Terms & Conditions

KONZE
KONDESK
KONPARE
KONCHECK
KONSIGN
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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.

X. 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.

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.

I. Account/User Terms

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.

II. Your Rights

The Terms of Service apply throughout Your free trial/demo period and during Your subscription to the Service based on the plan you choose.

Service Use:

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

III. 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

IV. Billing, plan modifications and payments

Subscription Charges:

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.

Payment methods:

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.

Renewal:

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 specified
You 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 Charges
We 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 info@kondesk.com.

Refunds:

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.

Applicable Taxes:

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

User Benefits:

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.

V. Suspension & Account Termination

Suspension and Termination

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.

Payment of Subscription Charges:

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.

Suspension and Termination by Us:

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.

Termination by You:

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 info@kondesk.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.

Effect of Terminating Your Account:

Data Export:

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.

Data Migration:

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.

Exit Charges:

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.

Charges:

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.

VI. Modification or Change of Purchased Service

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.

VII. Copyright and Ownership

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.

VIII. Access to the Services

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.

IX. Other Integrated Services

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.

X. Privacy

Our Privacy and Cookies Policy is incorporated into these Terms & Conditions

XI. Disclaimer and Limitation of Liability

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.

You agree that the damage exclusions in these terms of use shall apply even if any remedy fails of its essential purpose.

XII. Indemnity

XIII. Australian Consumer Law

Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australia law.

XIV. Governing law

These Terms & Conditions are governed by the laws of Victoria, Australia.

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.

These Terms and Conditions (“Terms of Use”) govern your use of our service. As used in these Terms of Use, “Konpare service”, “our service” or “the service” means the personalized service provided by Konpare for discovering and using Konpare content, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service. These Terms of Use shall be a legally binding electronic contract between you, including the company you represent and/or the company registered by you (collectively “You”), and Konpare.online, which includes its owner and assignees (“Our”, “We”, “Us”, or “Konpare”).

1. Acceptance of Terms of Use

a. These Terms of Use apply to the Konpare web site located at www.Konpare.online and all associated sites linked to www.Konpare.online by Konpare, its subsidiaries and affiliates, including Konpare sites around the world (collectively, the “Site”). The Site is the property of Konpare and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

b. Konpare reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Konpare grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

2. Privacy

a. Konpare’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Konpare’s Privacy Policy, click here .

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

3. Eligibility and License

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:

use this Website or its contents for any commercial purpose;
make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
“frame”, “mirror” or otherwise incorporate any part of this Website into any other Website without our prior written authorization.

4. Content & Intellectual Property Rights

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:

any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

d. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Konpare’s express prior written consent.

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.

5. Account Management, Registration and Payments

a. Registration

To register with us to use our website, to subscribe to any of our plans or to enter into a client referral arrangement with us, you must provide all required details such as your personal details, company name, email address, legal names and any other information required for the purpose.

b. Referral Arrangement

Apart from the terms and conditions in this document governing the use of Konpare’s website, the referral arrangement between Konpare and referral affiliates shall be governed by a Referral Agreement signed specifically for this purpose. Such referral arrangement shall be determined by the referral affiliate’s ability to provide Konpare with 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 by the Konpare on the online quote tool.
Payment related terms and such other terms governing the referral arrangement between Konpare and the referral affiliate shall be governed by the Referral Agreement signed specifically for this purpose.

c. Cancellation & Termination

Konpare 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 service, for any reason, at any time. Such termination of the service will result in the deactivation or deletion of your account and prevention of access to your account, and the forfeiture and relinquishment of all content in your account.

