Terms of Use
Effective date: 01/06/2019
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Terms of Use
Welcome to Smart Communities™. Please read the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at legal@konektd.net These Terms of Use (the “Terms”) are a binding contract between you and Smart Communities™,”(“Smart Communities™,” “we” and “us”). You must agree to and accept all of the Terms, or you do not have the right to use the Services. The use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect whilst you use and/or are registered with the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy (www.konektd.net/privacy/).Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.konektd.net website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.What about my privacy?
Company takes the privacy of its users very seriously. You must read the Privacy Policy which governs the protection and use of personal information about Users as well as User Content added by Users using the Service. You accept the terms of the Privacy Policy and agree to the use of the personal information about you and contacts added by you in accordance with the Privacy Policy. For the current Company Privacy Policy, please visit [www.konektd.net/privacy/]What are the basics of using the Services?
Accounts
You are required to sign up for an account using your mobile number and select a password. You may also create an account using your log-in credentials for certain third party sites, such as Facebook (such account, a “Third-Party Account”). If you provide your Third-Party Account credentials to us or otherwise sign in to the Services through a Third-Party Account, we’ll create your account by extracting certain personal information, such as your name and email address, and other personal or contact information that your privacy settings on such Third-Party Account permit us to access (collectively, “Third-Party Account Information”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not use a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You agree that you will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.Eligibility
You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).Service Providers, Professionals, Clients and Groups
A user that lists or offers services through the Services is a “Service Provider, Provider or Professional.” A user that uses the service to seek services and/or connect with other users is a “Client or Customer.” The Services permit you to connect and communicate with Providers and Clients that you know and to discover new Providers through the network of Providers and Clients with whom you are connected. If you are a Client, you can mark Providers as a Favourite. Any Client that you connect with as a friend will be able to see your personal endorsement of those Providers selected as Your Favourite.Permitted Uses
You agree to use the Mobile Application (“App”), Products or Services solely for your own purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the App (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site/App Content for the purposes of operating a business that competes with Smart Communities™, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the App to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Smart Communities™ is prohibited. Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services, Violates the security of any computer network, or cracks any passwords or security encryption codes, Attempts, in any manner, to obtain the password, account, or other security information from any other user. You agree that any content you place on the site does not (a) Infringe or violate the intellectual property rights or any other rights of anyone else (including Smart Communities™); (b) Violates any law or regulation; (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable. The App provides the ability for any user identifying the aforementioned content to report the content using the App to the App Administrator for review. Smart Communities™ reserves its right to disable such profiles or content.How do I connect with other users?
If you are a Client we will suggest users you may know via people in your network or if you have logged in via Facebook we may connect you to your friends who are also part of the Smart Communities™ app as well, if you choose to allow us to synchronise your contacts we will connect you to those people in your contacts as your Friends on the App. If you are a Provider, we may use your Contacts to identify any Clients that you may know using the Services and, if such Clients also have you listed in their contacts on their mobile device, will ask such Client if they want to connect with you. Users may also be able to search for Clients and Providers through the Services and send a connection request. The App may also access your contact book from time to time to cross-reference friends and providers you may know in order to improve the quality of suggestions we make. We will not use these contact numbers to contact, advertise, market or provide them to 3rd party service providers without their permission. Your contacts data will not hold stored or used for any purpose beyond what has been described.How do I invite others to use the Services?
We offer you the opportunity to invite your contacts to use the Services. If you choose to invite one or more of your contacts using text messaging (SMS) or another communications application we may suggest content for the message. This message will be sent from the native SMS or chat application on your device. If you choose to send such invitations, you represent to Company that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited. In addition to inviting contacts to use the Service we also provide you the ability to upload the contact details of Professionals/ Providers whose services you wish to promote to your both Smart Communities™ Network and other users of the App. We will immediately inform the Professional/ Provider that you have uploaded their details to promote them and allow them to manage their profile. What communications will I receive in connection with the Services? As part of the Services we provide, you may (if enabled on your device) receive notifications, alerts or other types of messages via text message, email or the messaging functionality provided by the Services (“Alerts”). By registering on the App and providing your cellular phone number you agree to receive communications from Company, you specifically authorize Company to send text messages, notifications or calls to your phone. You are not required to consent to receive text messages or calls as a condition of using the Services.What are my rights when using the App?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Smart Communities’s™) rights. You understand that Smart Communities™ owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content however this does not mean that all the restrictions above don’t apply.User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy [www.konektd.net/privacy/] to the extent they relate to User Submissions that are also your personal information. For all User Submissions, you hereby grant Smart Communities™ a license to translate, modify (for technical purposes, for example making sure your content is viewable on any smartphone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is only a license – your ownership in User Submissions is not affected. If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view (each of the foregoing, a “Public User Submission”), then you grant Smart Communities™ the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Company users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Company’s business for any purpose. In addition, you grant, or permit Smart Communities™ to grant, all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide, provided that when you delete your Company account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Company’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. Finally, you understand and agree that Smart Communities™, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.Publicity
Notwithstanding the foregoing, you agree that Smart Communities™ may identify you or your organization and use your likeness or your User Submissions, including any logos, or photos stored in your Smart Communities™ photo gallery on the Services, on Smart Communities’s™ website and in Smart Communities’s™ marketing materials to identify you or your organization as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on the Services, our website or in any media now or later developed in connection with any marketing, promotion or advertising of Company or the Services.Feedback
We welcome feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (“Feedback”). You can submit Feedback by emailing us at admin@konektd.net or through other means we make available through the Services. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.What if I see something on the Services that infringes my copyright?
