KONEKTA SYSTEMS PTY LTD ACN 648 434 548 Terms & Conditions

Please carefully read these terms and conditions (Terms) for your subscription to and use of the Konekta Services.

These Terms govern your agreement with Konekta Systems Pty Ltd ACN 648 434 548 (Konekta, us and we, as applicable).

By downloading, installing, displaying or using the Konekta Services you accept these Terms and you agree to abide by them as a legally binding agreement between you and Konekta which takes effect on the date on which you download, install, display or use the Konekta Services. If you do not agree with these Terms, you must cease downloading, installing, displaying or using the Konekta Services immediately.

1. TERMS

  1. 1.1  For the purposes of these Terms:

and includes but is not limited to Actionstep integration and associated services relating to Infotrack and GlobalX;

    on thirty (30) days written notice by either party;

    1. 1.2  The Konekta Services are owned and operated by Konekta. Konekta reserves the right to amend, modify, add, delete and make corrections to these Terms at any time. All changes to these Terms are effective from the date they are notified to you and your continued use of the Konekta Services will constitute your acceptance of the variation of the Terms. If you do not agree to the amended or varied Terms you may cancel your Subscription.

    2. USER LICENCE

    1. 2.1  Konekta grants the Subscriber a personal, non-exclusive, non-transferable, limited and revocable license (User License) to use the Konekta Services during

    your Subscription in accordance with these Terms.

    1. 2.2  Any use of the Konekta Services other than in accordance with these Terms is prohibited.
    2. 2.3  This Agreement and User Licence also governs any updates to, additional products or services, or supplements or replacements for, the Konekta Services unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

    3. USE OF THE KONEKTA SERVICES

    1. 3.1  The Subscriber may use the Konekta Services for the Subscriber’s personal use only.
    2. 3.2  The Subscriber acknowledges that the Subscriber has no rights in, or to, the Konekta Services or any technology used or supported by the Konekta Services, other than the right to use the Konekta Services in accordance with these Terms.
    3. 3.3  To access the Konekta Services, the Subscriber must have a device with access to a telecommunications provider. Rates and fees may apply to the Subscriber for accessing and downloading information within the Konekta Services.
    4. 3.4  The Subscriber must:
    1. 3.4.4  not work around any technical limitations in the Konekta Services or attempt to run the Konekta Services on any unsupported platform;
    2. 3.4.5  not use the Konekta Services in any way that could damage, disable, overburden, impair or compromise the Konekta Services or the resources of Konekta; and
    3. 3.4.6  comply with all applicable laws and regulations relating to use of the Konekta Services.

    4. SUBSCRIPTION

    1. 4.1  Konekta will provide Konekta Services to approved Subscribers:
      4.1.1 in accordance with the Subscriber’s Subscription Level;
      4.1.2 subject to these Terms;
      4.1.3 subject to the policies and guidelines of Konekta as published from time to time; and 4.1.4 on such terms and conditions as advised by Konekta to the Subscriber from time to time.
    2. 4.2  Each Subscription Level includes a number of features and inclusions as set out in the Konekta Services.
    3. 4.3  The Konekta Services available to each Subscriber will depend on the chosen Subscription Level:
    4. 4.4  The Subscriber will pay the current Subscription Fee for the Konekta Services for the agreed Subscription Level (or on an individual basis for specifically ordered Konekta Services) and for the Subscription Term.
    5. 4.5  The Subscriber must comply with all of Konekta’s policies, procedures and guidelines for the use of the Konekta Services from time to time.

    4.5.1 Konekta is not liable to the Subscriber in the event that the Subscriber fails to comply with Konekta’s policies, procedures and guidelines for use of the Konekta Services.

    4.5.2 Konekta reserves the right to reject, remove, delete and/or cancel any Subscription and/or any User Content that does not comply with these Terms or the policies and guidelines of Konekta as advised from time to time.

    1. 4.6  In order for Konekta to deliver maxim quality services, it is necessary for a Subscriber to answer Konekta’s questions and requests in a timely and accurate manner.
    2. 4.7  The Subscriber must provide all information necessary for Konekta to provide the Konekta Services in a timely manner. The Subscriber acknowledges that the failure to promptly provide the information necessary to provide the Konekta Services may restrict Konekta’s ability to provide the Konekta Services to the Subscriber.
    3. 4.8  The Subscription Fee must be paid as specified in by Konekta to the Subscriber. The Subscription Fee is, subject to these Terms, non-cancellable and non- refundable.
    4. 4.9  Should a Subscriber fail to make payment of the Subscription Fee, Konekta may, without liability suspend and/or disable the Subscriber’s access to all or part of the Konekta Services and terminate the Subscription and these Terms.
    1. 4.10  Konekta will be under no obligation to provide the Konekta Services or access to, or return of, the User Content, while the Subscription Fee, or any part of the Subscription Fee, remains unpaid.
    2. 4.11  Konekta is under no obligation to reinstate access to or provide any further Konekta Services where there has been a failure to pay the Subscription Fee.
    3. 4.12  Subject to clause 4.9 a Subscriber’s Subscription will continue:
    4. 4.13  The Subscription Term is monthly and either party may give thirty (30) days written notice of termination. The Subscription Term will automatically roll over month to month until terminated in accordance with these Terms.
    5. 4.14  The Subscriber may not use the intellectual property of Konekta in any way without the prior written approval of Konekta.
    6. 4.15  On termination of the Subscription:

