Through this software service, Konekta provides its users with a variety of tools and resources (including our website(s)) to enable them to collect user's account details and to create, invoice and manage Konekta services (the 'Services').
Please read this Agreement carefully before proceeding with any use of our website or the Services. By checking the 'I have read and agree to the Konekta Agreement. I accept these terms and conditions' box on the sign-up page or after logging in for the first time, you accept and agree to be bound by this Agreement.
If you do not accept the terms and conditions of this Agreement, please exit this website and cease using the Services immediately.
1. Services and Support
1.1 By posting updated versions of the Agreement on the Konekta website, or otherwise providing notice to you, Konekta may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Konekta website. It is your responsibility to review the Terms of Service from time to time if they have changed. Your continued use of the Services will constitute your acceptance of any variations to the Agreement.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, your use of the Services is expressly prohibited.
1.3 ALL MONIES PAID TO Konekta FOR THE SERVICES ARE NON-REFUNDABLE. Payment for Services must be made in advance based on usage of the service as recorded by Konekta's systems. Payments will be automatically deducted from the credit card supplied at sign-up on a monthly basis, based on the usage for that month. You hereby authorise Konekta to deduct funds from your nominated credit card when you use the Services. If Konekta is for any reason unable to effect automatic payment via your credit card, you will be notified via email.
1.4 You must complete the registration form on the signup page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify a mobile number, username and password for your Konekta account. You are responsible for maintaining the security of your account, username, passwords, and files and for all uses of your account and of the Services in your name. Konekta reserves the right to refuse registration of, or cancel accounts it deems inappropriate.
1.5 Konekta may receive commissions from 3rd parties as a result of you
using Konekta integrations.
2. Restrictions and Responsibilities
2.1 This is an Agreement for the Services, and you are not granted a licence to any software under this Agreement (except to the extent required for you to use the Services). Except to the extent that applicable laws prevent Konekta from doing so, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ('Software'); remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party except as defined and in accordance with these terms. If you are using the Services in any country in the European Community or Australia, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs or the Australian Copyright Act 1968 (Cth).
2.2 You acknowledge and agree that the Services, the Software, the Konekta company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of Konekta or its affiliates or suppliers (collectively, the 'Marks'). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Konekta or by other parties that have licensed their material to Konekta. You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Konekta. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in Konekta or its third party suppliers, as the case may be.
2.3 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Konekta. Konekta may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
2.4 Konekta will not use any of your subscriber lists or any other customer information for any other purposes than those related to the Services. Your customer information will not be shared with any other parties. In addition, Konekta will not use your customer information for the purpose of sending unsolicited commercial communications.
2.6 All rights not expressly granted are reserved.
2.7 The Services may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Konekta's direct control and Konekta accepts no responsibility or liability in respect of any such third-party materials or for the operation or content of other websites (whether or not linked to the Services). You acknowledge that Konekta is entitled to require you to remove any link from another website to the Services which you install without obtaining Konekta's prior written consent.
3. Reselling and Subcontracting the Services
3.1 Reselling of the Services to third parties is not permitted.
4.1 You may terminate this Agreement at any time by submitting a ticket. You may be required to complete a cancellation request form to allow us to process your cancellation request. A one off cancellation fee of $147 including GST will be charged. No refunds will be issued if you terminate this Agreement unless your account is in credit. For more information on specific products, please log in to support.konekta.com.au. Note: if you do not have an account to the support site, you may create one free of charge.
4.2 Konekta may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Konekta shall have no liability to you or any third party because of such termination. If Konekta terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement.
4.3 Konekta may delete any of your archived data within 30 days after the
date of termination. Any statutory retention requirements with respect to your business correspondence remain your responsibility. All
sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation,
ownership, warranties, disclaimers and limitations of liability.
5. Warranties, Disclaimer and Remedies
5.1 use of the services and any reliance by you upon the services, including any action taken by you because of such use or reliance, is at your sole risk. to the maximum extent permitted by law, konekta does not warrant that the services will be uninterrupted, accurate or error free; nor does it make any warranty as to the results that may be obtained from use of the services. the services are provided 'as is' and to the extent permitted by law.
