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.
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.
In accessing or using the Websites you agree that you will not:
Our Privacy and Cookies Policy is incorporated into these Terms & Conditions
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.
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.
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.
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.
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australia law.
These Terms & Conditions are governed by the laws of Victoria, Australia.
X. Additional disclaimer
KONDESK is the CRM system owned and operated by KONZE Enterprise Pty Ltd (“KONZE”). These Terms & Conditions are in addition to the Terms & Conditions available on konze.com.
This document shall be a legally binding electronic contract between You, which includes the company you represent and the company that registered you (collectively “You”), and kondesk.com, which includes its owner and assignees (“Our”, “We”, “Us”, KONZE, or “Kondesk”). The Terms of Service described below govern your use of kondesk.com and its related products and services (collectively, our “Service”).
KONZE reserves the right to update or change the Terms of Service any time without prior notice. Any new feature/s that augments or advances the present Service, such as involving the release of new tools and resources, will be subject to the Terms of Service. Your continued use of the Service after any such changes will constitute your assent to said changes.
KONZE may choose to communicate with you via email regarding your account, news, updates or any other issues related to your account. You will hence automatically subscribe to our mailing lists or newsletters. You may choose to opt out of the subscription at any time
It is your responsibility to maintain the security of your account, username and password. KONZE is not liable for any loss or damage from your failure to conform with safety obligations
You are accountable for all published content and activity under your account (including user generated content) – be it live chat, help desk, phone or social.
Kondesk and its related Services require and active internet connection. It is Your responsibility to provide for and arrange a secure Internet access and pay any service charges linked to such access. If We believe that You are misusing the Service, We may until further notice, interrupt your use of the account and Service and may seek your cooperation to resolve the same
We reserve the right to accept or refuse our Service to a potential client. We solely have the discretion on whether to allow you to register, renew, change plan, or use our services.
You must provide your Company name, business email address, full legal name and any other information required to create an account with us
The Service is available free of charge if You register only up to 5 users on the account. If you wish to register more than 5 users, a trial/demo period will be available for 20 days after which You will be automatically charged a monthly Subscription Fee. This fee will be auto-debited using the payment details provided by You. If You cancel your subscription, you will still have access to our Service till the end of Your trial period.
The Terms of Service apply throughout Your free trial/demo period and during Your subscription to the Service based on the plan you choose.
Conditional upon your compliance with these Terms of Service throughout your period of Subscription, You have regulated, non-exclusive, and revocable right to access and use this Service for Your internal commercial purposes. You are responsible for the activities of any third parties using the Service through your account. You may subscribe to more than one supplementary Service within Kondesk. They may be subject to independent and separate Service Plans based on the Service you purchase
Unless otherwise stated in the Supplementary terms of an individual Service, excluding Your free trial/demo, all charges related to Your Account (“Subscription Charges”) are owed in full and billed in advance, when You subscribe to any Service. The Subscription Charges are based on the Service Plans You select and are owed in full until Your account is terminated, unless otherwise specified. We will provide You with a receipt for each payment made by You. You may also track your payment history from within the Service.
Subscription charges and the Service Plan prices are subject to change at our discretion. You will be notified of such changes via email. Kondesk shall not be liable to You or any third-party for any modification, price change, suspension, or discontinuance of the Service.
Subscription charges are payable by Your credit card or any other accepted method of payment by setting up automatic debit during account set-up. You hereby consent Us or Our approved agents, as applicable, to bill Your credit card upon Your subscription to the Service (and any renewal thereof). Payments are due on a monthly basis.
Your subscription to the Service will automatically renew for the next term equivalent to the then elapsing term. The Subscription Charges for each renewal will remain the same for your chosen service plan unless otherwise specifiedYou acknowledge and agree that, unless You terminate Your Account according to the Terms set out the in the Suspension and Account Termination section, Your credit card will be charged automatically for the applicable Subscription ChargesWe may use a third-party service provider to manage credit card details and other payments; provided that the provider is not permitted to store, retain or use Your payment account information except to process your payments for Us. You must notify Us if there are any changes in Your credit card or other payment account details, by either updating Your Account or by e-mailing Us at firstname.lastname@example.org.
Unless otherwise indicated in these Terms or as part of Your Service Plan, all Subscription Charges are non-refundable. No repayments shall be issued for partial use or non-use of the Service by You.
Unless otherwise indicated, the Subscription Charges exclude any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are accountable for paying the Taxes that would be imposed on You by government authorities. You will receive an invoice form Us for such Taxes if We believe We have a lawful obligation to do so and You agree to pay such Taxes if so invoiced
We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges or an extension in Subscription Term for no extra payments from You, in terms of Service use. Such benefits would be specific to Your Account and the Service identified while offering these benefits. They are not transferrable. The benefits may have an expiry date.
We shall not be liable to You or any other third party for suspension or termination of Your Account or access to and use of the Service, if such suspension or termination is in accordance with these Terms.
