Konect Terms and Conditions
1. Scope of Service
PropertySafe Pty Ltd (ABN 37 125 870 260) provides Konect as an app-based video software that allows businesses to communicate with their customers via a two-way audio and one-way video service. The purpose of Konect is to allow businesses to continue to provide professional services to their customers without the need to physically attending the customers location.
We are not a party to any agreement between a business and any 3rd party requesting a service or engaging a business to undertake work, nor the decision by the business to offer to use the services of Konect to the 3rd party. Any terms governing the provision of the quote or any contract for work to be undertaken is strictly between those parties and is subject to the terms agreed between them.
The business accesses the Konect web portal through any supported browser software on desktop PC, laptop or mobile device. When connecting to a customer, the customer will be asked to download a mobile “Konect+ App” to connect with the business and to facilitate the stream of recorded content.
Konect facilitates storage and retrieval of video and audio content uploaded using the Konect+ App. The Konect+ App is provided at no cost to business’ customers.
The business pays fees for access to Konect which are published on the Konect website.
Konect does not provide payment processing functions between parties using the Konect platform. If applicable, payment processing for activities facilitated by Konect is arranged direct between the business and the party ordering the service in the manner agreed by both parties.
Associated software applications are available for submission of maintenance requests by parties using Konect. This associated software functions on multiple platforms including smartphones, tablets, PCs and laptops and is provided only when used in conjunction with Konect.
2. Your Use of Konect
You agree to use Konect for the purposes outlined above, or as varied by us.
You must accept these terms and conditions in their entirety to use Konect and your continued use is taken as your acceptance. You must satisfy yourself that Konect meets your business needs or work requirements and accept any and all limitations in your use of the Konect and Konect+ App for your purposes.
Video and audio content and/or photographs obtained via the Konect+ App on your customers mobile device 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 a business purchases additional storage capacity and chooses to store the content for longer. 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.
Konect facilitates the communication between the relevant parties and you indemnify us from any claims arising from such arrangements.
You acknowledge and agree that:
- we do not control and are not responsible for the content or accuracy of any video content or pictures uploaded via the Konect+ App, or for any inaccuracy in any quotes provided via the use of Konect.
- we are not responsible for the deletion / loss of any audio/video recording whereby you did not choose to purchase additional storage capacity or failed to make any agreed payments.
3. Parties obligations
At all times, you remain responsible for the content and information provided and/or obtained through Konect whether provided directly by you or a third party including, without limitation, any customer, employee, sub-contractor or contractor, employed or engaged by you.
Throughout the course of using Konect, you may receive other people’s data in using our service. If you receive information from other users, you must comply with all laws, including those concerning privacy, data security and online marketing.
The businesss must provide a valid credit card or arrange payment monthly or annually in advance for their requested Konect plan.
4. Liability and Indemnity
We will not be liable for any lost profit or any indirect, incidental, special or consequential loss or damage (including but not limited to economic damages) incurred by you arising out of or otherwise in connection with your use of Konect (including as a result of any negligent act or omission on our part). We make no warranty that the service provided by us, will be timely or error free.
Our liability to you as an authorised user of Konect (including negligence and under any implied warranties which cannot be excluded at law) is limited to (at our discretion) the re-supply of services supplied or offered by us or the cost of this re-supply.
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.
We have no liability for any injuries incurred whilst using the Konect+ App. It is the responsibility of both the business and the Konect+ App user to be aware of any risks and to take all precautions required to maintain their safety at all times.
5. Confidentiality and Security
We cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if you are not aware of and/or have not authorised such use.
6. Acceptable Use Policy
You are responsible not to engage in or to instigate actions that are unlawful or cause harm to us or parties that use Konect.
By using Konect and the Konect+ App you agree:
- That you or a third party including, without limitation, any customer, employee, sub-contractor or contractor, employed or engaged by you, will not breach the laws of any applicable Federal, State or local government;
- Not to make, attempt or allow any unauthorized access to Konect, your own account or the account of any other Konect customer;
- Not to allow any remote code execution of malicious software through your Konect account;
- Not to allow any code deconstruction or copying software through your Konect account.
- Not to use the Konect for any purpose other than that provided for in these Terms and Conditions;
- Not to sell, license, sublicense or distribute Konect or any content collected or created using the Konect+ App;
- Not to use Konect and/or the Konect+ App to build a competitive product or service, either for your own benefit or the benefit of others.
7. Term and Termination
Any party may terminate the right to use Konect at any time, with or without cause, and will provide 30 days written notice to the other party. Authorised users will retain the right to use Konect until the termination period has expired. After the termination period has expired, all saved data will be deleted. No refunds will be issued on termination. We shall have no liability to you or any third party because of such termination.
8. System Requirements
In order to use Konect you need a desktop PC, laptop, tablet or smartphone with Internet connection facilities, a current version of a supported Internet browser and a stable Internet connection.
In order to use Konect+ App 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 connection.
The Konect and Konect+ App 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. 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.
9. Website and Services Availability
Due to the nature of web-based services, from time to time down-time, either scheduled or unscheduled, may occur. 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. We cannot guarantee that any file or program available for download and/or execution from or via Konect and/or the Konect+ App is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with Konect and the Konect+ App, and you release us entirely of all responsibility for any consequences of its use.
10. Intellectual Property
All intellectual property rights in information, trademarks, logos, business processes, data and materials including without limitation all software, tools, know-how, equipment or processes, used in relation to the Konect platform, the Konect+ App, system and website shall remain our sole and exclusive intellectual property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.
11. Dispute Resolution
If you have any concern or complaint regarding your use of Konect you should bring them to our attention as soon as practicable. We agree to make genuine efforts to promptly address any such matters raised. Any dispute arising out of or in connection with your authorised use of Konect under these terms shall be resolved in the first instance through negotiations between our respective senior executives with the authority to settle. If we are unable to resolve a dispute by negotiation and discussion within 30 days, then the dispute shall be resolved by a person agreed between us or, in the absence of agreement, by a person nominated by the President of the Institute of Arbitrators and Mediators Australia or the President’s delegate.
12. Changes to these Terms and Conditions
We reserve the right to change the above terms and conditions with reasonable notice. Such changes will become effective and binding after their posting on the Konect website. You agree to regularly review the Konect Terms and Conditions of Use and be aware of the changes made. By continuing to use the Konect services after a revision has been posted, you agree you are bound by them.
These Terms and Conditions and your dealings with us are subject to the laws of New South Wales.