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Kanecta Limited – Terms of service

Effective as of 27 January 2019

Welcome to Kanecta’s Terms of service agreement. For purposes of this agreement, “site” refers to Kanecta’s website, which can be accessed at https://kanecta.com or through our mobile application. “Service” refers to Kanecta’s services accessed via the site or mobile application, in which users can store, view, find, manage and share information and resources in multiple ways.

The terms “Kanecta”, “we,” “us,” and “our” refer to Kanecta Limited. “You” refers to you or your company/organisation, as a user of our site or our service.

These Terms of Service apply worldwide to both free and paid users of the Kanecta website, web app and mobile applications.

The following Terms of service apply when you view or use the service via our website located at https://kanecta.com or by accessing the service through clicking on the application (the “App”) on your mobile device.

Please review the following terms carefully. By accessing or using the service, you signify your agreement to these Terms of Service. If you do not agree to be bound by these Terms of Service in their entirety, you should not access or use Kanecta.

1. Privacy Policy
Kanecta respects the privacy of its service users. Please refer to Kanecta’s Privacy Policy (found here: [insert Link to Privacy Policy] which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use Kanecta, you signify your agreement to the Privacy Policy as well as these Terms of Service.

2. About Kanecta
Kanecta allows you to store, view, find, manage and share information and resources in multiple ways. This includes, text, images, file attachments and other information.



3. Registration Rules for User Conduct and Kanecta Use
If you register for a Kanecta profile, you will create a personalized account, which includes a unique username and a password to access the service and receive messages from Kanecta. You agree to notify us immediately of any unauthorised use of your password and/or account. We also reserve the right to ask you to provide information to verify your identity if we suspect your account has been hacked or subject to unauthorised use.

Kanecta will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

It is also against the Terms of Service to use Kanecta as a password store for recording any of your passwords. We suggest using specialised software for recording password information.

4. Fees
Fees means the applicable fees set out on our pricing page on the website at [insert link] or as agreed otherwise in writing between you and us.

These fees are payable in advance of one calendar month,starting from from the day you register for a paid plan. The fees will then renew one calendar month later until such time as you decide to change or cancel your account.

GST
If you are in New Zealand the fees automatically include GST (Goods and Services Tax), and you will be given the option to download an invoice.

Fee Changes
We may increase or decrease the fees by giving at least 30 calendar days’ notice. This notice will be sent to the email address supplied when you registered your account. If you do not wish to pay the increased fees, you may terminate these Terms of Service and your right to access and use Kanecta, provided the notice is received by us before the effective date of the fee increase. If you do not terminate these Terms of Service and your right to access and use the service in accordance with this clause, you are deemed to have accepted the increased fees.





5. Use Restrictions
You own the data, files and images you put into Kanecta.

Where we provide the services under contract with an organisation (for example your employer), that organisation controls the data you enter into Kanecta.

Your permission to use the site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will NOT under any circumstances:
• Collect or harvest any personal data of any other user of the site or the service without their permission.
• Use the Kanecta name or logo as your own, including applicable copyrights, trademarks and other proprietary rights.
• Distribute any part or parts of the blogs or articles on the Kanecta site or the service without providing a link to the original blog or article (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices.)
• Attempt to, or harass, abuse or harm another person or group. This includes repeated use of spam content or emails.
• Use Kanecta for any unlawful purpose or for the promotion of illegal activities.
• Use Kanecta to store material that is illegal in New Zealand. This includes but is not limited to fraudulent activities, child pornography, stalking, threatening to harm another person and hate speech based on gender, sexual orientation, race or religion.
• Use another user’s account.
• Intentionally allow another user to access your account.
• Provide false or inaccurate information when registering an account. This includes imitating another person or entity (e.g. a celebrity, business or organisation). Accounts we believe have been created to mislead or deceive will be deleted.
• Interfere or attempt to interfere with the proper functioning of the service.
• Make any automated use of the site, the service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
• Bypass any robot exclusion headers or other measures we take to restrict access to the service, or use any software, technology, or device to scrape, spider, or crawl the service or harvest or manipulate data.
• Circumvent, disable or otherwise interfere with any security-related features of the service or features that prevent or restrict use or copying of content, or enforce limitations on use of the service or the content accessible via the service.
• Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

Data you enter into your Kanecta account will remain confidential and is NOT shared with any parties except with your explicit consent under user permissions you have set yourself. The ONLY exceptions to this are as follows:
• Where a user gives a Kanecta staff member permission to look at their data for the purposes of resolving a support or technical query.
• If the Kanecta team have received a complaint or have reasonable grounds to suspect that any material a user stores in Kanecta is illegal in New Zealand. This includes but is not limited to fraudulent activities, child pornography, stalking, threatening to harm another person and hate speech based on gender, sexual orientation, race or religion.
• If we are required to disclose your personal information by legal subpoena or warrant. We may also disclose your personal information to a regulatory or law enforcement agency, or if we believe it to be necessary to protect the rights, property, or personal safety of Kanecta, its customers or any third party.