We will notify You if the auto-debit for Your Account fails and We do not receive payment towards the Subscription Charges within the due date for Your Account. You will be given seven (7) days to make a payment using Your credit card or any other acceptable payment method as specified on the payment Form. If We do not receive payment within the foregoing time period, in addition to Our rights to other remedies available under law, We may (i) Suspend Your access to and use of the Service until We receive the payment for the Subscription Charges as specified in these Terms (ii) Restrict Your access to premium features of the Service and/or (iii) Terminate Your Account.
In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account and the Service if You are in violation of the Terms; these may include misuse of the Service or a breach of the Terms specified in this document. You will be notified of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of seven (7) days to rectify or cease such activities. If You do not rectify such activities within said period or if We believe that Your breach of these Terms cannot be rectified, Your Account shall be terminated.
Only the individual Account owner can terminate the Account. This individual is solely liable for correctly cancelling Your account. If You pay for Your Account through credit card, You may elect to terminate Your Account at any time by clicking on the ‘Account Settings’ link in the ‘Admin’ page when You log in to Kondesk. You may also terminate Your Account by writing to email@example.com. Account cancelations typically take about 2-3 business days to be processed. Once your account is cancelled, all your account information will be deleted after 20 days. You won’t be charged again after your official cancelation date.
We strongly recommend that You export all Your Service Data before You terminate Your Account even if You do not renew Your Subscription after the trial period. In any event, following the termination of Your Account either by You or Us, including the trial period, We will retain Your Service Data for a period of one (1) year after termination, unless otherwise specified.
Throughout Your Subscription term, You may request Us to import data into Your Account. You hereby recognise and acknowledge that We may access and process Your data in connection with offering You support during such migration of data.
If You choose to terminate a lock-in contract before the end of its term, We may charge you an exit fee. Similarly, any technical support You may require for data export after the termination of Your subscription is also chargeable by us at $100-$ 250 per hour.
If You terminate Your Account prior to the end of Your then-effective Subscription Term or We effect such termination, in addition to other amounts You may owe Us, You must immediately make any outstanding payments associated with the remainder of Your Subscription Term, unless waived by Us in writing.
You will not be required to pay this amount in the event You terminate Your subscription or Your Account due to a material breach of these Terms by Us, provided that You provide advance notice of such breach to Us and allow Us not less than thirty (30) days to reasonably rectify such a breach.
KONZE in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other KONZE service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all content in your Account.
You may modify, change or customise Your Service Plan or between two Service plans. However, You acknowledge that downgrading a service plan may lead to loss of content, features or capacity of the Service. We are not liable for this loss. New Subscription charges may also be applicable based of the new/modified Service Plan You choose If you choose to update a plan, the Subscription charges for the existing month will be charged on a pro-rata basis and the following months will be charged according to the new Service plan. If the new Service plan is a downgrade from the previous plan, You will obtain a refund for the existing period in the form of credits; these will be credited to Your Account and will act as an offset for the new Subscription Charges payable for the following months.
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 KONDESK 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 kondesk 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.
Your access to the Service may be restricted or unavailable (a) during scheduled downtime for upgrades and maintenance to the Service (We will use reasonable efforts to inform You in advance through Our Service, or (b) during any inaccessibility caused by conditions beyond Our control, such as, but not restricted to, natural calamities, acts of government, acts of terror or political conflict, mechanical breakdowns beyond Our control (including, without limitation, incapability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks. We will use commercially reasonable efforts to schedule downtimes for weekends (Pacific Time zone) and other off- peak hours.
Additional services such as integrations and applications may be made available to You when You use Kondesk. You have the choice to enable these additional Services and integrate them into Our Service as a part of Your Service plan. These services are directed by their own terms and privacy policies. You therefore acknowledge that we are not responsible for Your use of these Services, and We are not liable for any warranties, loss or damage due to Your choice to integrate, access and use these services. You are responsible for Your reliance on the privacy practices, data security procedures or additional policies of such Services and hence cannot hold us liable in connection to the same. We are also not accountable for the data hosting and data transfer practices of the providers of such Services. You must contact the providers of these Services in relation to any comments, queries, complaints or feedback about such other Services.
In jurisdictions where the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not permitted, our liability will be limited to the greatest extent permitted by law.
Terms and Conditions for the Use of www.Konpare.online and Other Related Services
Konpare is a completely private service wholly owned by Konze Enterprise Pty Ltd and does not hold any affiliations or associations with any governmental or related institutions whatsoever, nor does it represent any governmental or related institutions whatsoever.
Konpare provides a service that allows users to generate customer leads for providing quotes and accepting applications for the fresh issuance of or for renewal of insurance or other benefit plan contracts of insurance providers marketed on Konpare’s online quote tool by using the material and data (“Konpare content”) uploaded on Konpare’s website. In the absence of a linked source, Konpare offers provisions to purchase specific insurance policies from a third party insurance provider through the Website directly. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. By making use of this Website, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected. You hereby agree that Konpare may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) (like renewals, reminders etc.) and to fulfill your demand. You also agree that Konpare reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information through email, telephone and/or SMS. You agree to receive promotional materials and/or special offers from Konpare through email or SMS.
b. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted
a. The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Konpare for any reason. If you do not qualify, you may not use the Service or the Website.
