time to time in order to reflect changes to our practices or for other operational, legal or regulatory reasons.

  1. How to Contact Us

If you have any queries or complaints about our Privacy Policy, please contact us at:

Kim’s Commercial Services Pty Ltd
PO Box 74, Chirnside Park VIC 3116
admin@kcs.com.au
0413 758 676