5.2 Konekta disclaims all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose and non-infringement.
5.3 Your sole and exclusive remedy for any failure or non-performance of the Services shall be for Konekta to use commercially reasonable efforts to adjust or repair the Services, or where such adjustment or repair is not feasible, for Konekta to either (at its discretion) perform the Services again or provide you with a refund for the amount you actually paid to Konekta for the relevant Services.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, under no circumstances shall konekta or any of its underlying service providers, business partners, information providers, account providers, licensors, employees, distributors or agents (collectively referred to for purposes of this section as 'konekta') be liable to you or any other person for any loss or damage (including but not limited to direct, indirect, exemplary, special, incidental, cover, reliance or consequential damages, loss of profits or revenue, business interruption, loss of data, or failure to realise anticipated savings or benefits or business opportunities), or for any claim by any other party.
6.2 Konekta's exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if konekta has been notified of the possibility of such loss or damage.
6.3 You agree that konekta's liability to you at law will be reduced by the extent, if any, to which you contributed to the loss.
6.4 In the event that, notwithstanding the foregoing, konekta is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), to the fullest extent permitted by law the liability of konekta to you will be limited to:
6.4.1 In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
6.4.2 In the case of services, the supplying of the services again or the payment of
the cost of having the services supplied again or refund of fees actually paid for the services.
7. Export of Services or Technical Data
7.1 You may not remove or export from Australia or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Australia and all other applicable countries.
8.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
8.2 Konekta and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
8.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Konekta in any respect whatsoever.
8.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and legal fees.
8.5 The Agreement shall be governed by the laws of the State of NSW Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Brisbane, Queensland, Australia.
9. System Requirements
9.1 It is understood that in order to use the Services, a modern browser and a stable connection to the Internet is required. At any point in time we will support the current version, and one previous version of the following web browsers: Chrome, Safari, Firefox, and Edge. The Services may work in a limited manner on other web browsers (such as earlier versions of the previously mentioned browsers), but the Services were not designed for use on web browsers other than those recommended above.
10. Use of the Services
10.1 You will not violate or attempt to violate the security of our website or the Services. You will not attempt to circumvent any security measures, gain access to information to which you are not authorised, or otherwise hack into the web portal or any of Konekta's computer systems or the computer systems of other users of the Services. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
10.2 We consider the security of our systems a top priority. But no matter how much effort we put into system security, there can still be vulnerabilities present.
10.3 If you discover a vulnerability, we would like to know about it so we can take steps to address it as quickly as possible. We would like to ask you to help us better protect our clients and our systems.
10.4 Please do the following:
10.4.2 Do not take advantage of the vulnerability or problem you have discovered, for example by downloading more data than necessary to demonstrate the vulnerability or deleting or modifying other people's data,
10.4.3 Do not reveal the problem to others until it has been resolved,
10.4.4 Do not use attacks on physical security, social engineering, distributed denial of service, spam or applications of third parties, and
10.4.5 Do provide sufficient information to reproduce the problem, so we will be able to resolve it as quickly as possible. Usually, the IP address or the URL of the affected system and a description of the vulnerability will be sufficient, but complex vulnerabilities may require further explanation.
10.5 What we promise:
10.5.1 We will respond to your report within 3 business days with our evaluation of the report and an expected resolution date,
10.5.2 If you have followed the instructions above, we will not take any legal action against you in regard to the report,
10.5.3 We will handle your report with strict confidentiality, and not pass on your personal details to third parties without your permission,
10.5.4 We will keep you informed of the progress towards resolving the problem,
10.5.5 In the public information concerning the problem reported, we will give your name as the discoverer of the problem (unless you desire otherwise), and
10.5.6 As a token of our gratitude for your assistance, we may offer a reward for any reports of security problems that were not yet known to us. The amount of the reward will be determined based on the severity of the leak and the quality of the report.
10.6 We strive to resolve all problems as quickly as possible, and we would like to play an active role in the ultimate publication on the problem after it is resolved.
11. Website and Services availability
11.1 From time to time down-time, either scheduled or unscheduled, may occur. Konekta will work within reason to ensure this amount of down-time is limited. Konekta will not be held liable for the consequences of any down-time.
11.2 Konekta cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release Konekta entirely of all responsibility for any consequences of its use.
12. Force Majeure
12.1 Konekta will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Konekta's reasonable control.
12.2 If you have any questions about our Terms of service, please use our contact form.