Virtual Office TOU
Terms of Service House Rules
Terms of Service
KONNECT APP END USER LICENSE AGREEMENT
In this Agreement “Application” refers to a computer software application developed by us entitle “KONNECT App”. Unless the contest requires otherwise, a reference to the “Application” includes all modifications, enhancements or updates thereto, and includes all associated printed, online or electronic documentation and instructions relating to it.
We hereby grant to you a personal, limited, non-exclusive, non-transferable, revocable licence to use a single copy of the Application on a single mobile device primarily used by you. This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling the Application and destroying all copies of the Application, any accompanying documentation and all other associated materials in your possession.
We reserve the right to terminate this Agreement at any time if you are in breach of any of the terms of this Agreement. We may, any time and without giving notice to you, make corrections, changes and/or improvements to the Application, create usage limits, stop providing the Application or features of the Application to you or to users generally.
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications which may change from time to time as we update our software.
We make every effort to ensure that our website and/or Application are free from viruses or defects. However, we cannot guarantee that your use of our website and Application through it won’t cause any damage to your computer and/or mobile device. We shall not be liable to any person for any damage or loss which may arise to computer equipment and/or mobile device as a result of using our website and/or Application.
We have no control over the information, data or image(s) provided by a user (including without limitation, a Third-Party Seller under clause 17) of the Application, including the address, any image(s) provided, message content or modified by you (“User Content”). To the extent permissible at law, we accept no responsibility or risk for the content provided, sent, received or printed in relation to the Application. You, by accessing or using the Application accept all responsibility, liability and risk for the content chosen, provided, upload, edited, added and modified.
We are under no obligation to monitor or review any comments, communications, forums, rating, posting, transmissions, discussions and other messages communicated by users of the Application and we assume no liability or responsibility arising from the contents of any such communications or for any error, inaccuracy, defamation, libel or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against us for defamation, libel or whatsoever arising out of any such communication.
We may remove or reject any user’s conversations or material that are illegal, offensive, indecent, obscene, or that violates the terms of this Agreement in any way or request the user to make suitable amendments in order to comply with the terms herein, and we reserve all the right to claim damages and/or apply for other legal remedies in relation thereto.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any damage or loss, which may arise as a result of unauthorised use of your account details.
While we provide the Application to anyone, we retain all right, interest and title (including intellectual property rights) on all text, logos, icons, graphic images, video clips, sound clips, page layout, underlying code (including object and sources codes), data compilations, software and any other materials in and to the Application. Any act of “mirroring” the Application or the materials contained therein on your device and/ or server without the prior written permission by us, or reusing or modifying the text or graphics on the Application is prohibited. We reserve all rights not expressly granted under this Agreement.
You may use the Application for personal purposes only which includes recreational use and social use.
10.Limitation of Liability
To the maximum extent permitted by law, we accept no liability for any direct or indirect damage or loss, foreseeable or otherwise, including any indirect, consequential, exemplary or special damages arising from the use of the Application or any information contained therein. Users should be aware that they use the Application and its Content at their own risk.
If you are using any of the Application’s location-based services or functionality
(“Location Services”) then, in addition to the remainder to this Agreement, then the
following will apply in respect of the use of the Location Services.
The Location Services are offered by collecting, transmitting, storing or processing your location date and/or your device. By using such Location Services, you are deemed to consent to us using the location data for the purpose of providing the
You agree that such Location Services may be inaccurate, incomplete, erroneous or time-delayed and shall not be used for emergency or lifesaving purposes. We do not warrant, and you agree that the Location Services may contain inaccuracies, be incomplete and/or suffer from time-delays. In particular, we do not represent or warrant that: your use of the Location Services will meet your requirements; or any information obtained by you as a result of your use of Location Services will be accurate or reliable. Without limiting the foregoing, you acknowledge that some Location Services may not be available to use at all times and in certain circumstances.
You agree that noting in these terms and conditions shall be construed by you are an endorsement of you, or your corporate by us and you agree not to directly or indirectly infer in or from your work or use of the Application any such endorsement or support by us.
13.Support Services & Internet-Based Services
We may, but not obligated to, perform such services in the nature of support as we deem appropriate at our discretion. Also, we do not warrant to you that we will be capable of receiving, processing or otherwise acting upon a request for support services.
We may provide internet-based services to support the Application. The provision of these services may be changed or cancelled by us at any time. The Application connects to our computer system over the Internet, using internet protocols, which send to our internet-based computers various data that you agree we may use to identify you or your device running the Application, such as your internet protocol address, the name and version of the software you are using, your operating system, and details of the location of the device on which you have installed the Application. By using the Application, you consent to the transmission of computer information to computer systems.
14.Updates & New Releases
Unless we advise you, otherwise, this Agreement shall cover any updates and new releases of the Application that may be created by us during the term of this Agreement. The version of the Application software may be upgraded from time to time to add support for new services and functions.
