TERMS & CONDITIONS
a) Within these terms and conditions, when we refer to “our”, “we” and “us”, we mean PropertySafe Pty Ltd ACN 125 870 260 (“Konect”) and/or our affiliates.
b) Within these terms and conditions, when we refer to “you” and “your”, we mean the person using the mobile app.
c) These terms and conditions govern your use of this mobile app; by registering for this mobile app, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you should withdraw your consent by contacting us at [email protected]
3. License to use this mobile app
a) Unless otherwise stated, we own the intellectual property rights in the Konect+ and all material in the Konect+. Subject to the license below, all these intellectual property rights are reserved.
b) You may use the Konect+ for the purposes set out in the Konect website www.konect.com.au, subject to the restrictions set out below and elsewhere in these terms and conditions.
4. Intellectual Property
All copyright, trademarks and other intellectual property rights in the text, images and additional materials contained on the Konect+ are owned or licensed by us. No intellectual property or other right in or to the
information and materials on Konect+ is transferred to visitors to or users of the app.
5. Acceptable Use
You must not use this mobile app in any way that causes, or may cause, damage to the Konect App or impair the availability or accessibility of this mobile app; or in any way which is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
6. Protecting other users’ rights
a) You will not post content or take any action on the app that infringes or violates someone else’s rights or otherwise violates the law or terms herein.
b) We can remove any content you upload using the Konect+ if we believe that it violates these terms and conditions.
c) If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, please contact us via email at [email protected]
7. Changes to Konect+ functionality
The Konect+ is a dynamic part of our business and its functionality may change over time. Changes to functionality may occur without prior notice being given. If you are not satisfied with any changes to the Konect+ functionality, you may terminate your access at any time and withdraw your consent to the data
8. Dealings with Businesses
a) We are not a party to any agreement between you and a business providing a service or your engaging a them to undertake work. Any terms governing the provision of a service or any contract for work to be undertaken is
strictly between you and the business and is subject to the terms agreed between you.
b) We have no liability for any payments owed or for the standard, quality or quantity of work performed by a business or a third party sub-contracted by them.
c) We facilitate the storage, but do not access or use the content in any way unless authorised/directed by business or for technical debugging activities.
9. No warranties
a) The Konect+ is provided “as is” without any representations or warranties, either express or implied.
b) We do not warrant that the Konect+ will be constantly available, or available at all.
10. Limitations of liability
a) We will not be liable to you in any circumstances for;
i) any direct loss associated with the use of the Konect+; or
ii) any indirect, special or consequential loss associated with the use of the Konect+.
b) We have no liability for any injuries incurred by you creating video content in connection with your use of the Konect+. It is the responsibility of both you and the business to be aware of any risks and to take all precautions
required to maintain your safety.
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
12. User content
a) Within these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you upload using the Konect+, for whatever purpose.
b) Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, including their rights under any privacy laws and must not be capable of giving rise to legal action whether against you, us or a third party (in each case under any applicable law).
c) You acknowledge that video and audio content and/or photographs created by you and uploaded via the Konect+ is uploaded and stored on a secure server provided by Konect for a period of 48 hours only, at which time it is permanently deleted from the server, unless the business purchases additional storage capacity and chooses to store the content for longer.
d) Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content.
13. System Requirements
a) In order to use Konect+ you need an Apple (iOS) or Android tablet or smartphone with Internet connection facilities, a current supported version of the Apple iOS or Android operating system and a stable Internet
b) The Konect+ may work in a limited manner on superseded or uncommon software and hardware combinations, in areas of poor Internet coverage, unstable Internet connection or Internet connection that does not reliably meet the minimum bandwidth specified.
c) While we will provide reasonable assistance to ensure Konect+ is available to you, you remain solely responsible for resolving ongoing issues related to your device and/or your internet connection.
14. Website and Services Availability
a) Due to the nature of web-based services, from time to time down-time, either scheduled or unscheduled, may occur.
b) We undertake all reasonable endeavours to ensure this amount of down-time is limited. We are not liable for the consequences of any down time.
c) We cannot guarantee that any file or program available for download and/or execution from or via the Konect+ is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used.
d) You assume all risk of use of all programs and files associated with the Konect+, and you release us entirely of all responsibility for any consequences of its use.
a) By using for the Konect+, you consent to the limitations of liability set out in these terms and conditions.
b) If you do not accept the exclusions and limitations of liability, you must discontinue your use of the Konect+.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation; legal expenses and any amounts paid by us to a third party in settlement
of a claim or dispute on the advice of our legal advisers) incurred or suffered by us 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).
We reserve the right to amend these terms and conditions from time-to-time. Amended terms and conditions will apply to the use of the Konect+ from the date of the publication of the amended terms and conditions on the Konect+. Please check this page regularly to ensure you are familiar with the current version.
These terms and conditions will be governed by and construed in accordance with New South Wales law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts
of New South Wales.
b) If we fail to enforce any part of these terms and conditions, it will not be considered a waiver unless expressly stated in writing.
c) Nothing in this agreement shall prevent either your or us from complying with any relevant law which may apply.
24. Contact Us
If you have any queries or concerns, please contact us via email at [email protected]