Standard Terms & Conditions
The Standard Terms & Conditions described here govern your use of KONZE.com website, its products and services. KONZE.com is owned and operated by KONZE Enterprise Pty Ltd (ABN:48626498628). These Terms & Conditions are subject to any changes or updates in the website. By using our website, you agree to these Terms & Conditions. The Privacy Policy is also incorporated in the Terms & Conditions of this website.
These Terms & Conditions shall be a legally binding electronic contract between you, which includes the company you represent and the company that registered you (collectively “you”), and KONZE Enterprise Pty Ltd, which includes its owner and assignees (“our”, “we”, “us”, or “KONZE”) and shall govern your use of KONZE’s software, website or connected services or other offerings on our website (collectively, our “services”). This agreement shall be deemed to be compliant with all the laws dealing with online and electronic contracts. This agreement does not require physical signature of the parties and shall be a legally binding and enforceable contract between the parties. By using the website or any of KONZE Enterprise’s services, you agree to become bound by the terms. KONZE’s acceptance of these Terms & Conditions is expressly conditioned upon your assent to all these terms, to the exclusion of all other terms. If these terms are considered an offer by KONZE, acceptance is expressly limited to these terms.
Customer Terms & Conditions
Intellectual Property And Ownership Of Content:
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where KONZE provides Content to You in connection with the Services, including, without limitation, the software, the products and the site, it is “Company Content”. Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third-party providers and suppliers) and is protected, without limitation, pursuant to Australian and foreign copyright and other intellectual property laws.
KONZE hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access Company Content available on Konze.com for Your personal, non- commercial purposes in accordance with these Terms and any conditions. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Company Content unless We give You explicit permission to do so. Company Content is licensed, and not sold to You. Notwithstanding the foregoing, we reserve the right to revoke this license to access and use Company Content granted to You as described above.
Restrictions On Use Of Website:
In accessing or using the Websites you agree that you will not:
- Alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, and/or modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person in doing so;
- Except as expressly authorized by KONZE, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the Services, including, without limitation, any content therein, without the express, prior written consent of KONZE or its owner if KONZE is not the owner;
- Engage in or encourage conduct that:
- Would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of KONZE as an entity or any of its personnel
- Affects adversely or reflects negatively on KONZE, its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to KONZE as an entity or any of its personnel
- Discourages any person or entity from using all or any portion, features or functions of the website, or from advertising, linking or becoming a supplier to us in connection with any of the Services;
- Impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity
Privacy:
Our Privacy and Cookies Policy is incorporated into these Terms & Conditions
Website content and access
Although KONZE attempts to take reasonable care in formulating and upholding the information available on this website we do not guarantee the reliability, accuracy, extensiveness or adequacy of any of the website content. You accept and acknowledge that the content on the website may comprise typographical errors and technical inaccuracies. You understand that the content on KONZE.com is subject to change without any prior notice may not necessarily be up to date or accurate at the time it is viewed by you.
You are responsible for enquiring with us directly to warrant the accuracy of the material or information you need to rely on. Including the Competition and Consumer Act 2010 (Cth) and as lawfully permissible, KONZE.com denies all liability for direct or indirect loss as a result of your use of the website and its content.
KONZE.com does not guarantee uninterrupted access to the website nor does it guarantee a virus free website or a website free from anything else that may damage your computer or any data on it when the website is accessed.
Third Party Content:
The Services may give You access to links to third party platforms, either directly or indirectly. KONZE does not endorse any of these Third-Party Platforms and does not control them in any manner. Accordingly, KONZE does not assume any liability associated with Third Party Platforms. You need to take appropriate steps to determine whether accessing a Third-Party Platform is appropriate, and to protect Your personal information and privacy on such Third-Party Platforms.
Disclaimer and Limitation of Liability
Neither KONZE nor any of our directors, officers or employees are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services and/or materials, available through our website. Your sole remedy for dissatisfaction with the services, is to stop using the services or linked third-party websites, as applicable.
You expressly understand and agree that KONZE Enterprise and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KONZE Enterprise has been advised of the possibility of such damages), resulting from use of the Website, content or any related services. If, despite the limitation above, KONZE Enterprise or its Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of KONZE Enterprise and/or Its Affiliates will in no event exceed, in the aggregate, the greater of the service fees you paid to KONZE Enterprise in connection with the specific service availed for.
Indemnity
You hereby indemnify, defend and hold harmless, KONZE and its officers, directors, or employees from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such a case, you agree to fully cooperate as reasonably required with such defences and in asserting any available defences.
Australian Consumer Law
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australia law.
Governing law
These Terms & Conditions are governed by the laws of Victoria, Australia.
Additional disclaimer
These Terms & Conditions administer the general rules and order by which a person or entity must agree to abide in order to use our services. For additional product or service specific terms and conditions, refer to Specific Terms and Conditions document accessible on the website of individual service of KONZE Enterprise that you use. This Terms and Conditions are to be read in conjunction with the product specific Terms of Use/Terms of Condition document.
