These terms and conditions apply to your use of the Konnective website located at www.konnective.com.au and the Konnective mobile phone application (“Konnective platform”). By using the Konnective Platform you accept these terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Konnective platform.
We may revise these terms and conditions from time to time by updating them on the Konnective website. The revised terms and conditions will take effect when they are posted. If the terms and conditions as so revised are unacceptable to you, you must stop using the Konnective website and mobile phone application.
License to use website
Unless otherwise stated, Konnective and/or its licensors own the intellectual property rights in the Konnective Platform and material on the Konnective Platform. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Konnective Platform for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
You must not use the Konnective Platform in any way that causes, or may cause, damage to the Konnective Platform or impairment of the availability or accessibility of the Konnective Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Konnective Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Konnective Platform without Konnective’s express written consent.
You must not use the Konnective Platform to transmit or send unsolicited commercial communications.
You must not use the Konnective Platform for any purposes related to marketing without Konnective’s express written consent.
Access to certain areas of the Konnective Platform is restricted. Konnective reserves the right to restrict access to other areas of the Konnective Platform, or indeed the entire Konnective Platform, at Konnective’s discretion.
If Konnective provides you with a user ID and password to enable you to access restricted areas of the Konnective Platform or other content or services, you must ensure that the user ID and password are kept confidential.
Konnective may disable your user ID and password in Konnective’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Konnective Platform, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Konnective or a third party (in each case under any applicable law).
You must not submit any user content to the Konnective Platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Konnective reserves the right to edit or remove any material submitted to the Konnective Platform, or stored on Konnective’s servers, or hosted or published upon this website.
Notwithstanding Konnective’s rights under these terms and conditions in relation to user content, Konnective does not undertake to monitor the submission of such content to, or the publication of such content on, the Konnective Platform.
The Konnective Platform is provided “as is” without any representations or warranties, express or implied. Konnective makes no representations or warranties in relation to the Konnective Platform or the information and materials provided on the Konnective Platform.
Without prejudice to the generality of the foregoing paragraph, Konnective does not warrant that:
Nothing on the Konnective Platform constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Konnective will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Konnective Platform:
These limitations of liability apply even if Konnective has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Konnective’s liability in respect of any:
By using the Konnective Platform, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Konnective Platform.
You accept that, as a limited liability entity, Konnective has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Konnective’s officers or employees in respect of any losses you suffer in connection with the Konnective Platform.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Konnective’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Konnective.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Konnective and undertake to keep Konnective indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Konnective to a third party in settlement of a claim or dispute on the advice of Konnective’s legal advisers) incurred or suffered by Konnective arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Konnective’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Konnective may take such action as Konnective deems appropriate to deal with the breach, including suspending your access to the Konnective Platform, prohibiting you from accessing the Konnective Platform, blocking computers using your IP address from accessing the Konnective Platform, contacting your internet service provider to request that they block your access to the Konnective Platform and/or bringing court proceedings against you.
Konnective may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Konnective Platform from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Konnective may transfer, sub-contract or otherwise deal with Konnective’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Konnective in relation to your use of the Konnective Platform, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Victorian Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Victoria, Australia.
About these website terms and conditions
We created these website terms and conditions with the help of a Contractology form available at www.freenetlaw.com. Customers can purchase a wide range of commercial contracts from Contractology.com.
For any questions relating to our Terms of Service please email us at: support [at] konnective.com.au