b. KONPARE grants you a limited license to access and make personal use of the Website and the Services. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in KONPARE’s sole discretion) an unreasonable or disproportionately large load on KONPARE’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by KONPARE to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by KONPARE. By using the Website you agree not to:
a. All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, images, reviews, ideas, user interfaces, visual interfaces, photographs, trademarks, logos, computer code and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where Konpare 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.
b. Such Content, contained on the Site is owned, controlled or licensed by or to Konpare, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
c. Konpare does not claim ownership of any materials you make available through the Website. At Konpare’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Website, you grant Konpare a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website:
e. Konpare may grant you a limited, non-exclusive, non-transferable license to access Company Content available on Konpare for use in accordance with these Terms and any other conditions. All other uses are expressly prohibited without 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.
f. You may use information on Konpare’s services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Konpare for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
g. Although Konpare attempts to take reasonable care in formulating and upholding the information available on the 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 errors as well as informational inaccuracies due to changing migration laws. You understand that the content on www.konpare.online 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.
h. 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, Konpare denies all liability for direct or indirect loss as a result of your use of the www.konpare.online website and its content.
i. Konpare does not guarantee uninterrupted access to www.konpare.online 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.
j. Widget and Widget Content: Konpare widget (the “Widget”) is a tool that you may place on your website for allowing visitors on your website to access and view content on the Konpare website. You agree and acknowledge that this Widget may display Konpare logos, search boxes that link to information located on our website, advertising for Konpare or advertising for third party products (the “Widget Content”). The Widget will include software files or images incorporated in, or generated by, the Widget, and any and all data and html embedded code that accompanies the Widget, and any upgrades, enhancements or modifications to such software and code. Konpare retains all ownership and other rights in the Widget and the Widget Content, and in the Konpare logos and trademarks. You agree and acknowledge that Konpare may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyse any data or information resulting from use of a Widget. If you object to any of these changes, your sole recourse is to stop using the Widget and remove the Widget from your website.
k. Third Party Content: The Konpare Services may give you access to links to third party platforms, either directly or indirectly. Konpare does not endorse any of these Third-Party Platforms and does not control them in any manner. Accordingly, Konpare 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.
b. Referral Arrangement
c. Cancellation & Termination
a. Binding Contract
b. Warranty & Disclaimer
c. Terms for the Purchase of Insurance Products
d. Specific Conditions of Sale
e. General Refund Rules for OSHC purchases
f. Customer Due Diligence
g. Other Terms for Use of Our Services
a. Konpare may choose to communicate with you via email regarding your account, news, updates or any other issues related to your account. You will hence automatically subscribe to our mailing lists or newsletters. You may choose to opt out of the subscription at any time
b. When you use the Website or send emails to Konpare, you are communicating with Konpare electronically. You consent to receive communications from Konpare electronically. Konpare may communicate with you by email or by posting notices on the Website or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
a. Conditional upon your compliance with these Terms of Service throughout your period of Subscription, you have regulated, non-exclusive, and revocable right to access and use this Service for Your internal commercial purposes. You are responsible for the activities of any third parties using the Service through your account. You may subscribe to more than one supplementary Service within Konpare. They may be subject to independent and separate Service Plans based on the Service you purchase.
a. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Konpare reserves the right to bar any such activity.
b. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Konpare server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
c. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Konpare, including any Konpare account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
d. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Konpare’s systems or networks, or any systems or networks connected to the Site or to Konpare.
e. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
f. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Konpare on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
h. You may 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.
i. You may not, nor shall you allow-any third party to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party or otherwise use the services, including, without limitation, any content therein, without the express, prior written consent of Konpare or its owner if Konpare is not the owner;
j. You may not engage in or encourage conduct that would violate any applicable laws or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of Konpare as an entity or any of its personnel or affect adversely or reflect negatively on Konpare’s Services, our goodwill, name or reputation or causes duress, distress or discomfort to Konpare as an entity or any of its personnel, or 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
k. You may not impersonate any person or falsely state or otherwise represent your affiliation with a person or entity.
l. Subject to your compliance with this Agreement, Konpare hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Konpare Widget for your internal commercial purposes on a website for which you have proper authorization (“your website”) as permitted by this Agreement (should mention this is the Agreement). You are responsible for the activities of any third parties using the Service through your account. You may subscribe to more than one supplementary Service within the Konpare Widget. You are not licensed to use the Widget for any other purpose, and nothing in this Agreement shall be deemed to grant you any right, title or interest in the Widget.
m. In accessing or using the Widget you agree that you will not decompile, reverse engineer, disassemble, modify, embed, rent, lease, loan, distribute, or create derivative works or improvements from the Widget or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Widget, or encourage, assist or authorize any other person in doing so.
n. In accessing or using the Widget you agree that you will not incorporate the Widget into any hardware or software device that you are not authorized to use or otherwise modify
o. In accessing or using the Widget you agree that you will not obtain or attempt to obtain unauthorized access to Konpare’s network(s).
p. In accessing or using the Widget you agree that you will not obscure or disable any element of the Widget.
q. In accessing or using the Widget you agree that you will not display the Widget on any site that disparages Konpare or its products or services, infringes any Konpare intellectual property or other rights, or violates any applicable law.
