Terms of Use

Welcome to Konsign Terms of use

KONSIGN, its website, products and services are all governed by its parent company, Konze Enterprise. Hence, the Terms & Conditions set forth by the parent company (enlisted here: insert Konze T&C link here) are also incorporated into its product KONSIGN, in addition to the following terms and conditions:

1. Definitions

1.1. Terms

It refers to the Terms, i.e., conditions as applicable to the use of a specified service. It may be viewed by clicking on the “Terms of Service” link listed in such Service description. It may also be updated or amended from time-to-time, with or without notice.

1.2. Services

It includes functions of an electronic nature provided on or through our Platform and delivered to the User through a technology infrastructure with minimal or no human intervention. It includes Services along with its components, and Updates, as may be provided by KONSIGN at any time in its sole discretion. KONSIGN provides access to services based on the plan the User subscribes to.

1.3. Updates

It shall include bug fixes, new features, corrections added or removed from our Platform and Services, but shall not include any product that KONSIGN sells or markets separately.

1.4. Platform

It means our official website www.konsign.com and any other software owned by the company which may allow Users to utilize and/or give access to our Services.

1.5. User

Any Visitor (who accesses the Platform but does not register), Registered User (who signs up for an account with KONSIGN), Subscriber (A Registered User who purchases a subscription plan) or any other person, albeit unregistered on our platform but who utilizes the Services in the event of signing a document through KONSIGN, will be referred to as the authorized “User” (“Consumer”, “You”) of our Services. The term shall also include an existing User’s affiliates and/or representatives registered on our Platform.

1.6. Company

It includes any other company or companies, including subsidiary companies & affiliates (“we”, “us”, “our”) of KONSIGN.

1.7. Content

It consists of any information, data, text, files, User profiles, software, graphics, analytics, and other interactive features generated, provided, or otherwise made accessible, without limitation, or provided either by you or inputted by us or our partners or sponsors on or through the Platform.

1.8. Agreement

For the purposes of these Terms of Service, Agreement refers to every agreement & document referenced herein (including the Privacy Policy), between the User & KONSIGN with respect to your access & use of our Services. It supersedes all previous understandings, whether written or oral and prevails over any conflicting terms contained in any documents, communications or discussions.

2. Acceptance of Terms

By accessing our website. i.e., https://konsign.com, all Users agree to be bound by the terms of service contained herein, all operating laws and regulations, policies (including without limitation, KONSIGN’s Privacy Policy) and you take full responsibility for compliance with applicable local laws. In case you disagree with any or all of these terms, you will be prohibited from using or accessing this site. Everything contained on this website is protected by applicable copyright and trademark law.

3. Usage

3.1. Reservation of Rights/Ownership

KONSIGN enables the facilitation & execution of electronic transactions between parties by finalizing agreements through e-Signatures and enables Digital Transaction Management System. “Digital Transaction Management System” refers to an on-demand electronic signature service which provides an online display, secure delivery, certified acknowledgement & storage services for e-Documents using Cloud Services via the Internet.

All information, content, text, graphics, design, compilation and arrangement of elements, organization, software, and other Content on our Platform are the property of KONSIGN or its licensors.

Our Services are protected by applicable worldwide intellectual property laws. In this context and through our Terms you acknowledge that both our Content & Services are protected by copyright, patent, trademark, or other intellectual property rights.

KONSIGN reserves all the right, title & interest in and to the Services without limitation. No rights are provided to you otherwise than by explicit written consent. Unauthorized use & access of materials from this site may violate copyright, trademark and privacy laws.

Please note that our Services are not designed for people below the age of 18 (“minors”). We do not knowingly ask or collect information from minors. Any such information unknowingly used will be deleted from our Platform.

3.2. Access To Use Our Services

Subject to your compliance with the Terms:-

You are granted a limited, non-transferable, non-exclusive, revocable right to use and access our services;

You agree not to reproduce, distribute, create derivative works from, publicly perform or display, sell or re-sell any content, software, products and/or services received by you though KONSIGN without explicit prior consent & written permission of KONSIGN.

The Terms or your access and use of our Services do not transfer, to you and/or a third party, any rights, title and/or interest to any Intellectual Property Rights.

3.3 Responsibility For Content

Between KONSIGN and the Customer:-

The customer has exclusive control over the content, its quality & format.
KONSIGN will not retain any right, interest & title in the Content uploaded by you. We may provide links to publicly available Content to use with the Services but will not take any responsibility in any manner for such publicly available content.
If you are an administrator for your account, then you are responsible for the Content and activities of your users.
E-Documents stored by you on our system are maintained in an encrypted form & KONSIGN has no control or access to the same.

Subject to the above, you shall be prohibited from using our services in the following circumstances:-

Explicitly violating or attempting to violate the integrity or security of any Content as made available by KONSIGN;

Intentionally submitting any incomplete, false or inaccurate information;

Duplicating or copying in any manner any of our Content or other information available;

Disabling any digital rights management, usage rules, or any other security features.