6. Binding Contract, Warranty & Disclaimer, Terms for the Purchase of Insurance Products, Specific Conditions of Sale, General Refund Rules for OSHC purchases, Customer Due Diligence and Other Terms for Use of Our Services

a. Binding Contract

a.i. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction and will only use the Website to make legitimate purchases for you or for another person for whom you are legally authorized to act (and will inform such other persons about these Terms and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Konpare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Konpare has the right to suspend or terminate services and refuse any and all current or future use of the Website (or any portion thereof). Konpare reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Website and the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms or Privacy Policy. You agree to abide by the terms and conditions of purchase imposed by any service provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding use of products, and/or Services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your purchase(s), in your being denied access to the applicable service(s), in your forfeiting any monies paid for such Services, and/or in our debiting your account for any costs we incur as a result of such violation.

b. Warranty & Disclaimer

The Content, Products, and Services Published on this Website may include inaccuracies or errors, Including Pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services. We expressly reserve the right to correct any pricing errors on the Website and/or on pending reservations made under an incorrect price. Konpare makes no representation about the suitability of the information, Software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided “AS IS” without warranty of any kind. Konpare disclaims all warranties and conditions that this Website, its services or any email sent from Konpare, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components. Konpare hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The service providers providing services on this Website are independent affiliates and Konpare are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefore. Konpare and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall Konpare and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked Websites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Konpare and/or its affiliates, their respective service providers have been advised of the possibility of such damages.\
In addition to the other disclaimers and limitations discussed in this document, there are no guarantees and no warranties regarding online availability, impressions, and click-through of www.Konpare.online, its web pages, and any material, information, links, or content presented on the web pages at www.konpare.online, its web pages, and any material, information, links, or content presented on the web pages at www.konpare.online, may be unavailable for online access at anytime. Advertising sponsors and advertising, if any and if permitted, must be approved by Konpare before the posting of any advertising material, information, links, content, banners, and graphics on www.konpare.online. Konpare reserves the right to accept or to reject any advertising sponsor or any advertising for any reason,

c. Terms for the Purchase of Insurance Products

You hereby declare, on your behalf and on behalf of all persons proposed to be insured, that the statements, answers and/ or particulars given by you are true and complete in all respects to the best of your knowledge and that you are authorized to propose on behalf of these other persons.
You understand that the information provided by you will form the basis of the insurance policy, is subject to the Board approved underwriting policy of the insurer and that the policy will come into force only after full payment of the sum amount chargeable.
You understand that Konpare is not a registered health care service provider and we make no warranties on the health insurance provider fulfilling their obligations for the policy you may purchase through our website.
You understand that Konpare is not an insurance service provider and shall not be liable directly or indirectly for any claims, processing of claims, refunds, processing of refunds and you assume all risks and liabilities and offer immunity to Konpare group for outcomes arising from the use of goods or services provided by the third party insurance provider.
You understand that Konpare may receive commissions from third party insurance providers for providing the services offered by the website

d. Specific Conditions of Sale

The website contains information in a comparative manner regarding products, services, their presumed benefits and features of insurance policies of the OSHC and OVHC variety. We make no warranties on the information hosted on the website on the whole and any specific content and we make no representations or warranties on accuracy, integrity, feasibility of the information provided by the website. You are responsible for your choice of OSHC and OVHC insurance and you agree to not hold Konpare responsible for any liabilities or adverse consequences that may occur as a result of your purchase.

e. General Refund Rules for OSHC purchases

In addition to the other disclaimers and limitations discussed in this notice, you also agree and understand that Konpare is not responsible to initiate process or complete any claim or refund request. The below information is only provided to users as a general guide to understand their eligibility of obtaining a refund from the third party insurance providers
Students can apply in writing for a pro-rata refund of premium for the unexpired portion of your policy if:
- They paid their premium and did not come to Australia
- They paid their premium on the basis of an extended stay but the extension of authorised stay was not granted by DIAC
- They are obliged to cease studies and leave Australia before the end of a period of approved stay for reasons beyond their control
- They have been granted permanent residence in Australia
- They were not resident in Australia for a continuous period of 3 months or more but whilst holding a valid Student Visa
- hey can provide proof of OSHC provided by another organisation which includes the period covered by the organisation
- For the purpose of refunds:
  - Refunds are calculated on a monthly or daily pro-rata basis, with a minimum refund of one month A minimum cover period of 3 months is payable if cover is cancelled whilst in Australia There is no minimum cover period payable if cover is cancelled prior to arrival in Australia

