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TERMS AND CONDITIONS

Welcome to Konekt

XETOVA’s products and services are provided by XETOVA Ltd. These terms and condition of use govern your use of XETOVA’s web sites, mobile applications, products and services (collectively the services) so please read them carefully.

By accessing this Platform or using the services, you are agreeing to the Terms, and XETOVA’s General Use Policy, XETOVA’s Privacy Policy (the User Agreements).

YOUR USE OF THIS WEB PLATFORM OR THE RELATED MOBILE APPLICATION CONSTITUTE YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

This Web Platform (the “Web Platform”) and the related Mobile Application (the "App") are services made available by XETOVA Ltd, a Kenyan limited liability company, and its affiliates and licensees ("Provider") and all content, information and software provided on and through the Web Platform or App ("Content") may be used solely under the following terms and conditions ("Terms of Use"):

Nature of Data or Information Collected

For use, and customization of the platform, Konekt may require, collect and process certain information. This may:

name and physical address, postal address email addresses, and telephone numbers;
photographs including logos or marks that identify you and testimonials;
transactional data, including products and services ordered, financial details and methods, list of buyers, past and ongoing contracting information;
entity’s or person’s contact information including physical address, postal address email addresses, and telephone numbers
entity’s or person’s data on registration, registration number, the Leadership structure and constitution, Ownership;
data from surveys conducted by Konekt or by third parties on behalf of Konekt and publicly available information, such as social media posts;
call recording and chat transcript data based on your interaction with Konekt;
unique IDs such as the mobile device identifier or cookie ID on your browser;
IP address and information that may be derived from IP address, such as geographic location;
information about a device you use, such as browser, device type, operating system, the presence or use of “apps”, screen resolution, and the preferred language; and
behavioural data of the internet connected computer or device you use when interacting with the Platforms, such as advertisements clicked or viewed, Platforms and content areas, date and time of activities or the web search used to locate and navigate to a Platform.

This is for both local and foreign users.

Web Platform and App Licence.

As a user of this Web Platform and/or App you are granted a nonexclusive, non-transferable, revocable, limited licence to access and use the Web Platform and App, and Content in accordance with these Terms of Use. Provider may terminate this licence at any time for any reason.

Subject to the terms and conditions set forth in the User Agreements and Your compliance with their terms, we agree to provide you with access and use of Our Platform while you are in compliance with the User Agreements and all other terms and conditions described for use of the Platform.

The subscription, and user terms are as prescribed in these Terms and Conditions, and as shall be determined by XETOVA.

When you transmit user content on XETOVA, you hereby grant XETOVA and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such data or information, including throughout the world in any media. If you submit feedback or suggestions about our Services, Konekt may use your feedback or suggestions without obligation to you.*

Resale or unauthorised distribution of materials downloaded from the XETOVA webPlatform is strictly prohibited. Any resale or redistribution of our materials requires the express, written consent of XETOVA.

ACCESSIBILITY

You understand and agree that the Platform may, at times, be inaccessible or inoperable for any reason, including, but not limited to:

equipment or communications malfunctions;
periodic maintenance, repairs, or administrative reviews which Konekt may undertake from time-to-time; or
causes beyond Our control or which are not reasonably foreseeable by Us. Our Platform is offered as-is, and as-available. While We will make efforts to maintain the Platform, We have no control over Your ability to access the Platform at any particular time and We are not responsible for any limitation of services due to technical difficulties beyond Our control, including any interruption of service in providing the Platform.

EQUIPMENT

You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Platform, all hardware, software, electrical, and other physical requirements for Your use of Our Platform, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, and programs or services required to access and use the Platform.

PROPRIETARY RIGHTS

All or portions of this Platform are proprietary to Us and are protected by intellectual property laws and/or treaties, including, but not limited to, copyright, trademark, service mark, and patent laws both locally and internationally. You agree to use this Platform for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, or prepare derivative works for any other purpose unless We give You express written permission to do so. The User Agreements do not constitute any general license to You to use any of Our copyrights or trademarks with the sole exception of on-screen viewing. Our trademarks include but are not limited to ALL marks used and/or registered by Konekt.

NO REDISTRIBUTION OR RESALE

You agree not to reproduce, duplicate, copy, sell, resell, lease, distribute, redistribute, publish, modify or exploit for any commercial purposes, any portion of the Platform, its use, or any access to it. You agree that You are only authorised to visit, view and to retain a copy of pages of this Platform for Your own personal use.