r. In accessing or using the Widget you agree that you will not place the Widget on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by Konpare in its sole discretion.
t. In accessing or using the Widget you agree that you will not display the Widget in a manner that does not permit successful linking to, redirection to or delivery of the applicable Widget Content. You may not insert any intermediate page, splash page or other content between the Widget and the applicable Widget Content.
u. Subject to the express parameters of the limited license granted to you above, the Widget and the Widget Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way
v. Without the express written consent of Konpare, the Widget may not be embedded by you or third parties within other widget or gadgets or software modules. You acknowledge and agree that Konpare may crawl or otherwise monitor your site for the purpose of confirming compliance with this Agreement.
w. You shall be responsible for obtaining and maintaining all computer software and hardware and other equipment needed for access to and use of the Widget and Konpare services, and all fees and charges related thereto. Konpare may offer upgrades or updates to the Widget at its sole discretion. Notwithstanding the foregoing, nothing in this Agreement will be construed as an obligation for Konpare to install, maintain or support the Widget or to provide you with upgrades, updates or plug-ins to the Widget. Konpare may change, suspend, or discontinue any aspect of the Widget at any time without notice to you. Konpare may impose limits on certain features and services or restrict your access to parts or all of the Widget, related content and services without notice or liability.
x. Konpare assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer software, equipment or other property as a result of your access to or use of the Widget, or your downloading of any materials, data, text, images, video, or audio from any Konpare website.
b. Konpare will, at its discretion, verify your current Visa status via the VEVO system. This is to ensure that we have the right information if and when a refund has to be initiated on behalf of the purchaser.
c. Konpare may, at its sole discretion, offer certain benefits such as discounts on subscription charges or an extension in subscription term for no extra payments. Such benefits would be specific to your account and the service identified while offering these benefits. They are not transferable. The benefits may have an expiry date, and in such scenarios we shall keep you informed prior to commencement of use of the service.
d. Konpare’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
e. Konpare may make changes to any services offered on the Site, or to the applicable prices for any such services, at any time, without notice. The materials on the Site with respect to services may be out of date, and Konpare makes no commitment to update the materials on the Site with respect to such services.
a. Certain features or services offered on or through the Site may require you to open an account (including setting up an Konpare ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Konpare immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Konpare or any other user of or visitor to the Site due to someone else using your Konpare ID, password or account as a result of your failing to keep your account information secure and confidential.
b. You may not use anyone else’s Konpare ID, password or account at any time without the express permission and consent of the holder of that Konpare ID, password or account. Konpare cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
a. This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Konpare’s control, and Konpare is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
b. The Website or third parties may provide links to other World Wide Web Websites or resources. Konpare has no control over such third party Websites and resources, and thus you acknowledge and agree that Konpare is not responsible for the availability of such external Websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Websites or resources. You further acknowledge and agree that Konpare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.
a. KONPARE does not promise that the site or any content, service or Feature of the site will be error-free or uninterrupted, or that any defects will be Corrected, or that your use of the site will provide specific results. The site and its Content are delivered on an “As-is” and “As-available” basis. All information provided On the site is subject to change without notice. Konpare cannot ensure that any files or Other data you download from the site will be free of viruses or contamination or Destructive features.
b. KONPARE disclaims all warranties, express or implied, including any Warranties of accuracy, non-infringement, merchantability and fitness for a particular Purpose.
c. KONPARE disclaims any and all liability for the acts, omissions and Conduct of any third parties in connection with or related to your use of the site And/or any konpare services. You assume total responsibility for your use of the site And any linked sites. Your sole remedy against konpare for dissatisfaction with the site Or any content is to stop using the site or any such content. This limitation of relief Is a part of the bargain between the parties.
d. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
e. KONPARE reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
a. Except where prohibited by law, in no event will Konpare be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Konpare has been advised of the possibility of such damages.
c. Neither Konpare nor any of its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates 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.
d. In jurisdictions where the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not permitted, our liability will be limited to the extent permitted by law.
e. If, despite the limitation above, Konpare 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 Konpare and/or its affiliates will in no event exceed, in the aggregate, the greater of
f. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Konpare, its affiliates, and/or their respective service providers.
a. You agree to indemnify and hold Konpare, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Konpare by any third party due to or arising out of or in connection with your use of the Site.
b. Konpare reserves the rights, at its 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.
a. Konpare may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Konpare’s rights or property, or the rights or property of visitors to or users of the Site, including Konpare’s customers. Konpare reserves the right at all times to disclose any information that Konpare deems necessary to comply with any applicable law, regulation, legal process or governmental request. Konpare also may disclose your information when Konpare determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
d. You agree that Konpare may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
a. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Australia and by the laws of the State of Victoria without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Melbourne, Victoria, and waive any objection to such jurisdiction or venue. This document and the relationship between you and Konpare will be governed by the laws of the Australia without regard to its conflict of law provisions.
c. The failure of Konpare to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Konpare does not guarantee it will take action against all breaches of these Terms. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. These Terms constitutes the entire agreement between you and Konpare and governs your use of the Website, superseding any prior agreements between you and Konpare with respect to the Website.
d. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australian laws.
f. If any of the conditions in this document are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section.
a. Konpare administers and operates the www.Konpare.com Site from its location in Melbourne, Victoria, Australia; other Konpare sites may be administered and operated from various locations outside Australia.
b. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Australia. Konpare reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
a. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any service offered on the Site, in violation of any applicable laws or regulations, including without limitation Australian export laws and regulations.
c. Konpare provides access to Konpare international data and, therefore, may contain references or cross references to Konpare programs and services that are not announced in your country. Such reference does not imply that Konpare in your country intends to announce such programs or services.
a. Any feedback you provide at this site shall be deemed to be non-confidential. Konpare shall be free to use such information on an unrestricted basis.
b. The information contained in this web site is subject to change without notice.