f. Customer Due Diligence

f.i. You agree and acknowledge that for undertaking any financial transaction through the Website, Konpare may undertake client/customer due diligence measurers and seek mandatory information required for verification and identification of the user. Konpare may obtain sufficient information to establish, to its satisfaction or the insurance company, the identity of each new customer, and the purpose of the intended nature of insurance relationship between you and the insurance company(ies). You agree and understand that you shall ensure that any payment towards insurance policy is remitted only through your bank account or from a joint bank account in which you are a joint holder. You also agree and understand that by purchasing and paying for a policy via this Website, you warrant you are the authorised holder of the credit card used for payment and/or have express consent of the authorised credit card holder to make the relevant purchase and payment. In the event, payment towards insurance purchase is remitted through a bank account opened in the name of a third party(i.e. not being in your name), you agree and acknowledge that Konpare can undertake enhanced due diligence measures(including any documentation), to satisfy itself relating to customer due diligence requirements.

g. Other Terms for Use of Our Services

To use the Konpare services you must have Internet access and a Konpare ready device.
Konpare reserves the right to accept or refuse your request for subscription or membership to our services. We have the sole discretion on whether to allow you to register, renew, change subscription or membership plans and/or use our services.
Data Migration: 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.
Your access to the service may be restricted or unavailable
- during scheduled downtime for upgrades and maintenance to the service (we will undertake reasonable efforts to inform you in advance); and/or
- 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 reasonable efforts to schedule downtimes for weekends (Pacific Time zone) and other off- peak hours.

7. Communications

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.

8. Your Rights

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.

9. Your Use of the Site

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.

g. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Konpare or others.

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.

s. In accessing or using the Widget you agree that you will not use the Widget in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use.

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.

10. Other Terms and Conditions

a. Additional terms and conditions may apply to purchases of services and to specific portions or features of the Site, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

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.

f. Konpare 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 of Use.

g. In addition to suspension for late payment or non-payment of Subscription Charges, Konpare may suspend your access to and use of your account and the service if you are in violation of these Terms of use; these may include misuse of the service or a breach of the Terms of Use specified in this document. You will be notified of Your activities that violate these Terms of Use and, at our sole discretion, we will provide you with a period of seven (7) days to rectify or cease such activities. If you fail to rectify such activities within the said period or if we believe that your breach of these Terms of Use cannot be rectified, your account may be terminated.

11. Accounts, Passwords and Security

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.

12. Links to Other Sites and to the Konpare Site

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.

13. Disclaimers

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.

14. Limitation of Liability

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.

b. If, notwithstanding the other provisions of these Terms of Use, Konpare is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Konpare liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Konpare, or (2) AU$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

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

the service fees paid to Konpare or the commission received by Konpare in connection with such transaction(s) on this Website, or
______ Australian Dollars.

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.

g. You agree that the damage exclusions in these terms of use shall apply even if any remedy fails of its essential purpose.

15. Indemnity

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.

16. Violation of These Terms of Use

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.

b. You acknowledge and agree that Konpare may preserve any transmittal or communication by you with Konpare through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Konpare determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Konpare, its employees, users of or visitors to the Site, and the public.

c. You agree that Konpare may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Konpare, for which monetary damages would be inadequate, and you consent to Konpare obtaining any injunctive or equitable relief that Konpare deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Konpare may have at law or in equity.

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.

e. If Konpare does take any legal action against you as a result of your violation of these Terms of Use, Konpare will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Konpare. You agree that Konpare will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

17. Governing Law; Dispute Resolution

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.

b. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Konpare and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

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.

e. These Terms of Use are governed by the laws of Victoria, Australia.