NO INTERFERENCE

You agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program (e.g. robot, spider, spyware, etc.) designed to monitor, observe, track, gather, copy, or transmit any of the content or user information contained on Our Platform without Our express written permission. You further agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program that interferes or attempts to interfere with the operation of Our Platform.

LINKING AND FRAMING

Our Platform may also provide links to other web sites or applications. These links are not intended to imply sponsorship, affiliation, or endorsement. Konekt does not exercise any control over these other websites. We are not responsible or liable, either directly or indirectly, for the availability or accessibility of these other web sites, any transmissions initiated by or between You and the other web site, any of the content posted on the other web site, or Your reliance upon such content.

USER SUBMITTED CONTENT

By submitting any and all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through the Platform ("Content") to be used on the Platform, You agree that Konekt may use Your name, voice, or image and any quotes attributable to You, and any such photos, videos, or audio recordings of or by You as described herein. You grant the rights hereunder whether or not Your name, voice, or image, or any quotes attributable to You are used in any manner by XETOVA and We reserve the right in Our sole discretion NOT to use any submitted content. You grant these rights to XETOVA worldwide, irrevocably, royalty-free, with the perpetual right and licence to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on the Platform, advertising, and other commercial uses in connection with the Platform. You waive all rights related to Our use and release, discharge and hold harmless XETOVA, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of Your name, voice, or image, or any quotes attributable to You. You further understand and agree that online visitors to the Platform may view the Content and may comment on the Content as they see fit such as in (but not limited to) contests or polls. In addition and by submitting Content:

You understand and agree that the Content may be cropped, processed, organised, rearranged, arranged, extracted, edited, electronically manipulated or otherwise altered for use in the Platform, without further consent or approval, and that whether or how the Content is used in the Platform is entirely within Our sole discretion;
You certify that You are the original author (or have a written assignment of all rights from the author) of the submitted Content, You are the sole copyright owner of the Content, You are the only person depicted in the Content, and You have complete authority to grant to Us the rights stated herein; and
You understand and agree that all Content is subject to review and editing by Us prior to any posting or use by XETOVA. You further acknowledge that We reserve the right to remove any Content from the Platform at any time and for any reason at Our sole discretion.

GRANT OF LIKENESS

You grant permission to XETOVA to utilise your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, an Event (regardless of whether before, during or after such Event) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, You or anyone acting on Your behalf.

UNACCEPTABLE USES

You are solely responsible for any and all acts and omissions that occur while You use this Platform, and You agree not to engage in unacceptable use of the Platform, which includes, but is not limited to, use of the Platform to:

disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail (also known as "spam");
disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
disseminate, store, or transmit files, graphics, software, material, or other content that actually or potentially infringes the copyright, trademark, patent, trade secret, intellectual property rights, or rights of privacy or publicity of any person or instruct any person how to do so;
create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
impersonate any person or entity, including, but not limited to, a XETOVA employee or agent;
export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the Kenya and any other operating country and its agencies or authorities, or without all required approvals, licenses or exemptions;
interfere, disrupt, or attempt to gain unauthorized access to other passwords or accounts on the Platform or any other computer network;
disseminate, store or transmit viruses, trojan horses, or any other malicious code or program;
harm minors in any way;
solicit personal information from anyone under eighteen (18) years of age;
solicit confidential information;
interfere with or disrupt the Platform or the servers or network connected to provide service to the Platform;
provide instructional information about illegal or unlawful activities
"stalk" or otherwise harass another person;
intentionally or unintentionally violate any applicable local, state, national or international law;
engage in outside commercial or business activities without Our express written consent; and/or
engage in any other activity deemed by Us, in Our sole discretion, to be unacceptable when using this Platform or in conflict with the spirit or intent of the User Agreements. Any violation of this section can result in termination of Your account and/or license to use this Platform and any ticket orders and/or Event listings that You place with Us, as well as other legal action. We will not routinely attempt to match Your personally identifiable information to Your usage of the Platform or to other information in our possession. However, in instances where We, in Our sole discretion, suspect or determine that the Platform is being used for any unacceptable, inappropriate, or illegal purposes, personally identifiable information relating to Your use of this Platform may be disclosed to other parties as We deem appropriate. Such information may also be disclosed pursuant to any authorized law enforcement investigation, regardless of whether it was initiated by Us or by another party.

COMMERCIAL USE

No bulletin board, chat or other areas of this Platform may be used by Our visitors for any commercial purposes not associated with XETOVA related transactions. You must obtain Our prior written consent to make other commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. You may not transmit any chain letters or junk email to others.