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. We have provided facilities in the App to be able to report inappropriate comments, or profiles as well as general feedback via email to our address legal@konektd.net.Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. The Services may contain links or connections to third party websites or services, such as Google Maps etc. that are not owned or controlled by Smart Communities™. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Smart Communities™ is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. Smart Communities™ has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Smart Communities™ will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Smart Communities™ does not endorse, verify, investigate or vouch for any Providers, Clients or other users of the Services. Smart Communities™ is not an employer of any Providers you find or interact with on the Services. Smart Communities™ does not, in any way, supervise, direct or control any Providers or Clients in any manner. The Services may permit users to communicate and interact with other users through the Services. You acknowledge that any communications between you and any other users accomplished through the Services are not confidential or privileged and will not be the subject of any associated confidences or privileges. Although we’re not obligated to monitor communications between users, any such communications may be recorded and reviewed for fraud prevention, risk assessment, and customer support purposes. By using the Services, you agree that we may, in our sole discretion, review, scan, analyze, and store your communications, whether done manually or through automated means. Any issues concerning the conduct of a Client or Providers including, without limitation, the services received by the Client or payment due to the Provider, must be resolved directly by the Client and the Provider. Smart Communities™ will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using the Services, you hereby represent, understand, and expressly agree to hold Smart Communities™ harmless for any claim or controversy that may arise from any disputes between you and any Client, Provider or other user(s) of the Services. If there is a dispute between participants on this site, or between users and any third party, you agree that konektd™ is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release konektd™, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.Will konektd™ ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.Fees Charged by Company
Currently konektd™ is free but we will be continuously adding new features and this may change at a later stage. You will be informed when this happens. Providers are charged a subscription fee as indicated under the Subscription section of the konektd™PRO app. Majority of the app is open to users to experience its functionality however there are additional functions that are paid for. These functions can all be experienced during the initial free subscription period (minimum 1 month) that the user can earn by completing Build Your konektd™ Community tasks on the app. Your agreement for services with konektd™ begins during the initial free subscription period on the konektd™PRO app although you will not be charged for the services. You will not be automatically subscribed to a paid subscription at the end of the this period but will be prompted as to whether you wish to continue using the services at the subscription fee.Refunds and Cancellation
As this is a pre-paid monthly/annual service we have a strict no-refund policy. However, you are entitled to a 7 day cooling off period in terms of the Electronic Communications and Transaction Act 25 of 2002 (“ETCA”) which begins when the agreement with konektd™ starts during the initial free subscription period. Should you not be satisfied with the services you may cancel your subscription during the cooling off period although we will not restrict your access to the services for the remainder of the initial free subscription period. We therefore strongly encourage all users to take advantage of our initial free subscription period which will not only ensure you get the best benefits from our App but that you know if you wish to continue your agreement with konektd™ as a paid subscriber. The subscription fee is a pay-as-you-go monthly/annual fee and can be cancelled at any-time during the month. We don’t provide refunds after the initial free subscription period.Detailed Description of Services
Professionals taking out a konektd™PRO subscription will have access to:- Unlimited job leads
- Access to keywords
- Advertise your services more than 20km away
- Direct chat with customers
- Upload up to 10 pictures per category to the Photo Gallery
- Manage online bookings with customers
Payment options accepted
Payment may be made via Visa or MasterCard.Card acquiring and security
Card transactions will be acquired for konektd™ via Direct Pay(Pty) Ltd who are the approved payment gateway. Direct Pay uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored by konektd™. Customer details will be stored by konektd™ separately from card details which are entered by the client on Direct Pay’s secure site. For more details on Direct Pay refer to www.directpay.online.Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is Mauritius. Transaction currency is South African Rand (ZAR).Customer Service
konektd™ takes responsibility for all aspects relating to the transaction limited to its subscription services including customer service and support for app related services and functionality. All customer service requests will be attended to within 2 working days and can be emailed to admin@konektd.netCompany information
konektd™ and konektd™PRO is run by konektd™ C1/GBL a private company based in Mauritius with registration number 159945. Our office bearers are A Ramphul, N Naidoo, R Ramsurrun.Company contact details
Company Physical Address: St Lawrence Management Limited, 2nd Floor, C&R Court, 49 Labourdonnais Street, Port-Louis, Mauritius Email: legal@konektd.netTelephone: +27712981763Fees Charged by Providers
If you are a Client and elect to engage a Providers to provide you any services, such Providers may charge you fees for such services and you shall be responsible for payment of all such fees. You acknowledge and agree that konektd™ is not responsible for any such fees charged by any Provider.What if I want to stop using konektd™?
You’re free to do that at any time, by contacting us at legal@konektd.net; please refer to our Privacy Policy [www.konektd.net/privacy], as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Company is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Company has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at legal@konektd.net – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.I use konektd™’s Mobile App (“App”) – should I know anything about that?
Subject to your compliance with these Terms, Company grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on any mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Company reserves all rights in and to the App not expressly granted to you under these Terms.Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple App Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service. If you accessed or downloaded the App from any app store or distribution platform (like the Apple App Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:- These Terms are concluded between you and konektd™, and not with App Provider, and that, as between konektd™ and the App Provider, konektd™, is solely responsible for the App.
- App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Company will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the App.