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.

18. Void Where Prohibited

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.

19. Miscellaneous

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.

b. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Konpare with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Konpare with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Konpare, Konpare will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Konpare’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Konpare of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Konpare and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

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.

20. Feedback and Information

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.

KONCHECK is a registered business of KONZE ENTERPRISE PTY LTD. This website is owned and operated by Konze Enterprise Pty Ltd, hereafter may be referred to as “We”, “Us” or “Our”. With the usage of the site, the user accepts they have read, understood, acknowledge and agree to the terms and conditions of the parent company and listed herein. The Terms & Conditions are in accordance with our Privacy Policy (which can be found here ) and are subject to any changes or revisions.

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.

police check certificates

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.

Request to remove previous known names

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 support@koncheck.com for further assistance on this.

Disputes

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.

Refunds

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:

you have changed your mind about an item;
you have purchased a service by mistake;
you can no longer access the item because the document has been removed from our website (we advise you to download items as soon as the documents are available to avoid this situation).

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:

An applicant’s change of mind (they do not wish to conduct a police check or wish to select another agency to apply, or any other reason leading to a change of mind)
Incorrect selection of the Type of Check or the Category of the check (Employment or Volunteer)
Unintentional or intentional incorrect entries for the purpose of the check (Position Title, Occupation, or Entitlement, Proposed Place of Work and Location of Work)
Providing false or misleading documents or the absence of any required documents
Providing false, misleading, or incomplete information in the application form
Data entry errors made by the applicant
Duplicate application submissions (this means applications submitted with the exact same details within 7 days of the first submission)
Submission for checks KONCHECK is not authorised to process
Applications previously submitted through another agency or governmental organisation
If the applicant has failed to provide any additional information on request by KONCHECK. This information may include any forms, documentation, or proof of the purpose of the police check application.
Under the event the application falls under special provisions, and the applicant is not willing to provide further additional information/documentation requested by KONCHECK, which includes retrieving any kind of information from other sources
Unemployment due to certificate not being provided in the required timeframe.

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 support@koncheck.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.

Verification Functionality

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.

Website Content and Access

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.

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 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.

Continuity of Services

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.

Linked Sites

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:

1. Definitions

1.1. Terms

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.

1.2. Services

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.

1.3. Updates

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.

1.4. Platform

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.

1.5. User

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.

1.6. Company

It includes any other company or companies, including subsidiary companies & affiliates (“we”, “us”, “our”) of KONSIGN.

1.7. Content

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.

1.8. Agreement

For the purposes of these Terms of Service, Agreement refers to every agreement & document referenced herein (including the Privacy Policy), between the User & KONSIGN with respect to your access & use of our Services. It supersedes all previous understandings, whether written or oral and prevails over any conflicting terms contained in any documents, communications or discussions.

2. Acceptance of Terms

By accessing our website. i.e., https://konsign.com, all Users agree to be bound by the terms of service contained herein, all operating laws and regulations, policies (including without limitation, KONSIGN’s Privacy Policy) and you take full responsibility for compliance with applicable local laws. In case you disagree with any or all of these terms, you will be prohibited from using or accessing this site. Everything contained on this website is protected by applicable copyright and trademark law.

3. Usage

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.

4. Limitations

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.

5. Electronic Signature Legal Complian3y

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.

6. Scope Of Use

6.1. Accounts

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.

6.2. Payment

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”.

With regards to the same, you understand, acknowledge & agree to the following:-

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.

7. Termination

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.

8. Privacy

Our Privacy Policy and Cookies Policy are incorporated into these Terms & Conditions. Please read our policies carefully to know your privacy rights & to understand how KONSIGN collects, uses, protects, shares & retains the information obtained from you to execute the Services securely.

9. Limited Liability

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.

10. Disclaimer

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.

11. Updates & Communications

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 info@konze.com.au. 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.

