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KONKOIT

TERMS AND CONDITIONS

  1. By accessing or using the Konkoit website or mobile applications, you agree to the Terms and Conditions and privacy practices as outlined here.  This is an agreement between you and The Internet Birding Network Pty Ltd trading as Konkoit. 
     
  2. If you are under age 13, please do not register with Konkoit or provide any personal information about yourself to us.  
     
  3. We may retain the details of transactions or payments you make on Konkoit.  
     
  4. We keep track of some of your activity on Konkoit, such as recording sightings, following birds and other users, uploading information or media such as   photographs, video and sounds.  You are also active when you provide information or content to us. For example, if you upload a photograph, in addition to storing the actual content you uploaded, we record information such as the sighting,  location or bird specie that you linked the photograph to.
     
  5. When you access Konkoit from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address and the pages you visit.
     
  6. Please note that by recording your bird sightings on Konkoit, your physical location at a specific date and time will be recorded and linked to your Konkoit Username.  Your Username, which is visible to all users on Konkoit should be chosen bearing this in mind.
     
  7. When you click on links on Konkoit you may leave our site. We are not responsible for the privacy or other practices of other sites.
     
  8. We use the information we collect to provide our services and features to you, to measure and improve these and to provide you with support. We use the information to prevent potentially illegal activities, and to enforce our Terms and Conditions.
     
  9. We may contact you with service-related communication from time to time.  We may include content you see on Konkoit in the emails we send to you.
     
  10. We don’t share your identifiable information with advertisers without your consent.

    • We share your information with third parties when we believe the sharing is permitted by you, reasonable, or when legally required to do so. For example:
       
    • When you make a payment. When you make payments on Konkoit, we will share transaction information with only those third parties necessary to complete the transaction. 
       
    • When you invite a friend to join Konkoit. When you ask us to invite a friend to join Konkoit, we will send your friend a message on your behalf using your name.  We may also send reminders to them in your name.
       
    • To give search engines access to information that is publicly available.
       
    • To help improve and promote our service. We could share aggregated information with third parties to help improve and promote our service.
       
    • To provide you with services.  For example, we may use third parties to help host our website, send out email updates about Konkoit, process payments, or provide search results or links.
       
    • To respond to legal requests and prevent harm.  This may include sharing information with other companies, lawyers, courts or government entities.
     
  11. Transfer in the Event of a Sale or a Change of Control. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the service can continue to operate.
     
  12. You may change or remove your profile information at any time by going to your profile page. 
     
  13. Even after you remove information from your profile, copies of that information may remain visible elsewhere.  Removed and deleted information may persist in backup copies.
     
  14. Please be aware that no security measures are perfect or impenetrable and we cannot control the actions of others with whom you share your information. We cannot guarantee that only authorised persons will view your information and we cannot ensure that information you share on Konkoit will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on Konkoit.
     
  15. You should report any security violations to us.
     
  16. By using Konkoit, you consent to having your personal data transferred to and processed in the Republic of South Africa.
     
  17. You own the Intellectual Property (such as photographs, video and sound recordings) content and information that you load onto Konkoit.
     
  18. Intellectual Property excludes information of or contained in any bird sighting that you may record and load onto Konkoit.
     
  19. For content that is covered by intellectual property rights (such as photographs, video and sound recordings), you give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content that you load onto Konkoit.  This permission ends when you delete the intellectual property content from your account unless the content is already used elsewhere by Konkoit.
     
  20. When you delete intellectual property content, you should understand that removed content may persist in backup copies for a reasonable period of time. 
     
  21. We appreciate your feedback or other suggestions about Konkoit, but you understand that we may use them without any obligation to compensate you for them.
     
  22. Konkoit may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be guilty of repeated infringements.   If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us.
     
  23. You will not upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party and you will not upload, post, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships
     
  24. You will not send or otherwise post unauthorised commercial communications (such as spam) on Konkoit
     
  25. You will not collect users' content or information, or otherwise access Konkoit, using automated means without our permission.
     
  26. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Konkoit
     
  27. You will not upload viruses or other malicious code.
     
  28. You will not solicit login information or access an account belonging to someone else.
     
  29. You will not bully, intimidate, or harass any user.
     
  30. You will not post content that is hateful, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
     
  31. You will not offer any contests or promotions on Konkoit without our prior written consent. If we consent, you take full responsibility for the promotion.
     