We may restrict or suspend your access to and use of the service and/or delete, edit or remove the relevant data if we believe you have breached our Terms of Service.

6. Posting and Conduct Restrictions
When you create your own personalized account, you enter your own content into Kanecta.

You are solely responsible for the user content that you post, upload, link to or otherwise make available via Kanecta.

Where we provide the services under contract with an organisation (for example your employer), that organisation controls the data you enter into Kanecta. You are subject to your own company’s/organisation’s policies regarding acceptable data use.
You agree that we are only acting as a passive conduit for your online distribution and publication of your user content. Kanecta, however, reserves the right to remove any user content from the service at its sole discretion.
7. Public Information
Certain parts of Kanecta’s site are open to any online viewer, such as the “Marketplace” and documents designated as "public." Any information that you post in these locations can be read, collected and used by others. It is up to you to determine whether or not to post personal or otherwise sensitive information to publicly accessible areas of our site. Kanecta is not responsible for any publication or use of any personal information you choose to post in these public locations.

By transmitting and submitting any user content while using the service, you agree as follows:
• You are responsible for your account and the activity that occurs while signed in to or while using your account.
• You will not publicly post information that is malicious, libelous, false or inaccurate.
• You will not publicly post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.
• You will not publicly submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.
• You hereby agree that we have the right to determine whether your public user content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any user content that you make publicly available or access through your use of the service is solely your responsibility. The site is not responsible for any public display or misuse of your user content.

8. Marketplace – Creating Templates – Free Users
If you are a free user or employed by a company/organisation with a free plan, and create a template, you are obligated to share the template with other users in the Marketplace. This DOES NOT include the content populated in the template.

You WILL have the option to share the contents of your template should you want to do so.

You are required to grant the following rights to the site and to users of the service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below.

When you upload templates or shares user content to the Marketplace:
You grant Kanecta a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the provision of the service. You grant to each user of the service, a worldwide, non-exclusive, royalty-free license to access that content through the service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content.

9. Marketplace – Creating Templates – Paid Users
If you are a paid user or or employed by a company/organisation with a paid plan, and create a template, you are NOT obligated to share the template with others users in the marketplace.

You WILL have the option to share your template and the contents of your template should you want to do so.

You are required to grant the following rights to the site and to users of the service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below.

When you upload Templates or shares user content to the Marketplace:
You grant to Kanecta a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the provision of the service. You grant to each user of the service, a worldwide, non-exclusive, royalty-free license to access that content through the service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content.

10. License Grant
By posting any user content via the Marketplace, you expressly grant, and you represent and warrant that you have a right to grant, to Kanecta a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such user content. This includes your name, voice, and/or likeness as contained in your user content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the service.

11. Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.

12. Online Content Disclaimer
Marketplace templates, content, opinions, advice, statements, offers, or other information or content made available through the Kanecta site or service, but not directly by the site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the site or the service made by other parties. Nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statements made by other parties. We take no responsibility and assume no liability for any user content that you or any other user or third party posts or sends via the service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the service, or transmitted to users.

Though we strive to enforce these Terms of Service, you may be exposed to user content that is inaccurate or objectionable when you use or access Kanecta. We reserve the right to monitor the materials posted in the public areas of Kanecta or to limit or deny a user’s access to the service or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.

If you become aware of a misuse of Kanecta violation of these Terms of Service, please contact team (at) Kanecta (dot) com

E-mails sent between you and other Kanecta members using your Kanecta account or material that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
13. Links to Other Sites and/or Materials
As part of Kanecta you maybe provided with convenient links to third party website(s) (“third party sites”) as well as content or items belonging to or originating from third parties (“Third Party Applications, Software or Content”). These links are provided as a courtesy to service to you. We have no control over third party sites or third party applications, software, content or the promotions, materials, information, goods or services available on these third party sites. We are not responsible for these third party offerings, including accuracy, appropriateness, completeness, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party applications, software or content.

If you decide to leave Kanecta and access the third party sites or to use or install any third party applications, software or content, you do so at your own risk, and you should be aware that our terms and policies, including these Terms of Service, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate, or any applications you use or install from a third party site.

14. Feedback
You acknowledge that when you provide us with feedback or comments through our website all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and we may use or disclose the feedback for any purpose.

You acknowledge that when you provide us with feedback or comments through our site that we may use these comments in future advertising/and or promotions. We will not use your name and/or company/organisation details without your expressed permission.

You also grant Kanecta the discretion to remove any comments or feedback in public forums.