These Terms and Conditions (“Terms of Use”) govern your use of our service. As used in these Terms of Use, “SearchMyANZSCO service”, “our service” or “the service” means the personalized service provided by SearchMyANZSCO for discovering and using SearchMyANZSCO content, including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service. These Terms of Use shall be a legally binding electronic contract between you, including the company you represent and/or the company registered by you(collectively “You”), and SearchMyANZSCO.com.au, which includes its owner and assignees (“Our”, “We”, “Us”, or “SearchMyANZSCO”).

01Acceptance of Terms of Use

These Terms of Use apply to the SearchMyANZSCO web site located at www.SearchMyANZSCO.com.au and all associated sites linked to www.SearchMyANZSCO.com.au by SearchMyANZSCO, its subsidiaries and affiliates, including SearchMyANZSCO sites around the world (collectively, the “Site”). The Site is the property of SearchMyANZSCO and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
SearchMyANZSCO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SearchMyANZSCO grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

02Privacy

SearchMyANZSCO’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view SearchMyANZSCO’s Privacy Policy, click here.
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.

03Content& Intellectual Property Rights

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 SearchMyANZSCO 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.
Such Content, contained on the Site is owned, controlled or licensed by or to SearchMyANZSCO, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SearchMyANZSCO’s express prior written consent.
SearchMyANZSCO may grant you a limited, non-exclusive, non-transferable license to access Company Content available on SearchMyANZSCO 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.
You may use information on SearchMyANZSCO’s services (such as data sheets, knowledge base articles, and similar materials) purposely made available by SearchMyANZSCO 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.
Although SearchMyANZSCO 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.SearchMyANZSCO.com.au 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, SearchMyANZSCO denies all liability for direct or indirect loss as a result of your use of the SearchMyANZSCO.com.au website and its content.
SearchMyANZSCO does not guarantee uninterrupted access to www.SearchMyANZSCO.com.au 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.
Widget and Widget Content:SearchMyANZSCO 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 SearchMyANZSCO website. You agree and acknowledge that this Widget may display SearchMyANZSCO logos, search boxes that link to information located on our website, advertising for SearchMyANZSCO 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. SearchMyANZSCO retains all ownership and other rights in the Widget and the Widget Content, and in the SearchMyANZSCO logos and trademarks. You agree and acknowledge that SearchMyANZSCO 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.
Third Party Content: The SearchMyANZSCO Services may give you access to links to third party platforms, either directly or indirectly. SearchMyANZSCO does not endorse any of these Third-Party Platforms and does not control them in any manner. Accordingly, SearchMyANZSCO 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.

04Registration, Free-Trial, Subscription and Membership, Payments, Modifications of Subscription Plans, Cancellations& Termination, Refunds, and Other Terms for Use of Our Services

Registration :

To register with us and subscribe to our subscription or membership plans, you must provide all required details such as your personal details, company name, email address, legal names and any other information required for the purpose.

Free-Trial :

Your SearchMyANZSCO membership may start with a free trial. The duration of the free trial period of your subscription or membership will be specified during sign-up and is intended to allow new members and certain former members to try the service.
Free trial eligibility is determined by SearchMyANZSCO at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of businesses with an existing or recent SearchMyANZSCO membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent SearchMyANZSCO membership to determine eligibility. For combinations with other offers, restrictions may apply.
We will only ask for payment details once the paid subscription starts, and will not ask for or hold your payment details at the beginning of the free trial period.