The revenue, if any, generated from this project and Konekt’s intellectual platforms, dashboards, applications, systems, among others shall primarily be the property of Konekt, and may be shared in a formula to be determined by Konekt.

CONTENT POSTED ON THE PLATFORM

All Content is the sole responsibility of the person from whom such Content originated. XETOVA does not control, and is not responsible for user-submitted Content and that by using the Platform, You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Platform may contain links to other web sites, which are completely independent of XETOVA.

Konekt makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Platform. Likewise, XETOVA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Platform. Users of the Platform bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will XETOVA be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Platform. You acknowledge that XETOVA does not pre-screen or approve Content prior to posting. XETOVA makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user.

And further, as to Content:

You understand and agree that XETOVA may review and delete any Content that in the sole judgement of XETOVA violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others;
You are solely responsible for the Content that You publish or display; and
by posting Content to any public area of the Platform, You automatically grant, and You represent and warrant that You have the right to grant, to XETOVA an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. XETOVA reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Platform and terminating the membership of such violators. The following is a partial list of the kind of Content that is illegal or prohibited on the Platform: Content that
1. is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
4. promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
5. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
7. displays pornographic or sexually explicit material of any kind;
8. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
11. fraudulent and otherwise misleading information intended to mislead other users;
12. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
13. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

It is Our policy to respond to notices of alleged infringement that comply with Copyright Acts both in Kenya and internationally and the larger Berne Convention copyright community. If You believe that a work protected by a copyright which You own has been posted or stored on Our Platform without Your authorization, You may contact Our agent as follows:

Via mail, at the address listed above; via e-mail, at IP@XETOVA.co.ke or via Phone at …………………………….; …………………… Please include information sufficient to identify the work, proof of ownership (if any), its location on Our Platform, when you accessed it, details on the nature of infringement, and Your copyright information. It is Our policy to terminate, in appropriate circumstances, the access rights to Our Platform of repeat infringers.

PRIVACY

Your information is collected and utilized pursuant to Our Privacy Policy, incorporated by reference herein. Konekt does not knowingly collect information from children. For the record, Konekt considers all individuals below the age of Eighteen [18] to be children. This is per prescriptions of the Childrens’ Act, 2001 – Laws of the Republic of Kenya. This Platform is intended for use by adults only.

REPRESENTATIONS AND WARRANTIES

Users represent and warrant the following:

They are over eighteen (18) years of age;
They have the right, power, and authority to enter into and perform the User Agreements;
They will not use Our service or Platform for any unacceptable uses, as partially listed in the paragraph titled "Unacceptable Uses";
They will not use Our Platform or service to violate any federal, state, and/or local law;
They will only use Our Platform or service to transmit and disseminate information reasonably requested by Konekt; and
the information provided, including but not limited to all information concerning your name, address, affiliations, financiers, partners, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes.

INDEPENDENT CONTRACTORS

XETOVA and You are and shall be independent contractors and neither party by virtue of the User Agreements shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other.

COMPLIANCE WITH LAWS

This Platform is subject to the Law of the Republic of Kenya including but not limited to export controls. You acknowledge that complying with laws is Your responsibility, and You agree not to hold Us liable for Your failure to comply with any law or Our failure to notify You of any law.

INTERNATIONAL USERS

This Platform is controlled, operated and administered by the Law of the Republic of Kenya. We make no representation that materials on the Platform are appropriate or available for use at other locations outside Kenya and access to them from territories where the contents or products available through the Platform are illegal is prohibited. If You access this Platform from a location outside of Kenya, You are responsible for compliance with all applicable local/municipal laws and regulations.

REMEDIES

In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of the User Agreements, We shall be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in the User Agreements shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You. You understand and agree that in XETOVA 's sole discretion, and without prior notice, XETOVA may terminate and block Your access to the Platform or to its services.

SURVIVABILITY

The respective rights and obligations of the parties under the paragraphs titled "Representations and Warranties", "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," and "Governing Law and Forum" and as otherwise provided in the User Agreements, shall survive any termination or expiration of the User Agreements.

Advertisers.

This Web Platform and App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Platform and App is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.

Konekt provides no warranties or undertakings as to the accuracy of information provided by advertisers on the Platform.

Registration.

Certain sections of this Web Platform and App require you to register. If registration is requested, you agree to provide the Provider with accurate, complete registration information. It is your responsibility to inform the Provider of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Provider does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing info@konekt.com.

Errors and Corrections.