The application may automatically download and install updates from time to time. If you do not accept any update or new release of the Application, we may decline to continue to provide any support services to you and we may terminate this Agreement. Where you accept an update or new release, this Agreement applies in all respects to that update or new release to the extent that it is incorporated in or replaces the Application.
The Application (or any part of it) may display advertisements and promotions and may otherwise be supported by advertising revenue. This advertising and promotional material may also extend to e-mails via KONNECT’s App approved premium partners. Such advertisements and promotions may be targeted to information such as the content of information stored on the Application and your use and/or queries made through the Application. In consideration for us granting you access to and use of the Application; you agree that we may place such advertising on the Application and
share information and data provided by you and your device with advertisers for the
purposes of tailoring advertisements to you and/or your location.
We may change the mode, manner and extend of advertising on the Application without giving notice to you.
As an individual you have the option to purchase and ad-free version of the app via your app settings. You can also unsubscribe from e-mail promotional materials by clicking unsubscribe.
16.Links to Other Website
Our website and mobile application may allow you to link and/or connect to third party social networking sites. If you choose to link and/or connect to these sites, we may be able to collect certain personal data from your social networking profile provided to us by the social networking sites. In that case, we will collect and use such personal data only for the purpose of providing you with the connection to the social networking sites.
17.Sales by Other Business & Clubs & Hyperlinks to Third Party Sites
Parties other than us operate stores, provide service, and/or sell product lines via the Application (“Third-Party Sellers”). We may provide hyperlinks to the sites of other business, persons or clubs. We are not responsible for evaluating or examining, and we do not warrant the offerings of, any of these businesses, persons or clubs or the content of their sites. We don not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
We are also not directly involved in the completion of sales arranged with Third-Party Sellers, and as such you will need to contact them to check on your order as well as to request cancellation of an order or a return or a refund. We are not obligated to become involved in any dispute that arise between you and the Third-Party Sellers. If you have a dispute with one or more users (including a Third-Party Sellers), you release us (an our officers, directors, employees, subsidiaries, agents and joint ventures) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may be paid a fee or commission for the operation of store fronts on the Application and/or sales made by third parties to you via the Application or from the use of payment gateways. We do not warrant that any Third-Party Seller will complete the sale of an items herein. You are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false pretence or persons having no contracting capacities.
When you enter into a transaction with a Third-Party Seller you may be creating a legally binding contract with them. You must ensure that you comply with your obligations to that Third-Party Seller and are aware of any laws relevant to you as a buyer. We are not involved in the actual transaction between you and a Third-Party Seller.
We expressly exclude any warranty that the Application will be available at all times or that your use of the Application will be uninterrupted or error free. We reserve the right to suspend the operation of the Application, including if required or requested to do so by our hosting service provider.
This Agreement is effective until terminated in accordance with this clause. We may
terminate this Agreement immediately at any time and without liability to you.
Either party may terminate this Agreement immediately should the Application become the subject of a claim of infringement of any intellectual property right. Upon or at any time after termination for any reason, you must destroy all copies of the Application if required by us.
Those clauses of this Agreement that are capable of surviving termination shall do so, and termination pursuant to this clause will not affect the rights or remedies which we may have otherwise under this Agreement or at law. If we terminate this Agreement for breach, we may retain any fees paid by you or a third party.
Upon any termination, the rights and licences granted to you herein shall terminate
and you must cease all use of the Application.
Following expiry of the term, and unless required by us by notice in writing to remove the Application from your devices(s), you may continue to use the Application to the extent licensed hereunder in respect of which no limitation as to term (duration) of use applies, but you acknowledge that its features, functionality and operation may be significantly restricted.
The benefit of this Agreement may not be dealt with in any manners by you (whether by assignment, sub-licence, novation or otherwise) without our written consent. We may assign, sub-license, novate or otherwise transfer its rights in respect of this Agreement without your consent.
This Agreement constitutes the entire agreement between you and us. The terms and conditions of this Agreement can only be varied in accordance with clause 24 below or by a document in writing supplied and signed by us and accepted by you.
24.Changes to the License Terms
We reserve the right to make changes to these terms and conditions from time to time. When these changes are made, we will make the new terms available at our Website. You understand and agree that if you continue to use the Application after the date on which the terms and conditions have changed, your use will constitute acceptance of the updated terms and conditions.
25.Waiver, Variation & Severance
No right under this Agreement shall be deemed to be waived except by notice in writing signed by each party. A waiver by us pursuant to this clause will not prejudice
its rights in respect of any subsequent breach of these terms and conditions by you.
The provisions of this Agreement, shall not be varied, except by agreement in writing
signed by the parties.
If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall be deemed deleted.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is cause by events outside our reasonable control. A force majeure event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunication networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Agreement is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the force majeure event.
This Agreement was originally prepared in the English language. Although we may provide one or more translations in the future, the English language version will prevail in the case of any conflict or discrepancy.