Subscription and Membership :

After the end of your free trial, you may choose to subscribe to our paid Subscription and Membership Plans (here) by making payments through a mutually preferred Payment Method at the end of the free trial period or prior to the end of the free trial period or any time after the end of your free trial period.
To view the membership price and end date of your free trial period, visit agent.searchmyanzsco.com.au and log-in to your account then navigate to Account section. All prices shown on our website are in AUD (Australian Dollars).
Your SearchMyANZSCO subscription or membership will continue until terminated. For subscribing to a subscription or membership plan, you may select the subscription or membership plan desired to be subscribed by you and follow the subscription and payment instructions on the website.
We may offer a number of subscription plans, including special promotional plans or memberships. Some subscription or membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your SearchMyANZSCO subscription or membership by visiting agent.searchmyanzsco.com.au and clicking on the “Account” section.
We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. Subscription charges and the Service Plan prices are subject to change at our discretion. You will be notified of such changes via email. SearchMyANZSCO shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

Payments :

The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit agent.searchmyanzsco.com.au and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register.
To subscribe to SearchMyANZSCO services you must provide one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your subscription before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).
You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
When you choose to subscribe to our subscription or membership plans (here), you agree to and authorize a direct-debit or automated payment through your preferred payment method for every billing cycle. We will charge the membership fee for the next billing cycle to your Payment Method at the end of the earlier billing cycle unless you cancel your membership prior to the end of the free trial period. For setting up direct-debit or automated payment, you will be required to provide us with the necessary details at the time of subscribing to our plans.
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 specified.
You acknowledge and agree that, unless you terminate your subscription or membership according to the terms set out in the cancellation policy below, your preferred payment method will be charged automatically for the applicable Subscription Charges.
We 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 method details, by either updating Your Account or by e-mailing us at info@SearchMyANZSCO.com.au.
For Direct Debit or automated payment method, we’ll let you know when and how often we’ll direct debit your account at least 14 calendar days before the first debit. If the due date isn’t a business day, we’ll debit the amount on the next business day. We won’t change the amount or frequency of these arrangements without letting you know first. We might cancel the Direct Debit if your direct debit is rejected by your financial institution on three or more occasions, in which case you’ll need to make alternative payment arrangements. We’ll keep all your bank or credit card information private and confidential. You may terminate the Direct Debit at any time by letting us know you’d like to cancel it. You can suspend your Direct Debit, by letting us know at least 3 business days before the bill’s due date. If you think we’ve debited something incorrectly, please let us know straight away. Please make sure you have sufficient funds available in your nominated account to pay your SearchMyANZSCO’s invoice on its due date. You need to make sure your direct debit authorisation is identical to your Financial Institution or Credit Card Issuer’s signing instruction. Please let us know if you close or terminate your Direct Debit account so that an alternate payment method can be arranged.
SearchMyANZSCO will notify you if the direct debit or automated payment for your account fails and SearchMyANZSCO does not receive payment towards the Subscription Charges within the due date. If SearchMyANZSCO does not receive payment within the foregoing time period, in addition to our rights to resort to remedies available under law, we may
Unless otherwise indicated, the Subscription Charges may 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 liable for paying the Taxes that would be imposed on you by government authorities. You will receive an invoice from us for with the amount of such Taxes if we believe that we have a lawful obligation to do so. You agree to pay such Taxes if so invoiced.

Modification of Subscription Plans :

You may modify, change or customise your subscription or membership plan or may switch between two subscription or membership plans. However, you agree that downgrading a service plan may lead to loss of content, features or capacity of the service.
New subscription charges may be applicable based of the new/modified subscription or membership plan chosen by you. 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 subscription or membership plan.
If the new subscription or membership plan is downgraded 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.

Cancellation& Termination :