Provider does not represent or warrant that the Web Platform or App will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Platform or App will be correct, accurate, timely, or otherwise reliable. Providers may make improvements and/or changes to its features, functionality or Content at any time.

Third Party Content.

Third party content may appear on this Web Platform and App or may be accessible via links from this Web Platform or App. Konekt is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, or falsehood in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Platform or App. You understand that the information and opinions in the third party content is neither endorsed by nor does it necessarily reflect the belief of the Provider.

Disclaimer of Representations and Liability

Please read this section carefully as it affects your rights

The information, software, products, and services made available through Konekt may include inaccuracies or typographical errors. Konekt and/or its suppliers may at any time make improvements or changes to our Services. Information received via Konekt should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, XETOVA AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE WEB PLATFORM AND APP ARE PROVIDED ON AN "AS IS'' BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB PLATFORM OR APP AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB PLATFORM AND APPS OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB PLATFORM OR APP, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB PLATFORM OR APP OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB PLATFORM OR APP,OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB PLATFORM OR APP.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL XETOVA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT XETOVA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

XETOVA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO XETOVA FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

Konekt shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from YOUR USE OF THE WEB PLATFORM OR APP. Konekt SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ADVOCATES' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB PLATFORM OR APP OR THE CONTENT.

Unlawful Activity.

Konekt reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Remedies for Violations.

Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Web Platform or App and their features.

Governing Law and Jurisdiction.

The Terms of Use are governed by and construed in accordance with the Laws of Kenya. Any action or claim related to the Content, Web Platform or App shall be brought in the in Nairobi, Kenya or any other courts with requisite jurisdiction.

Privacy.

Your use of the Web Platform is subject to Provider's Privacy Policy, available through this Platform.

Severability of Provisions.

These Terms of Use incorporate by reference any notices contained on the Web Platform or App and the Privacy Policy, which together constitute the entire agreement with respect to access to and use of the Web Platform or App. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Modifications to Terms of Use.

XETOVA reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Platform or the App and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Platform or App after any such changes constitutes your consent to such changes.

Minimum system requirements

The App will only work on compatible Devices and operating systems and certain functionality will only work if your Device is connected to the internet. Some features may also only be available with certain operating systems.

Use of the Platform

You must comply with these T&Cs as these apply to your use of the App and the Service T&Cs apply to your use of the Service that you access and use through the App and/ or Platform. Any violation of these T&Cs may result in the termination of your access to the App and/or the Service.

You may only use the App for your own personal use and not in connection with any commercial endeavors. You must not send it to anyone else or copy or modify any part of it in any way.

You must not attempt to extract any source code from the App, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the App and our systems.

You must not use the App for any of the following purposes:

(a) anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;

(b) anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others. This includes any information that you may add or upload to the App;

(d) knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.

You must not use the App in a way that may damage or impair the App, the Service or our underlying systems and security.

Our responsibilities to you

While we will endeavour to ensure that the Platform/App is normally available 24 hours a day, we shall not be liable if for any reason the Platform/App is not available at any time or for any period. Access to the App may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if we deem it necessary. For the avoidance of doubt, we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the App.

The Platform/App, including all content on or available through the App, is provided on an ‘as is’ basis and Konekt does not make any representation or give any warranty in respect of the App or any of its content. In particular, but without limitation, Konekt does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the Platform/App. The content of the Platform/App is NOT intended as advice and should not be relied upon.

Konekt does not accept any responsibility to you for:

(a) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access via the App;

(b) any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;

(c) viruses that may infect your computer equipment or other property on account of your access to or use of the App or your accessing any materials on the App;

(d) any unauthorised use or interception of any message or information before it reaches the App or our servers from the App;

(e) any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by local law;

(f) any content provided by third parties.

Termination and suspension

Konekt may terminate or suspend your use of the Platform/App with or without notice at any time and without any liability to you. Upon any termination your right to use the App, and any other rights or permissions granted to you in these Platform/App T&Cs, will end and you must stop using the App and delete it from your Device.

If Konekt elects to terminate your account, Konekt will provide you with notice at your registered email address. Konekt also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Konekt will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership in the Services.

Communication and Consent to Receive Emails

The entire communication with us is electronic. Every time you send us an email or visit our Platform, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our Platform, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our wPlatform and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing on intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant [name] non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, and modify such content throughout the world in any media.

User Account

If you are an owner of an account on the Konekt Platform or App, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

Entire Agreement

These Terms constitute the entire agreement between you and Konekt with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability and Assignment

Konekt's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Konekt may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.