4. Limitations

The customer must agree and acknowledge the following:-

In the facilitation and execution of electronic transactions and finalization of agreements, KONSIGN is not to be interpreted as a party involved in the said electronic transaction. Further, KONSIGN makes no representation or warranty concerning the transaction sought to be affected by any document processed using our services.

that are subjected to an exception to any applicable electronic signature laws; 
Subjected to any specific agency’s statutory or administrative Law; and 
whether it can be legally finalized using electronic signatures;

KONSIGN is not accountable for determining the period for which any contract, document, agreement and other records are to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, KONSIGN is not responsible for providing customer’s e-Documents to third parties;

Certain consumer protection laws or regulations which may mandate special requirements with respect to electronic transactions involving one or more “consumers,” such as (amongst others) the consumer must consent to the manner of contracting and/or the consumer must receive a physical copy, or access to a copy of the agreement in other non-electronic forms. In the context of the aforesaid, KONSIGN is not accountable for: - 

ascertains whether any particular transaction involves such a “consumer;”
Obtain any such consents from consumers or determine if any such consents have already been withdrawn; 
Provide any information or disclosures to obtain any such consents;
Provide legal review of, or edit, update or correct any information or disclosures currently or previously given;
provides copies or such access, except as expressly provided in the Documentation for all transactions.

5. Electronic Signature Legal Complian3y

Our Services are compliant with all the major e-Signature laws around the world.

Australia: According to part 10 of the Electronic Transactions Act of Australia, electronic signatures is considered to be legally enforceable.

India: The Information Technology Act, 2000 is currently the main source of Law governing the validity of e-signatures in India.

US: On 1st October 2000 the U.S. made e-signatures inclusive with the Electronic Signatures in Global and National Commerce Act (“E-Signature Act”).

European Union (EU): December 1999 marked the establishment of a common framework for electronic signatures in the EU with the 1999/93/EC Directive on Electronic Signatures.

UK: E-signatures are legally permissible in the UK after the Electronic Communications Act 2000 which adopts certain provisions of the EU’s Electronic Commerce Directive.

6. Scope Of Use

6.1. Accounts

You may create an Account with us by signing up. Creating an Account shall amount to:-

Your clear indication of agreeing to the Terms of Service.
Your consent to providing contact information for identity verification purposes.
Your consent to providing any other such authentic information as required for the registration process.

KONSIGN provides Services for a charge (“Paid Services”). For such Paid Services, you will mandatorily need to create an account on our Platform. For the same, an email address and a password must be provided. You may not share the details of your account with anyone else and keep your password confidential. In case you feel like your account has been compromised, you must contact our support team administrator at the earliest for immediate action.

In certain cases, an account may also be assigned to you by your Employer or Team Leader or any other person authorized to do so as an account admin.

6.2. Payment

KONSIGN offers a host of plans, customizable as per the User’s requirements. Each plan shall give you different features to work with as per your convenience and ease-of-access. Once you sign up for a plan, you agree to take full responsibility to pay for the fees charged under the said chosen plan.

You may purchase a monthly or an annual plan. For such recurring access to our Services, you agree to provide KONSIGN with your Credit or Debit Card details or details of any other mode of bank transfers or authorise other such automatic electronic payment mode (“e-Payment Account”). In addition to the above, you authorize KONSIGN for charging such e-Payment Account for recurring payments. Such recurring payments may be carried out in the same manner as the initial/first payment. The conditions of the recurring payment shall be agreed upon between KONSIGN and the user. All fees, expenses, charges & taxes due hereunder shall be payable in Australian Dollar (AUD). All dues must be paid in full without any deduction, withholding, set-off or counterclaim of any kind unless permissible under law.

Furthermore, you agree that KONSIGN may change its fees from time to time under its sole discretion. KONSIGN shall inform Users about such changes by posting notice of the same on its Platform.

6.3. Billing & Invoice

For monthly plan billings, KONSIGN enables a month-to-month access to our Services. Monthly plans are renewed every month on the day you originally signed up with us. For annual plan billings, you are provided with year-to-year access at a relatively lower rate & substantial savings in comparison to the monthly plan. Annual plans too shall be renewed every year on the date you originally signed up with us.

If you are invoiced by KONSIGN, either monthly/annually, you agree to pay the billed amount before the expiry date. All fees are payable in Australian Dollar (AUD) and are non-refundable. In case the payment is not received within the stipulated time from when the fees become due, KONSIGN reserves the right to, without any liability to you, disable your access to your KONSIGN Account

Users also realize their duty to submit correct & accurate billing address and contact information for maintaining transparency.

In case payment dates fall on a holiday or the weekend you acknowledge and understand that the payment will be automated on the next working day.

6.4. Cancellation Policy

In case you choose to cancel your subscription on your own accord, you will be billed for the current billing cycle & your account will not be renewed again. However, you cannot claim any partial refund. Your account will continue to be in the same plan till your subscription expires. No additional charges will be made for cancellation. Keeping in mind the fairness to all involved, no exceptions will be made.

6.5. Additional Terms for KonSign Services

KONSIGN’s “Digital Transaction Management System” refers to an on-demand electronic signature service which provides an online display, secure delivery, certified acknowledgement & storage services for e-Documents using Cloud Services via the Internet.