You can cancel your SearchMyANZSCO membership at any time, and you will continue to have access to the SearchMyANZSCO service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription or membership periods. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for SearchMyANZSCO using your account with a third party as a Payment Method and wish to cancel your SearchMyANZSCO subscription or membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the SearchMyANZSCO service through that third party. You may also find billing information about your SearchMyANZSCO membership by visiting your account with the applicable third party.
Only the individual account owner can terminate the account. The account owner 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 SearchMyANZSCO. You may also terminate your account by writing to info@SearchMyANZSCO.com.au.
Account cancellations may take about 2-3 business days to be processed. You won’t be charged again after your official cancelation date.
If you choose to terminate a lock-in contract before the end of its term, no refund will be provided. Similarly, any technical support required by you for data export after the cancellation or 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 that may be owed by you to SearchMyANZSCO, 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 if you terminate your subscription or your account due to a material breach of these Terms of Use by us, provided that you provide a notice in advance of such breach to us and allow us not less than thirty (30) days to reasonably rectify such a breach.
SearchMyANZSCO 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 service, for any reason, at any time. Such termination of the service will result in the deactivation or deletion of your account and prevention of access to your account, and the forfeiture and relinquishment of all content in your account.
Data Export: 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 in the trial period, we will retain your service data for a period of one (1) year after the official date of termination, unless otherwise specified.

Refunds :

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.

Other Terms for Use of Our Services :

To use the SearchMyANZSCO services you must have Internet access and a SearchMyANZSCO ready device.
SearchMyANZSCO reserves the right to accept or refuse your request for subscription or membership to our services. We have the sole discretion on whether to allow you to register, renew, change subscription or membership plans and/or use our services.
Data Migration: 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.
Your access to the service may be restricted or unavailable

05Communications

SearchMyANZSCO 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.

06Your Rights

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 SearchMyANZSCO. They may be subject to independent and separate Service Plans based on the Service you purchase.

07Your Use of the Site

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. SearchMyANZSCO reserves the right to bar any such activity.
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 SearchMyANZSCO server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
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 SearchMyANZSCO, including any SearchMyANZSCO 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.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SearchMyANZSCO’s systems or networks, or any systems or networks connected to the Site or to SearchMyANZSCO.
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.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SearchMyANZSCO 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.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SearchMyANZSCO or others.
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.
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 SearchMyANZSCO or its owner if SearchMyANZSCO is not the owner;
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 SearchMyANZSCO as an entity or any of its personnel or affect adversely or reflect negatively on SearchMyANZSCO’s Services, our goodwill, name or reputation or causes duress, distress or discomfort to SearchMyANZSCO 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
You may not impersonate any person or falsely state or otherwise represent your affiliation with a person or entity.
Subject to your compliance with this Agreement, SearchMyANZSCO hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the SearchMyANZSCO 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 SearchMyANZSCO 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.
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.
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.
In accessing or using the Widget you agree that you will not obtain or attempt to obtain unauthorized access to SearchMyANZSCO’s network(s).
In accessing or using the Widget you agree that you will not obscure or disable any element of the Widget.
In accessing or using the Widget you agree that you will not display the Widget on any site that disparages SearchMyANZSCO or its products or services, infringes any SearchMyANZSCO 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 SearchMyANZSCO in its sole discretion.
In accessing or using the Widget you agree that you will not use the Widget in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use.
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.
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
Without the express written consent of SearchMyANZSCO, the Widget may not be embedded by you or third parties within other widget or gadgets or software modules. You acknowledge and agree that SearchMyANZSCO may crawl or otherwise monitor your site for the purpose of confirming compliance with this Agreement.
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 SearchMyANZSCO services, and all fees and charges related thereto. SearchMyANZSCO 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 SearchMyANZSCO to install, maintain or support the Widget or to provide you with upgrades, updates or plug-ins to the Widget. SearchMyANZSCO may change, suspend, or discontinue any aspect of the Widget at any time without notice to you. SearchMyANZSCO 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.
SearchMyANZSCO 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 SearchMyANZSCO website.

08Other Terms and Conditions

Additional terms and conditions may apply to purchases of services and to specific portions or features of the Site, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service
SearchMyANZSCO 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.
SearchMyANZSCO’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.
SearchMyANZSCO 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 SearchMyANZSCO makes no commitment to update the materials on the Site with respect to such services.
SearchMyAnzcoshall 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 of Use.
In addition to suspension for late payment or non-payment of Subscription Charges, SearchMyANZSCO may suspend your access to and use of your account and the service if you are in violation of these Terms of use; these may include misuse of the service or a breach of the Terms of Use specified in this document. You will be notified of your activities that violate these Terms of Use and, at our sole discretion, we will provide you with a period of seven (7) days to rectify or cease such activities. If you fail to rectify such activities within the said period or if we believe that your breach of these Terms of Use cannot be rectified, your account may be terminated.

09Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a SearchMyANZSCO 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 SearchMyANZSCO 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 SearchMyANZSCO or any other user of or visitor to the Site due to someone else using your SearchMyANZSCO ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s SearchMyANZSCO ID, password or account at any time without the express permission and consent of the holder of that SearchMyANZSCO ID, password or account. SearchMyANZSCO cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

10Links to Other Sites and to the SearchMyANZSCO Site

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 SearchMyANZSCO’s control, and SearchMyANZSCO 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.

11Disclaimers

SEARCHMYANZSCO 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. SEARCHMYANZSCO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
SEARCHMYANZSCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SEARCHMYANZSCO 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 SEARCHMYANZSCO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SEARCHMYANZSCO 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.
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.
SearchMyANZSCO 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.

12Limitation of Liability

Except where prohibited by law, in no event will SearchMyANZSCO be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SearchMyANZSCO has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, SearchMyANZSCO is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SearchMyANZSCO liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against SearchMyANZSCO, or (2) AU$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Neither SearchMyANZSCO 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.
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.
You agree that the damage exclusions in these terms of use shall apply even if any remedy fails of its essential purpose.

13Indemnity

You agree to indemnify and hold SearchMyANZSCO, 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 SearchMyANZSCO by any third party due to or arising out of or in connection with your use of the Site.
SearchMyANZSCO 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.

14Violation of These Terms of Use

SearchMyANZSCO 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) SearchMyANZSCO’s rights or property, or the rights or property of visitors to or users of the Site, including SearchMyANZSCO’s customers. SearchMyANZSCO reserves the right at all times to disclose any information that SearchMyANZSCO deems necessary to comply with any applicable law, regulation, legal process or governmental request. SearchMyANZSCO also may disclose your information when SearchMyANZSCO determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that SearchMyANZSCO may preserve any transmittal or communication by you with SearchMyANZSCO through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or SearchMyANZSCO determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SearchMyANZSCO, its employees, users of or visitors to the Site, and the public.
You agree that SearchMyANZSCO may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SearchMyANZSCO, for which monetary damages would be inadequate, and you consent to SearchMyANZSCO obtaining any injunctive or equitable relief that SearchMyANZSCO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SearchMyANZSCO may have at law or in equity.
You agree that SearchMyANZSCO 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.
If SearchMyANZSCO does take any legal action against you as a result of your violation of these Terms of Use, SearchMyANZSCO will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SearchMyANZSCO. You agree that SearchMyANZSCO will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

15Governing Law; Dispute Resolution

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 law’s 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. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between SearchMyANZSCO and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australian laws.
These Terms of Use are governed by the laws of Victoria, Australia.

16Void Where Prohibited

SearchMyANZSCO administers and operates the www.SearchMyANZSCO.com Site from its location in Melbourne, Victoria, Australia; other SearchMyANZSCO sites may be administered and operated from various locations outside Australia.
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. SearchMyANZSCO 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.

17Miscellaneous

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.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and SearchMyANZSCO with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SearchMyANZSCO with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with SearchMyANZSCO, SearchMyANZSCO will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SearchMyANZSCO’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SearchMyANZSCO of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SearchMyANZSCO and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
SearchMyANZSCO provides access to SearchMyANZSCO international data and, therefore, may contain references or cross references to SearchMyANZSCO programs and services that are not announced in your country. Such reference does not imply that SearchMyANZSCO in your country intends to announce such programs or services.

18Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. SearchMyANZSCO shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.

Updated by the SearchMyANZSCO Legal Team on April 1, 2020

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