Upon the submission of an application, the applicant permits KONCHECK to submit a Nationally Coordinated Criminal History Check to the Australian Criminal Intelligence Commission (ACIC) on their behalf. In several instances of the website, the acronym NCCHC is used which denotes “Nationally Coordinated Criminal History Check”.
The applicant understands KONCHECK is in full compliance with the Agreement with the ACIC and meets the expectations outlined in the National Police Checking Service Standards.
The applicant agrees they have provided accurate, up-to-date information and thoroughly reviewed all the information and documents they have produced in the application prior to submission. When providing consent, the applicant agrees they have read and understood the criteria for the consent.
The applicant understands KONCHECK does not have any rights to alter the results of a Check Results Report.
KONCHECK is dedicated to providing its’ users information in a smooth and timely manner and process. The user understands that KONCHECK cannot expedite a normal priority application for the Nationally Coordinated Criminal History Check.
An urgent priority can only be applied to police check applications where a delay in results may have a direct impact on the care, safety, or provision of essential services within the community. If the applicant wishes to lodge their police check application on an urgent priority, the purpose of the check specified on the application must fall into an urgent priority category. Upon request, the applicant must be able to provide proof of the specified purpose. KONCHECK reserves the right to deny any request for urgent priorities if it is evaluated that the application does not fall under urgent priority.
An applicant may only request for a follow-up of their police check result after 10 business days of submitting their application. For urgent priority cases, the applicant should wait 5 business days before requesting a follow-up.
KONCHECK only provides a portable document format (commonly known as PDF) for their applicants’ police check results. We do not provide any sort of hard copies of the certificates.
If an entity is concerned about the authenticity of the certificate, they may contact us providing the Applicant’s name and the Reference or Certificate Number. After receiving appropriate consent from the applicant, KONCHECK can validate the authenticity of the certificate for the concerned entity.
There may be circumstances where an applicant has concerns about the disclosure of previous or alias names and may request the removal of these names from their police check result. Please contact firstname.lastname@example.org for further assistance on this.
If an applicant believes the NCCHC Certificate received contains any incorrect information, they may raise a dispute. For more information on our dispute process, click here.
Given the nature of the digital services provided, KONCHECK does not generally offer a refund or credit on a purchased service unless required under Australian consumer law or other relevant consumer protection laws.There is legally no obligation to provide a refund or credit in situations including the following:
However, KONCHECK will only provide refunds where KONCHECK evaluates and determines at its sole discretion that extenuating circumstances apply to the Customer. KONCHECK will assess refund or credit requests on their merits, considering the digital nature of KONCHECK services and the type of issue faced by the customer.KONCHECK will not, in any circumstance, issue a refund for:
If KONCHECK decides to issue a refund or credit, this will generally be done using the same payment method used to make the purchase. Any payment made to you will be made in Australian Dollars.
Procedure for requesting refunds: To request a refund, please email us at email@example.com. The request must be submitted by the registered email ID and include the applicant’s full name, date of birth, reference number, and an explanation of why they are requesting a refund. After assessing the refund request, KONCHECK will decide the quantum of refund which may be in full or in part. An applicant may be liable for a non-negotiable administrative processing fee of 5% irrespective of whether they are granted a refund or not
To the full extent permitted by law, KONCHECK reserves the right to reject any application for a refund at its sole discretion.
KONCHECK may embed, incorporate or use verification functionality or features with respect to NCCHC’s, which may include providing access to an online verification of the Agency Information contained in the check, or such other security or integrity measures as determined by KONCHECK.
The customer acknowledges and agrees that by forwarding or making available, or by permitting KONCHECK or another party to forward or make available, a NCCHC to a third party, the customer consents and agrees that such third party may also access the relevant Agency Information of the relevant individual (being the subject of the NCCHC), and use such verification functionality or features with respect to the Agency Check.
The customer acknowledges and agrees that providing such third parties with access to the relevant Agency Information in accordance with such verification functionality or features is appropriate and responsible, and required to maintain security and integrity of the relevant Agency Check.
When you disclose personal information to a third party by giving them a copy of your police check (either in electronic or a hard copy format) you also consent to us also disclosing your personal information to that third party through a verification functionality or feature.
You acknowledge and agree that such disclosure through a verification functionality or feature is appropriate and necessary to maintain security and integrity of the personal information contained in police checks.