    5. SUBSCRIBER INFORMATION

    5.1 The Subscriber acknowledges and agrees that the Subscriber:

    1. 5.1.1  is over the age of eighteen (18) years;
    2. 5.1.2  has the legal capacity and authority to enter into these Terms; and
    3. 5.1.3  is responsible for ensuring the security of the Subscriber’s computer and of the User Content.
    4. 5.1.4  must notify Konekta immediately if the Subscriber becomes aware of any unauthorised use of the Konekta Services;
    5. 5.1.5  use of the Konekta Services is the Subscriber’s responsibility and is entirely at the Subscriber’s own risk and the Subscriber accepts full responsibility for all and any information that the Subscriber transmits via the Subscriber’s access to the Konekta Services;
    6. 5.1.6  is responsible for maintaining (and updating) the accuracy of the Subscriber’s information;
    7. 5.1.7  must not use the Konekta Services in a way that breaches any of these Terms or any laws, regulations, standards or codes as enacted or modified from time to time.

    6. CONTENT

    6.1 The Subscriber acknowledges and agrees that:

    1. 6.1.1  Konekta at all times retains all right and title to Konekta’s content comprising the Konekta Services (Konekta Content);
    2. 6.1.2  The Subscriber is not authorised to sell, resell or otherwise exploit or remove of the Konekta Content in any way;
    3. 6.1.3  The Subscriber must not use, modify, adapt, reproduce, copy or vary or create derivative works of any kind whatsoever, any of the Konekta Content or any part of it for commercial purposes; and
    4. 6.1.4  Konekta retains complete editorial control over the Konekta Services and may change, modify, alter, amend, delete any of the Konekta Content or cease the operation of the Konekta Services at any time in its sole discretion.

    7. THE SUBSCRIBER AND USER CONTENT

    1. 7.1  Konekta is not responsible in any respect for the Subscriber’s User Content.
    2. 7.2  Konekta does not store or host any User Content. The Konekta Services are conduit of data only.
    3. 7.3  Where the Subscriber uses the Konekta Services or uploads or transmits User Content via the Konekta Services, the Subscriber:

    own or that the Subscriber does not have permission to use.

    1. 7.4  The Subscriber agrees that in using the Konekta Services:
    2. 7.5  The Subscriber acknowledges and agrees that Konekta may in its sole discretion and without reference to the Subscriber (but is not obligated to) review the Konekta Services and may delete or remove the User Content in its sole discretion, for any reason or no reason. This includes User Content that in the sole judgment of Konekta violates these Terms, in whole or in part and in any way, or which may, in whole or in part and in any way, be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
    3. 7.6  The Subscriber is solely responsible at the Subscriber’s sole cost and expense for creating backup copies and replacing any User Content the Subscriber uploads, posts or stores via the Konekta Services.
    4. 7.7  When the Subscriber uploads, posts or stores User Content via the Konekta Services:

    8. THIRD PARTIES

    1. 8.1  The Subscriber acknowledges and agrees that the Konekta Services:
    2. 8.2  The Subscriber acknowledges that terms and conditions, terms of use and privacy policies of those third-party applications may apply to the Subscriber’s use of these applications within the Konekta Services and the Subscriber agrees to:
    3. 8.3  Konekta is not responsible for the content, operation and/or reliability of any such applications and makes no representation as to the accuracy of any material contained in such applications.
    4. 8.4  Konekta, to the maximum extent possible, excludes liability for any loss suffered as a result of the use of any and all third-party applications by the Subscriber.
    5. 8.5  Konekta will not be responsible for any loss, destruction, alteration or disclosure of any User Content or Subscriber data caused by any third party or any third party application.
    1. 8.6  If Konekta incurs a charge from a third party as a result of the Subscriber’s act or omission, Konekta reserves the right to on-charge the Subscriber for such charge.
    2. 8.7  Konekta receives revenue from third party service providers from a Subscriber’s use of the third party applications used or facilitated through the Konekta Services. Any such arrangement is separate to these Terms, is a personal arrangement between Konekta and the third party provider and does effect the provision of the Konekta Services to the Subscriber.
    3. 8.8  Konekta is not responsible in any respect for any delays, delivery failures, or any other loss or damage resulting from:

    and the Subscriber acknowledges that the Konekta Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities, systems and third party providers.

    9. INTELLECTUAL PROPERTY RIGHTS

    1. 9.1  Nothing in these Terms constitutes a transfer of any intellectual property rights of Konekta to the Subscriber.
    2. 9.2  The Subscriber acknowledges and agrees that Konekta owns or has a licence to use all intellectual property rights pertaining to the Konekta Services. This extends to the look and feel of the Konekta Services.
    3. 9.3  Except as permitted by the Copyright Act 1968 (Cth), no part of the Site or the Konekta application may be modified or reproduced by any process.

