Terms of Service
Definitions
1.1. Terms – It refers to the Terms, i.e., conditions as applicable to the use of a specified service. It may be viewed by clicking on the “Terms of Service” link listed in such Service description. It may also be updated or amended from time-to-time, with or without notice.
1.2. Services – It includes functions of an electronic nature provided on or through our Platform and delivered to the User through a technology infrastructure with minimal or no human intervention. It includes Services along with its components, and Updates, as may be provided by KONSIGN at any time in its sole discretion. KONSIGN provides certain services at no cost (“Free Services”) and will give access to additional services (“Paid Services”) based on the plan the User subscribes to.
1.3. Updates – It shall include bug fixes, new features, corrections added or removed from our Platform and Services, but shall not include any product that KONSIGN sells or markets separately.
1.4. Platform – It means our official website www.konsign.com and any other software owned by the company which may allow Users to utilize and/or give access to our Services.
1.5. User – Any Visitor (who accesses the Platform but does not register), Registered User (who signs up for an account with KONSIGN) or Subscriber (A Registered User who purchases a subscription plan) of KONSIGN will be referred to as the authorized “User” (“Consumer”, “You”) of our Services. The term shall also include an existing User’s affiliates and/or representatives registered on our Platform.
1.6. Company – It includes any other company or companies, including subsidiary companies & affiliates (“we”, “us”, “our”) of KONSIGN.
1.7. Content – It consists of any information, data, text, files, User profiles, software, graphics, analytics, and other interactive features generated, provided, or otherwise made accessible, without limitation, or provided either by you or inputted by us or our partners or sponsors on or through the Platform.
1.8. Agreement – For the purposes of this Terms of Service, Agreement refers to every agreement & document referenced herein (including Privacy Policy), between the User & KONSIGN with respect to your access & use of our Services. It supersedes all previous understandings, whether written or oral, and prevails over any conflicting terms contained in any documents, communications or discussions.
Acceptance of Terms
By accessing our website. i.e., https://konsign.com.au, you agree to be bound by the terms of service contained herein, all operating laws and regulations, policies (including without limitation, KONSIGN’s Privacy Policy) and you take full responsibility for compliance with applicable local laws. In case you disagree with any or all of these terms, you will be prohibited from using or accessing this site. Everything contained on this website is protected by applicable copyright and trademark law.
Usage
3.1. Reservation of Rights/Ownership
KONSIGN enables the facilitation & execution of electronic transactions between parties by finalizing agreements through e-Signatures and enables Digital Transaction Management System.
All information, content, text, graphics, design, compilation and arrangement of elements, organization, software, and other Content on our Platform are the property of KONSIGN or its licensors.
Our Services are protected by applicable worldwide intellectual property laws. In this context and through our Terms you acknowledge that both our Content & Services are protected by copyright, patent, trademark, or other intellectual property rights.
KONSIGN reserves all the right, title & interest in and to the Services without limitation. No rights are provided to you otherwise than by explicit written consent. Unauthorized use & access of materials from this Site may violate copyright, trademark and privacy laws.
3.2. Access To Use Our Services
Subject to your compliance with the Terms:-
You are granted a limited, non-transferable, non-exclusive, revocable right to use and access our services;
You agree not to reproduce, distribute, create derivative works from, publicly perform or display, sell or re-sell any content, software, products and/or services received by you though KONSIGN without explicit prior consent & written permission of KONSIGN.
The Terms or your access and use of our Services do not transfer, to you and/or a third party, any rights, title and/or interest to any Intellectual Property Rights.
3.3 Responsibility For Content
Between KONSIGN and the Customer:-
The customer has exclusive control over the content, its quality & format.
KONSIGN will not retain any right, interest & title in the Content uploaded by you. We may provide links to publicly available Content to use with the Services but are not responsible in any manner for such publicly available content.
If you are an administrator for your account, then you are responsible for the Content and activities of your users.
E-Documents stored by you on our system are maintained in an encrypted form & KONSIGN has no control or access to the same.
Subject to the above, you shall be prohibited from using our services in the following circumstances:-
Explicitly violating or attempting to violate the integrity or security of any Content as made available by KONSIGN;
Intentionally submitting any incomplete, false or inaccurate information;
Duplicating or copying in any manner any of our Content or other information available;
Disabling any digital rights management, usage rules, or any other security features.
Limitations
Customer must agree and acknowledge the following:-
In the facilitation and execution of electronic transactions and finalization of agreements, KONSIGN is not be interpreted as a party involved in the said electronic transaction. Further, KONSIGN makes no representation or warranty concerning the transaction sought to be affected by any document processed using our services.