Although KONCHECK attempts to take reasonable care in formulation and upholding the information available on this website we do not guarantee the reliability, accuracy, extensiveness or adequacy of any of the website content. The user accepts and acknowledges that the content on the website may comprise typographical errors and technical inaccuracies. You understand that the content on KONCHECK is subject to change without any prior notice and 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 and as lawfully permissible, KONCHECK denies all liability for direct or indirect loss as a result of your use of the website and its 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 KONCHECK provides Content to the user in connection with the Services, including, without limitation, the software, the products and the site, it is “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.
KONCHECK hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access Content available on KONCHECK 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 Content unless We give You explicit permission to do so. Content is licensed, and not sold to You. Notwithstanding the foregoing, we reserve the right to revoke this license to access and use Content granted to You as described above.
KONCHECK does not warrant or guarantee that the service will be uninterrupted, continuous or faultless. KONCHECK reserves the right to alter, suspend or discontinue any aspect of our website of the content or services available through it, including your access to it.
We make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
KONSIGN, its website, products and services are all governed by its parent company, Konze Enterprise. Hence, the Terms & Conditions set forth by the parent company (enlisted here: insert Konze T&C link here) are also incorporated into its product KONSIGN, in addition to the following terms and conditions:
It refers to the Terms, i.e., conditions as applicable to the use of a specified service. It may be viewed by clicking on the “Terms of Service” link listed in such Service description. It may also be updated or amended from time-to-time, with or without notice.
It includes functions of an electronic nature provided on or through our Platform and delivered to the User through a technology infrastructure with minimal or no human intervention. It includes Services along with its components, and Updates, as may be provided by KONSIGN at any time in its sole discretion. KONSIGN provides access to services based on the plan the User subscribes to.
It shall include bug fixes, new features, corrections added or removed from our Platform and Services, but shall not include any product that KONSIGN sells or markets separately.
It means our official website www.konsign.com and any other software owned by the company which may allow Users to utilize and/or give access to our Services.
Any Visitor (who accesses the Platform but does not register), Registered User (who signs up for an account with KONSIGN), Subscriber (A Registered User who purchases a subscription plan) or any other person, albeit unregistered on our platform but who utilizes the Services in the event of signing a document through KONSIGN, will be referred to as the authorized “User” (“Consumer”, “You”) of our Services. The term shall also include an existing User’s affiliates and/or representatives registered on our Platform.
It includes any other company or companies, including subsidiary companies & affiliates (“we”, “us”, “our”) of KONSIGN.
It consists of any information, data, text, files, User profiles, software, graphics, analytics, and other interactive features generated, provided, or otherwise made accessible, without limitation, or provided either by you or inputted by us or our partners or sponsors on or through the Platform.
3.1. Reservation of Rights/Ownership
KONSIGN enables the facilitation & execution of electronic transactions between parties by finalizing agreements through e-Signatures and enables Electronic Transaction Management System. “Electronic Transaction Management System” refers to an on-demand electronic signature service which provides an online display, secure delivery, certified acknowledgement & storage services for e-Documents using Cloud Services via the Internet.
All information, content, text, graphics, design, compilation and arrangement of elements, organization, software, and other Content on our Platform are the property of KONSIGN or its licensors.
Our Services are protected by applicable worldwide intellectual property laws. In this context and through our Terms you acknowledge that both our Content & Services are protected by copyright, patent, trademark, or other intellectual property rights.
KONSIGN reserves all the right, title & interest in and to the Services without limitation. No rights are provided to you otherwise than by explicit written consent. Unauthorized use & access of materials from this site may violate copyright, trademark and privacy laws.
Please note that our Services are not designed for people below the age of 18 (“minors”). We do not knowingly ask or collect information from minors. Any such information unknowingly used will be deleted from our Platform.
3.2. Access To Use Our Services
Subject to your compliance with the Terms:-
You are granted a limited, non-transferable, non-exclusive, revocable right to use and access our services;
You agree not to reproduce, distribute, create derivative works from, publicly perform or display, sell or re-sell any content, software, products and/or services received by you though KONSIGN without explicit prior consent & written permission of KONSIGN.
The Terms or your access and use of our Services do not transfer, to you and/or a third party, any rights, title and/or interest to any Intellectual Property Rights.
3.3 Responsibility For Content
Between KONSIGN and the Customer:-
The customer has exclusive control over the content, its quality & format.
KONSIGN will not retain any right, interest & title in the Content uploaded by you. We may provide links to publicly available Content to use with the Services but will not take any responsibility in any manner for such publicly available content.
If you are an administrator for your account, then you are responsible for the Content and activities of your users.
E-Documents stored by you on our system are maintained in an encrypted form & KONSIGN has no control or access to the same.
Subject to the above, you shall be prohibited from using our services in the following circumstances:-
Explicitly violating or attempting to violate the integrity or security of any Content as made available by KONSIGN;
Intentionally submitting any incomplete, false or inaccurate information;
Duplicating or copying in any manner any of our Content or other information available;
Disabling any electronic rights management, usage rules, or any other security features.