  32. You will not use Konkoit to do anything unlawful, misleading, malicious, or discriminatory.
     
  33. You will not do anything that could disable, overburden, or impair the proper working of Konkoit, such as a denial of service attack.
     
  34. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
     
  35. You will not facilitate or encourage any violations of these Terms and Conditions.
     
  36. You will not provide any false personal information on Konkoit, or create an account for anyone other than yourself without permission.
     
  37. If we disable your account or profile, you will not create another one without our permission.
     
  38. You will not use your personal profile for your own commercial gain.
     
  39. You will not use Konkoit if you are under the age of 13.
     
  40. You will keep your contact information accurate and up-to-date.
     
  41. You will not share your password or let anyone else access your account, or do anything else that might impair the security of your account.
     
  42. You will not transfer your account
     
  43. As you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate.
     
  44. You will not post content or take any action on Konkoit that infringes or violates someone else's rights or otherwise violates the law.
     
  45. We can remove any content or information you post on Konkoit if we believe that it violates these Terms and Conditions. 
     
  46. If you repeatedly infringe other people's rights, we will disable your account when appropriate.
     
  47. You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
     
  48. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
     
  49. In the event you change or deactivate your mobile telephone number, you will update your account information on Konkoit within 72 hours to ensure that any messages are not sent to the person who acquires your old number.
     
  50. If you make a payment on Konkoit, you agree to our payments terms.
     
  51. When you confirm a transaction on Konkoit, you agree to be bound by and pay for that transaction.
     
  52. All sales are final.
     
  53. We make no warranties of any kind, express or implied, with respect to any products or services sold on or through Konkoit.
     
  54. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorise us to collect and store it, along with other related transaction information.
     
  55. When you make a payment, you authorise us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.
     
  56. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
     
  57. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
     
  58. We may cancel any transaction if we believe the transaction violates our Terms and Conditions or we believe doing so may prevent financial loss.
     
  59. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
     
  60. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
     
  61. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted.
     
  62. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
     
  63. The payment terms in place at the time you confirm a transaction will govern that transaction.
     
  64. We may change these payment terms and Terms and Conditions, in whole or in part.
     
  65. If you are under the age of 18, you may make payments only with the involvement of a parent or guardian.
     
  66. We do not give your content or information to advertisers without your consent.
     
  67. You understand that we may not always identify paid services and communications as such.
     
  68. We can change these Terms and Conditions in whole or in part by providing you notice.
     
  69. If you violate the letter or spirit of these Terms and Conditions, we can stop providing all or part of Konkoit to you. We will notify you by email or at the next time you attempt to access your account.
     
  70. You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms and Conditions in a court of the Republic of South Africa.  The laws of the Republic of South Africa will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts of the Republic of South Africa for the purpose of litigating all such claims.
     
  71. If anyone brings a claim against us related to your actions, content or information on Konkoit, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including legal fees and costs) related to such claim.
     
  72. We try to keep Konkoit safe but you use it at your own risk.  We are providing Konkoit as is without any express or implied warranties.  We do not guarantee that Konkoit will be safe or secure.
     
  73. Konkoit is not responsible for the actions, content, information, or data of third parties and you release us from any claims you have against any such third parties.
     
  74. You expressly understand and agree that Konkoit and its officers and employees make no warranty that 

    1. The Konkoit services or software will meet your requirements
       
    2. The Konkoit services or software will be uninterrupted, timely, secure or error-free
       
    3. The results obtained from the Konkoit services or software will be accurate or reliable
       
    4. The quality of any products, services, information or other material purchased or obtained by you through the Konkoit services or software will meet your expectations
       
    5. Any errors in software will be corrected. 
       
  75. You expressly understand and agree that any material downloaded or otherwise obtained through the use of the Konkoit services or software is accesses at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, mobile phone or loss of data that result from the download of any such material. 
     
  76. You expressly understand and agree that no advice or information, whether oral or written, obtained by you from Konkoit shall create any additional warranty not expressly stated in these Terms and Conditions.
     
  77. This Statement makes up the entire agreement between the parties regarding Konkoit, and supersedes any prior agreements.
     
  78. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.  If we fail to enforce any of this Statement, it will not be considered a waiver.
     
  79. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.  All of our rights and obligations under this Statement are freely assignable by us.
     
  80. Nothing in this Statement shall prevent us from complying with the law. You will comply with all applicable laws when using or accessing Konkoit.
     
  81. This Statement does not confer any third party beneficiary rights.
     
  82. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Konkoit services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
     
  83. Any section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.