With regards to the same, you understand, acknowledge & agree to the following:-

Storage: User may store e-Documents on our Platform as per the Subscription Plan chosen by them. Any User may, through the Account Administrator, choose to save any e-Document, stored on our Platform, for storage outside the system at any time during their subscription. However, KONSIGN may pose limits on usage in order to prevent abusive or burdensome use of KONSIGN’s Services.

Drafts: KONSIGN may, at its sole discretion, delete uncompleted documents & drafts from its system, with or without prior notice, and immediately upon the expiration of the User’s subscription term. KONSIGN assumes no responsibility or liability for the inability of any authorized party to e-sign any such documents in the interim.

Sending: Users may send e-Documents, at will, for signing to as many authorized parties as their subscription plan may dictate. There is no limitation on the number of the recipients.

Retention: KONSIGN will always retain your data for future references.

6.6 Comments Functionality

“Comments” on KONSIGN refers to online text messages included within the e-Documents, to facilitate communication between respective parties, which Users may input, access, retain & share with or receive from authorized parties via KONSIGN. “Comments Functionality” refers to the use of the Comments for the facilitation of such communication. Such “Comments Functionality” shall form part of KONSIGN’s “Services”.

With regards to the same, you understand, acknowledge & agree to the following:-

It is entirely the Customer’s responsibility for registering and maintaining a KONSIGN Account with Comments Functionality in order to facilitate communication;

Between KONSIGN and Customer, Customer is solely responsible for compliance with all local laws applicable to the content, communications, and use of KONSIGN Comments and Comments Functionality, including assigned Signers & other Authorized Users;

Customer acknowledges & warrants it will use and permit further use of KONSIGN Comments solely for lawful purposes and in accordance with the Terms;

Comments are stored within e-Documents, therefore, KONSIGN is unable to view such content or provide copies of the same to any other Customer or any third parties;

All other Terms as stated here shall also apply to KONSIGN Comments as part of KONSIGN’s Services.

7. Termination

In case of the following:

Breach of conditions as mentioned in our Terms by you;
Non-receipt of payment;
Where KONSIGN is unable to authenticate any information provided to it by you;
Where KONSIGN has a reasonable ground to believe that any illegal or fraudulent activity has been carried on by you;

The company reserves the right to remove any content, suspend or terminate your access to our Platform indefinitely. However, KONSIGN may take reasonable steps to notify the User to any such suspension unless:

It is prohibited from doing so under applicable laws or due to any legal process; or
It is necessary to delay such notice so as to prevent any harm to KONSIGN, its licensors, affiliates or any third party.

In case the official notice is delayed, KONSIGN will provide the notice if and when the restrictions mentioned above no longer apply.

8. Privacy

Our Privacy Policy and Cookies Policy are incorporated into these Terms & Conditions. Please read our policies carefully to know your privacy rights & to understand how KONSIGN collects, uses, protects, shares & retains the information obtained from you to execute the Services securely.

9. Limited Liability

In no event shall konsign, its employees, directors, partners and/or licensors be liable to you and/or any third party for any incidental, special, indirect, punitive and/or consequential damages whatsoever, including those resulting due to loss of data and/or profits, whether foreseeable or not, whether in contract, warranty, strict liability, and/or any other legal or equitable theory, even if konsign has been acquainted or advised of the possibility of such damages in advance. the foregoing shall apply despite any negligence, misconduct, errors and/or omissions by konsign its employees, representatives and/or agents. because some states do not allow the exclusion and/or limitation of liability for consequential and/or incidental damages, in such states, konsign’s liability is limited to the maximum extent permitted by law.

10. Disclaimer

Your use of the konsign service and its content is at your own risk. the service and its content each are provided on an "as is" basis. to the extent as permitted by any applicable law, we and our licensors expressly disclaim all warranties of any kind, both expressed or implied. we do not warrant the correctness, legality, comprehensiveness, or accuracy of the service or content or warrant that the service will remain uninterrupted or error-free. you obtain or access any material through our services at your own discretion and risk. you will be solely responsible for any harm or damage to your computer or for any loss of data once downloaded to your system. however, we shall be responsible to protect your data on the our platform. no information or advice, oral or written, obtained by you from our platform or services will create any explicit warranty unless already expressly stated in these terms.

11. Updates & Communications

We may update, modify, amend or revise the Terms and other rules, regulations, policies and/or procedures from time to time, with or without notice. It is the responsibility of the User to read and review the Terms frequently to keep themselves informed about the changes. Post such changes the then-Terms shall supersede all the previous versions. The user shall agree to be bound by the revised terms and KONSIGN shall not be liable to the user or any third party for any modification of the Terms.

Users may access our email-based online support to resolve their queries or obtain clarifications with respect to our Terms of Service. You may write to us at info@konze.com.au. KONSIGN shall put its best efforts to resolve any impending issues by responding to your requests at the earliest.

The user agrees to receive any form of communications, agreements and notices that we provide in relating to KONSIGN in an electronic format, such as through e-mail or posting it on the website. The User agrees that any form of such communication satisfies any legal requirement and that the User keeps the contact information updated at all times.

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