The customer must agree and acknowledge the following:-
In the facilitation and execution of electronic transactions and finalization of agreements, KONSIGN is not to be interpreted as a party involved in the said electronic transaction. Further, KONSIGN makes no representation or warranty concerning the transaction sought to be affected by any document processed using our services.
that are subjected to an exception to any applicable electronic signature laws;
Subjected to any specific agency’s statutory or administrative Law; and
whether it can be legally finalized using electronic signatures;
KONSIGN is not accountable for determining the period for which any contract, document, agreement and other records are to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, KONSIGN is not responsible for providing customer’s e-Documents to third parties;
Certain consumer protection laws or regulations which may mandate special requirements with respect to electronic transactions involving one or more “consumers,” such as (amongst others) the consumer must consent to the manner of contracting and/or the consumer must receive a physical copy, or access to a copy of the agreement in other non-electronic forms. In the context of the aforesaid, KONSIGN is not accountable for: –
ascertains whether any particular transaction involves such a “consumer;”
Obtain any such consents from consumers or determine if any such consents have already been withdrawn;
Provide any information or disclosures to obtain any such consents;
Provide legal review of, or edit, update or correct any information or disclosures currently or previously given;
provides copies or such access, except as expressly provided in the Documentation for all transactions.
Our Services are compliant with all the major e-Signature laws around the world.
Australia: According to part 10 of the Electronic Transactions Act of Australia, electronic signatures is considered to be legally enforceable.
India: The Information Technology Act, 2000 is currently the main source of Law governing the validity of e-signatures in India.
US: On 1st October 2000 the U.S. made e-signatures inclusive with the Electronic Signatures in Global and National Commerce Act (“E-Signature Act”).
European Union (EU): December 1999 marked the establishment of a common framework for electronic signatures in the EU with the 1999/93/EC Directive on Electronic Signatures.
UK: E-signatures are legally permissible in the UK after the Electronic Communications Act 2000 which adopts certain provisions of the EU’s Electronic Commerce Directive.
You may create an Account with us by signing up. Creating an Account shall amount to:-
Your clear indication of agreeing to the Terms of Service.
Your consent to providing contact information for identity verification purposes.
Your consent to providing any other such authentic information as required for the registration process.
KONSIGN provides Services for a charge (“Paid Services”). For such Paid Services, you will mandatorily need to create an account on our Platform. For the same, an email address and a password must be provided. You may not share the details of your account with anyone else and keep your password confidential. In case you feel like your account has been compromised, you must contact our support team administrator at the earliest for immediate action.
In certain cases, an account may also be assigned to you by your Employer or Team Leader or any other person authorized to do so as an account admin.
KONSIGN offers a host of plans, customizable as per the User’s requirements. Each plan shall give you different features to work with as per your convenience and ease-of-access. Once you sign up for a plan, you agree to take full responsibility to pay for the fees charged under the said chosen plan.
You may purchase a monthly or an annual plan. For such recurring access to our Services, you agree to provide KONSIGN with your Credit or Debit Card details or details of any other mode of bank transfers or authorise other such automatic electronic payment mode (“e-Payment Account”). In addition to the above, you authorize KONSIGN for charging such e-Payment Account for recurring payments. Such recurring payments may be carried out in the same manner as the initial/first payment. The conditions of the recurring payment shall be agreed upon between KONSIGN and the user. All fees, expenses, charges & taxes due hereunder shall be payable in Australian Dollar (AUD). All dues must be paid in full without any deduction, withholding, set-off or counterclaim of any kind unless permissible under law.
Furthermore, you agree that KONSIGN may change its fees from time to time under its sole discretion. KONSIGN shall inform Users about such changes by posting notice of the same on its Platform.
6.3. Billing & Invoice
For monthly plan billings, KONSIGN enables a month-to-month access to our Services. Monthly plans are renewed every month on the day you originally signed up with us. For annual plan billings, you are provided with year-to-year access at a relatively lower rate & substantial savings in comparison to the monthly plan. Annual plans too shall be renewed every year on the date you originally signed up with us.
If you are invoiced by KONSIGN, either monthly/annually, you agree to pay the billed amount before the expiry date. All fees are payable in Australian Dollar (AUD) and are non-refundable. In case the payment is not received within the stipulated time from when the fees become due, KONSIGN reserves the right to, without any liability to you, disable your access to your KONSIGN Account
Users also realize their duty to submit correct & accurate billing address and contact information for maintaining transparency.
In case payment dates fall on a holiday or the weekend you acknowledge and understand that the payment will be automated on the next working day.
6.4. Cancellation Policy
In case you choose to cancel your subscription on your own accord, you will be billed for the current billing cycle & your account will not be renewed again. However, you cannot claim any partial refund. Your account will continue to be in the same plan till your subscription expires. No additional charges will be made for cancellation. Keeping in mind the fairness to all involved, no exceptions will be made.
6.5. Additional Terms for KonSign Services
KONSIGN’s “Electronic Transaction Management System” refers to an on-demand electronic signature service which provides an online display, secure delivery, certified acknowledgement & storage services for e-Documents using Cloud Services via the Internet.
With regards to the same, you understand, acknowledge & agree to the following:-
Storage: User may store e-Documents on our Platform as per the Subscription Plan chosen by them. Any User may, through the Account Administrator, choose to save any e-Document, stored on our Platform, for storage outside the system at any time during their subscription. However, KONSIGN may pose limits on usage in order to prevent abusive or burdensome use of KONSIGN’s Services.