    10. SERVICE LEVELS AND ADDITIONAL SERVICES

    1. 10.1  Konekta will, subject to the Subscription Level, provide support services to the Subscriber for the Konekta Services. Details of Konekta’s support services can be found at https://support.konekta.com.au/.
    2. 10.2  Where a Subscriber requires Konekta to perform additional services (Additional Services), any Additional Services will be provided by Konekta:

    11. WARRANTIES & LIABILITY

    1. 11.1  All content and services on or available through the Konekta Services is provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the Konekta Services.
    2. 11.2  To the maximum extent permitted by law, Konekta excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:

    11.2.1 any material and/or information in the Konekta Services;
    11.2.2 the performance and availability of the Konekta Services; and
    11.2.3 the performance and availability of any third party application not in the control of Konekta;
    11.2.4 the loss, damage, corruption or degradation of any data or other material as a result of the use of the Konekta Services.

    1. 11.3  Tothe maximum extent permitted by law, Konekta excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:

    unless such was directly caused by the willful negligence of Konekta.

    11.4 The Subscriber agrees to indemnify Konekta against all actions, claims, suits, liabilities, costs, expenses or demands arising out of or connected with: 11.4.1 the Subscriber’s information being incorrect;

    1. 11.4.2  any breach of these Terms by the Subscriber;
    2. 11.4.3  the User Content;
    3. 11.4.4  use of the Konekta Services by persons other than the Subscriber;
    4. 11.4.5  receipt, payment and/or non-payment of monies; or
    5. 11.4.6  the Subscriber’s use of the Konekta Services which is negligent or infringes the rights of any third party.

    11.5 Tothe

    1. 11.5.1  all liability in respect of loss of data, interruption of business or any consequential or incidental damages; and
    2. 11.5.2  all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

    full extent permitted by law Konekta excludes:

    11.6 These
    or obligations. If such legislation applies, to the extent possible, Konekta limits its liability in respect of any claim to, at its option:

    Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions

    1. 11.6.1  in the case of goods:
    2. 11.6.2  in the case of services:

    11.7 Mandatory requirement for the provision of goods and services:

    Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

    1. 11.7.1  to cancel your service contract with us; and
    2. 11.7.2  to a refund for the unused portion, or to compensation for its reduced value.

    You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

    12. DISCLAIMER & RELEASE

    1. 12.1  The Subscriber acknowledges that:

    information contained or accessed through the Konekta Services (Information);

      faults or errors in the Konekta Services or the Information;

      1. 12.2  The Subscriber hereby waives, releases, forgives, discharges and relinquishes any and all claims that the Subscriber may have against Konekta its related bodies corporate, directors, officers, employees, contractors, agents and representatives, in connection with, or arising out of, or incidental to, access to or use of the Konekta Services including but not limited to uploading and downloading any information, materials and/or User Content in or from the Konekta Services.
      1. 12.3  The Subscriber releases and indemnifies Konekta its related bodies corporate, directors, officers, employees, contractors, agents and representatives (those indemnified) from and against:
             unless such was directly caused by the willful negligence of Konekta.
      1. 12.4  These Terms do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
            13. RISK
      1. 13.1  The Subscriber’s access the Konekta Services and sharing of any information on or from the Konekta Services is at the Subscriber’s own risk.
      2. 13.2  Konekta accepts no responsibility for any interference, loss, damage or disruption to the Subscriber’s device or otherwise which arises in connection with use of the Konekta Services. The Subscriber must take its own precautions to ensure that the process which the Subscriber employs to obtain access to the Konekta Services does not expose the Subscriber to the risk of viruses, malicious computer code or other forms of interference which may damage the Subscriber’s device or otherwise cause the Subscriber or any person loss, damage or corruption.
          14. TERMINATION
      1. 14.1  These Terms terminate automatically:
      2. 14.2  Konekta may otherwise terminate these Terms immediately, on notice to the Subscriber, if the Subscriber has:
         15. GENERAL
      1. 15.1  The Subscriber must not assign, sublicense or otherwise deal in any other way with any of the Subscriber’s rights under these Terms.
        1. 15.2  If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
        2. 15.3  Konekta is not liable for any delays in performing any obligation under these Terms caused by circumstances beyond its reasonable control, including but not limited to catastrophes, fire, internal or external strike, wars, terrorists acts, internal or external breakdowns or failure, and, in general, any failure of a Subscriber to act in a timely or appropriate way.
        3. 15.4  Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
        4. 15.5  These Terms are governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.
        5. 15.6  Any additional terms and conditions that appear on the Site will govern the Subscriber’s use of, and access to, certain sections of the Site where they appear (Additional Terms). Since these Additional Terms form part of the Terms the Subscriber is bound by them and should review them wherever they are relevant to the Subscriber when using the Site. If a Subscriber does not wish to be bound by any Additional Terms, the Subscriber may terminate its Subscription by written notice to Konekta