15. User Consent to Receive Communication in Electronic Form
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

If you have given us your email for purposes of communication or promotion, we will use your email to contact you or send Kanecta product announcements, software updates or emails relating to your interests. You may revoke your consent to being contacted by email for promotional purposes at any time, by clicking on an unsubscribe link or replying directly stating you wish to unsubscribe.
Opting out may prevent you from receiving messages regarding the site, the service or special offers.

16. Email May NOT Be Used to Provide Notice
Communications made through the service’s email and messaging system will not constitute legal notice to the site, the service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation. For example, if you want to cancel your account you must follow the instructions on the site or app and cannot send an email to cancel.

17. Termination and Suspension
Your right to access and use the service starts on the day you register an account and continues until a party gives notice that they want to terminate these Terms of Service. These Terms of Service and your access to and use of the service will terminate on the day before the date your next fee payment was to occur.

As fees are paid in advance, you are not entitled to a refund for any fees you have already paid for the remainder of the 30 days.

As a free or paid user you may decide to cancel your Kanecta membership at any time and/or delete information and material you have entered in Kanecta. When you cancel your account, you have the option to download your Kanecta data in a downloadable format.

We may immediately terminate these Terms Of Service and your right to access and use Kanecta if you breach any material provisions set our in Clause 4 (Use Restrictions.) If this occurs you are not entitled to a refund for any fees you have already paid for the remainder of the 30 days.

At any time prior to one month after the date of termination, you may request a copy of any remaining data stored in Kanecta. On receipt of that request, we will provide a copy of the data in a downloadable format.

Data entered in free accounts will be deleted if the user has not logged into the account for one calendar year.

18. Technical and Organisational Data Protection
Kanecta is committed to protecting your information, and implements commercially reasonable technical and organisational measures to protect your personal data against abuse and loss.

We do the following to make sure your information is secure:
• Your password is protected by encryption and only you have access to it.
• Your personal information and data stored in our systems is protected by various physical, electronic and procedural safeguards. Our service uses standard SSL encryption to protect data transmissions. SSL encryption is a technology used by thousands of leading online services such as banks, email providers and remote backup services.
• Your data is encrypted in all backups we create.
• Our employees do not monitor your personal information or content stored on the Kanecta platform. We provide training to our employees on data protection best practice and require them to enter into a confidentiality agreement.

While we use all reasonable efforts to protect your personal information, we cannot guarantee the absolute 100% security of your data submitted through our site or mobile application.

If we learn of a security system breach we may attempt to notify you and provide information on protective steps, if available, through the email address that you supplied during registration or by posting a notice on our website.
19. Choice of Law Provision
These Terms of Service are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the Courts of New Zealand, and agree that any disputes or legal action related to these Terms of Service must be brought solely and exclusively before a court in Wellington, New Zealand. Liability is limited to the monetary amount you have paid for Kanecta services over the last 12 calendar months immediately preceding your dispute.
20. Limitation of Damages
IN NO EVENT SHALL KANECTA LIMITED, THE SITE, THE SERVICE, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE KANECTA; (C) SECURITY SYSTEMS FAILURES; (D) THE AVAILABILITY OFTHE SOFTWARE OR SYSTEMS THAT MAKE KANECTA AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

21. Modification of Terms of Service
These Terms of Service may be updated from time to time. We will revise and display the effective date at the top of the web page. You should periodically review it to keep informed of updates to our plans and procedures. Your continued use of the Kanecta services constitutes your agreement to the Terms of Service and any updates.

We will endeavor to notify you of material changes to the Terms of Service by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.

22. General Terms
If any part of this Terms of Service agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

Kanecta Business Account
If you register a free or paid business account on behalf of a business or organisation, you must have obtained the necessary authorisations and consents and hold authority to sign (electronically or in writing) agreements on behalf of the applicable company/organisation. You also agree that you have the necessary permissions from your business or organisation to use, store and input data into Kanecta.

If you register and/or use a Kanecta account on behalf of a business or organisation you confirm that you are authorised to, and do in fact, agree to these Term of Service on that Company/organisation’s behalf and that, by agreeing to these Terms on that company/organisation’s’ behalf, that company/organisation is bound by these Terms of Service. You acknowledge that you have read and agreed to these Terms of Service in accordance with the statement below.

Kanecta Individual Account
If you register and use Kanecta as an individual user with either a free or paid account, you acknowledge that you have read and agreed to these Terms of Service in accordance with the statement below.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS OF SERVICE. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY AT [INSERT LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US.

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Please read the policy carefully and contact us with any questions or concerns.

Please feel free to direct such requests team (at) Kanecta (dot) com

Kanecta would like to thank Upcounsel and Simonds Stewart for providing the templates on which these Terms of Service are based.