Drafts: KONSIGN may, at its sole discretion, delete uncompleted documents & drafts from its system, with or without prior notice, and immediately upon the expiration of the User’s subscription term. KONSIGN assumes no responsibility or liability for the inability of any authorized party to e-sign any such documents in the interim.
Sending: Users may send e-Documents, at will, for signing to as many authorized parties as their subscription plan may dictate. There is no limitation on the number of the recipients.
Retention: KONSIGN will always retain your data for future references.
6.6 Comments Functionality
“Comments” on KONSIGN refers to online text messages included within the e-Documents, to facilitate communication between respective parties, which Users may input, access, retain & share with or receive from authorized parties via KONSIGN. “Comments Functionality” refers to the use of the Comments for the facilitation of such communication. Such “Comments Functionality” shall form part of KONSIGN’s “Services”.
It is entirely the Customer’s responsibility for registering and maintaining a KONSIGN Account with Comments Functionality in order to facilitate communication;
Between KONSIGN and Customer, Customer is solely responsible for compliance with all local laws applicable to the content, communications, and use of KONSIGN Comments and Comments Functionality, including assigned Signers & other Authorized Users;
Customer acknowledges & warrants it will use and permit further use of KONSIGN Comments solely for lawful purposes and in accordance with the Terms;
Comments are stored within e-Documents, therefore, KONSIGN is unable to view such content or provide copies of the same to any other Customer or any third parties;
All other Terms as stated here shall also apply to KONSIGN Comments as part of KONSIGN’s Services.
In case of the following:
Breach of conditions as mentioned in our Terms by you;
Non-receipt of payment;
Where KONSIGN is unable to authenticate any information provided to it by you;
Where KONSIGN has a reasonable ground to believe that any illegal or fraudulent activity has been carried on by you;
The company reserves the right to remove any content, suspend or terminate your access to our Platform indefinitely. However, KONSIGN may take reasonable steps to notify the User to any such suspension unless:
It is prohibited from doing so under applicable laws or due to any legal process; or
It is necessary to delay such notice so as to prevent any harm to KONSIGN, its licensors, affiliates or any third party.
In case the official notice is delayed, KONSIGN will provide the notice if and when the restrictions mentioned above no longer apply.
In no event shall konsign, its employees, directors, partners and/or licensors be liable to you and/or any third party for any incidental, special, indirect, punitive and/or consequential damages whatsoever, including those resulting due to loss of data and/or profits, whether foreseeable or not, whether in contract, warranty, strict liability, and/or any other legal or equitable theory, even if konsign has been acquainted or advised of the possibility of such damages in advance. the foregoing shall apply despite any negligence, misconduct, errors and/or omissions by konsign its employees, representatives and/or agents. because some states do not allow the exclusion and/or limitation of liability for consequential and/or incidental damages, in such states, konsign’s liability is limited to the maximum extent permitted by law.
Your use of the konsign service and its content is at your own risk. the service and its content each are provided on an “as is” basis. to the extent as permitted by any applicable law, we and our licensors expressly disclaim all warranties of any kind, both expressed or implied. we do not warrant the correctness, legality, comprehensiveness, or accuracy of the service or content or warrant that the service will remain uninterrupted or error-free. you obtain or access any material through our services at your own discretion and risk. you will be solely responsible for any harm or damage to your computer or for any loss of data once downloaded to your system. however, we shall be responsible to protect your data on the our platform. no information or advice, oral or written, obtained by you from our platform or services will create any explicit warranty unless already expressly stated in these terms.
We may update, modify, amend or revise the Terms and other rules, regulations, policies and/or procedures from time to time, with or without notice. It is the responsibility of the User to read and review the Terms frequently to keep themselves informed about the changes. Post such changes the then-Terms shall supersede all the previous versions. The user shall agree to be bound by the revised terms and KONSIGN shall not be liable to the user or any third party for any modification of the Terms.
Users may access our email-based online support to resolve their queries or obtain clarifications with respect to our Terms of Service. You may write to us at firstname.lastname@example.org. KONSIGN shall put its best efforts to resolve any impending issues by responding to your requests at the earliest.
The user agrees to receive any form of communications, agreements and notices that we provide in relating to KONSIGN in an electronic format, such as through e-mail or posting it on the website. The User agrees that any form of such communication satisfies any legal requirement and that the User keeps the contact information updated at all times.
Terms and Conditions for the Use of www.SearchMyANZSCO.com.au and Other Related Services
SearchMyANZSCO is a completely private service wholly owned by Konze Enterprise Pty Ltd and does not hold any affiliations or associations with any governmental or related institutions whatsoever, nor does it represent any governmental or related institutions whatsoever.
SearchMyANZSCO provides a personalized subscription service that allows our users to access (“SearchMyANZSCO content”) uploaded on SearchMyANZSCO website.
Copyright © 2019-2022 SearchMyANZSCO. All rights reserved. SearchMyANZSCO, Melbourne, VIC 3000, Australia.
Updated by the SearchMyANZSCO Legal Team on April 1, 2020