Certain types of agreements may be exempted from electronic signature laws (e.g. wills and agreements pertaining to family law) or may be subject to other specific regulations formulated by different government agencies regarding electronic signatures and its records. KONSIGN is not responsible for determining whether any particular document or agreement is:-
subject to an exception to any applicable electronic signature laws;
subject to any particular agency’s statutory or administrative law; and
whether it can be legally finalized using electronic signatures;
KONSIGN is not responsible for determining the period for which any contract, document, agreement and other records are to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, KONSIGN is not responsible for providing Customer’s e-Documents to third parties;
Certain consumer protection laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (amongst others) the consumer must consent to the manner of contracting and/or the consumer must receive a physical copy, or access to a copy, of the agreement in other non-electronic forms. In the context of the aforesaid, KONSIGN is not responsible to:-
ascertain whether any particular transaction involves such a “consumer;”
obtain any such consents from consumers or determine if any such consents have already been withdrawn;
provide any information or disclosures to obtain any such consents;
provide legal review of, or edit, update or correct any information or disclosures currently or previously given;
provide copies or such access, except as expressly provided in the Documentation for all transactions.
Governing Law
Our Services are compliant to all the major e-Signature laws around the world.
Australia: According to part 10 of the Electronic Transactions Act of Australia, electronic signatures are considered to be legally enforceable.
India: The Information Technology Act, 2000 is currently the main source of Law governing the validity of e-signatures in India.
US: On 1st October 2000 the U.S. made e-signatures inclusive with the Electronic Signatures in Global and National Commerce Act (“E-Signature Act”)
European Union (EU): December 1999 marked the establishment of a common framework for electronic signatures in the EU with the 1999/93/EC Directive on Electronic Signatures.
UK: E-signatures are legally permissible in the UK after the Electronic Communications Act 2000 which adopts certain provisions from EU’s Electronic Commerce Directive.
Scope Of Use
6.1. Accounts
To sign-up, access and/or use our Services, you must create an Account with KONSIGN. Creating an Account shall amount to:-
Your clear indication of agreeing to the Terms of Service.
Your consent to providing contact information for identity verification purposes.
Your consent to providing any other such authentic information as required for the registration process.
KONSIGN provides Services both free of cost (“Free Services”) and for a charge (“Paid Services”). For availing Free Services you are under no obligation to create an account with us. You must only submit your email address and/or other contact information for KONSIGN to be able to verify your identity as authentic for utilizing our Free Services.
However, in case of Paid Services, you will mandatorily need to create an account on our Platform. For the same, an email address and a password must be provided. You may not share the details of your account with anyone else and keep your password confidential. In case you feel like your account has been compromised, you must contact our support team administrator at the earliest for immediate action.
In certain cases, an account may also be assigned to you by your Employer or Team Leader or any other person authorized to do so as an account admin.
6.2. Payment
KONSIGN offers a host of plans, customizable as per the User’s requirements. Each plan shall give you different features to work with as per your convenience and ease-of-access. Once you sign up for a plan, you agree to take full responsibility to pay for the fees charged under the said chosen plan.
You may purchase a monthly or an annual plan. For such recurring access to our Services, you agree to provide KONSIGN with your Credit or Debit Card details or details of any other mode of bank transfers or authorise other such automatic electronic payment mode (“e-Payment Account”). In addition to the above, you authorize KONSIGN for charging such e-Payment Account for recurring payments. Such recurring payments may be carried out in the same manner as the initial/first payment. All fees, expenses, charges & taxes due hereunder shall be payable in Australian Dollar (AUD). All dues must be paid in full without any deduction, withholding, set-off or counterclaim of any kind unless permissible under law.
Upon attaching an e-Payment Account you authorize KONSIGN to deduct the relevant amount as Subscription Fees upon renewal on the last day of each Subscription Period unless you explicitly choose to cancel the Services.
Furthermore, you agree that KONSIGN may change its fees from time to time under its sole discretion. KONSIGN shall inform Users about such changes by posting notice of the same on its Platform.
6.3. Billing & Invoice
For monthly plan billings, KONSIGN enables month-to-month access to our Services. Monthly plans are renewed every month on the day you originally signed up with us. For annual plan billings, you are provided with year-to-year access at a relatively lower rate & substantial savings in comparison to the monthly plan. Annual plans too are automatically renewed every year on the date you originally signed up with us.
If you are invoiced by KONSIGN, either monthly/annually, you agree to pay the billed amount within thirty (30) days from the date of invoice. All fees are payable in Australian Dollar (AUD) and are non-refundable. In case payment is not received within the stipulated time from when the fees becomes due, KONSIGN reserves the right to, without any liability to you, disable your access to your KONSIGN Account
Users also realize their duty to submit correct & accurate billing address and contact information for maintaining transparency.
If your credit card or bank account linked with your KONSIGN Account closes or renders ineffective, you shall immediately update the said information on your Account or supply new payment information for uninterrupted Service. In case you are unable to update the said information, then you shall be invoiced by KONSIGN detailing the amount due. Such amount must be paid by you within a period of seven (7) days from the date of invoice.
In case payment dates fall on a holiday or the weekend you acknowledge and understand that the payment will be automated on the next working day.
6.4. Cancellation Policy
In case you choose to cancel your subscription on your own accord, you will be billed for the current billing cycle & your account will not be renewed again. However, you cannot claim any partial refund. Your account will continue to be in the same plan till your subscription expires. No additional charges will be made for cancellation. Keeping in mind the fairness to all involved, no exceptions will be made.
6.5. Document Management System
Document Storage & Deletion – Content, Sending, Drafts, Deletion, Retention;
Comments Functionality – Input, access, retain, sharing;
Termination
In case of any of the following:-
Breach of conditions as mentioned in our Terms by you;
Non-receipt of payment;
KONSIGN is unable to authenticate any information provided to it by you;
KONSIGN has a reasonable ground to believe that any illegal or fraudulent activity has been carried on by you;
The company reserves the right to suspend or terminate your access to our Platform with or without notice. Once terminated temporarily or indefinitely you may not be able to continue using our services with the same account. You may have to re-register under a new account in order to use our services again.
Privacy
Our Privacy Policy also governs your usage of our Website. Please read the same carefully, to know your privacy rights & to understand how KONSIGN collects, uses, protects, shares & retains the information obtained from you to execute the Services securely.
Trust & Security
Limited Liability
Disclaimer
In no event shall KONSIGN or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on KONSIGN's website, even if KONSIGN or a KONSIGN’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
YOUR USE OF THE DOCHUB SERVICE AND ITS CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND ITS CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Updates & Communications
We may update, modify, amend or revise the Terms and other rules, regulations, policies and/or procedures from time to time, with or without notice. It is your duty to read and review the Terms frequently to keep yourself informed about the changes. Post such changes the then-Terms shall supersede all the previous versions.
Users may access our email-based online support to resolve their queries or obtain clarifications with respect to our Terms of Service. You may write to us at info@koncheck.com. KONSIGN shall put its best efforts to resolve any impending issues by responding to your requests at the earliest.
Changes:
I’m sure you are using certain terms all across the document (KONSIGN, User, etc). It would be good to specify “definitions” of the terms at the beginning of the document.
Could you please explain why you named the second clause License? It should be something along the lines of Usage, Limitations, Responsibilities.
Under the Usage clause, include terms along the lines of the following points below. Please only take the idea, do not use the exact content or language as this would result in plagiarism.
KONSIGN Signature facilitates the execution of eDocuments between the parties to those eDocuments. Nothing in this Schedule may be construed to make KONSIGN a party to any eDocument processed through KONSIGN Signature, and KONSIGN makes no representation or warranty regarding the transactions sought to be effected by any eDocument;
Between KONSIGN and Customer, Customer has exclusive control over and responsibility for the content, quality, and format of any eDocument. eDocuments stored by KONSIGN on the System are maintained in an encrypted form, and KONSIGN has no control of or access to their contents;
Certain types of agreements and documents may be excepted from electronic signature laws (e.g. wills and agreements pertaining to family law), or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. KONSIGN is not responsible for determining whether any particular eDocument is (i) subject to an exception to applicable electronic signature laws; (ii) subject to any particular agency promulgations; or (iii) whether it can be legally formed by electronic signatures;
KONSIGN is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, KONSIGN is not responsible for providing Customer’s eDocuments or other documents to third parties;
Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. KONSIGN does not and is not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Documentation for all transactions, consumer or otherwise; or (vi) otherwise to comply with any such special requirements;
Rename “Modifications” to “Updates & Communications”
Add the following clauses and specify their terms; you may even club similar information in one clause
Ownership – under this add the info about intellectual property, copyrights, trademarks, logos;
A Privacy Clause;
User Sign-Up Obligations
Document Storage & Deletion – Content, Sending, Drafts, Deletion, Retention;
Free Trial And Special Offers For Konsign Services;
Subscription Plans & Pricing;
Billings/Invoices;
Renewals;
Comments Functionality – Input, access, retain, sharing;
Cookies;
General Data, Personal Data, Confidentiality
Information Security;
Accounts, Emails, Passwords & Organizational Administration;
RESTRICTIONS ON USE OF THE SITE (please try to be as elaborate as possible for this);
Limitation of Liability;
Conduct;
User Communication;