Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS AND THE ASSOCIATED PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE OR RECEIVING ANY OF THE COMPANY’S SERVICES, AS DEFINED HEREIN.

Welcome

Welcome to the KonQa Ideas (Proprietary) Limited (the “Company”) terms and conditions of use (the “Terms”) for the konqa.com Website (the “Site”). These Terms apply to and govern your use of the Company’s Web site www.konqa.com (the “Site”) as a passive visitor, as well as the services that the Company provides to participants who sign up with the Company as members (“Members”) (such services to be referred to herein as “Services”). For purposes of these terms and conditions of use, the words “you” and “your” shall refer to any visitor to the Site, as well as any Member, as defined above. Your use of the Site or the Services signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site or receive the Services.

License to Use the Site

The Company grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. Except as expressly provided herein or otherwise allowed by the Company, you may not use the Site or the Services for any commercial purpose.

Changes to Terms and Conditions of Use

The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, or to incorporate service fees for Members, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. If we decide to change our terms and conditions of use, we will post those on our Site. You can determine when these Terms were last revised by referring to the “LAST UPDATED” line at the bottom of these Terms. Your continued use of the Site after any changes to the site will indicate your acceptance of the changes and Terms.

Ownership; Restrictions

The Company owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to South Africa copyright laws, international conventions, and other copyright laws. The Company, and/or its third party providers, are the owners of the copyright in the entire Site. The Company owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these terms and conditions of use, without the express written permission of the Company. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of the Company and its affiliates or the copyright holder identified in the individual Content’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of the Company and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site. This Site also contains trademarks of the Company protected under United States and International Trademarks laws. Use of such marks without the Company’s written permission is strictly prohibited.

Copyright and Trademark Notices

The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Company. All other trademarks not owned by the Company that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

Change to Site or Content

The Company shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including but not limited to Content, features, or hours of availability. The Company may also impose limits on certain features and Services or restrict your access to parts or all of the Site without notice or liability.

Services

Upon a Member’s registration on the Site, the Company will create an online account for the Member containing information provided by the Member (the “Member Account”), which account shall be accessible and modifiable by the Member thereafter at the Site using a password and user name, in accordance with the Privacy Policy. For more information about how the Company collects, maintains and uses Member information, please consult the Privacy Policy.

Third Party End User Licensing Terms

Certain of the products available for purchase from this Site have been supplied by third party vendors and some third party vendors have supplied their own end user license agreement to govern the licensing terms of their product. Your use of any product you have purchased on the Site from a third party vendor that has supplied its own end user license agreement creates a binding agreement between yourself and such third party vendor. In that case, the third party vendor’s terms apply to all aspects of your use of the product you have purchased and the Site terms govern the terms of the purchase itself. Any dispute regarding your use of a product purchased under the terms of a third party’s end user license agreement shall be between you and the third party.

Acceptable Use Policy

As a condition of your use of this Site and the Services, you warrant to the Company that you:

• Will only use this Site and Services for lawful purposes in accordance with these terms and conditions of use;
• Agree and consent to our Privacy Policy;
• Agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of the Company or third parties in connection with your use of the Site;
• Agree to provide us with accurate information, and to update such information in the event that it becomes outdated or inaccurate, as necessary for provision of the Services to Members through our Site, and to take responsibility for the information you provide;
• Will be responsible for creating and maintaining the confidentiality of your user name and password, and for all activity occurring under your password and Member Account;
• Will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Site or the Services;
• Will not harvest, gather or otherwise collect contact information of other users of the Site or Services, for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters;
• Will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly harmful or discourteous language in any e-mail or form entry created through this Site;
• Will not access or attempt to access unauthorized areas of the Site, tamper with other users’ postings, or unreasonably load or burden the Site’s servers.

Members who violate these terms and conditions of use, at the Company’s sole discretion, may have their Member Account suspended or terminated, and may be prohibited from receiving Services thereafter.

Monitoring, Editing and Disclosure of User Material

You agree that the Company has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these Terms and any other operating rules that the Company may establish from time to time. Notwithstanding this right of the Company, The Company does not and cannot review all materials posted to the Site by users, and the Company is not responsible for any such materials posted by users. the Company reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in the Company’s sole discretion, such materials are objectionable or in violation of these terms and conditions of use. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Indemnification

You shall indemnify, defend and hold harmless the Company, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or receipt or use of the Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.

Links to Other Web Sites

The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by the Company or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that the Company or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates. The Company is not responsible for content on or services provided by other Web sites that are linked to or from the Company site, including without limitation the Company’s partners’ Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Disclaimer of Warranties and Damages; Limitation of Liability

THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. THE COMPANY AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE COMPANY’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00.

The Company’s Rights to Materials Provided by Users

Any or all material and information provided by you to the Site, including without limitation the information contained in your Member Account, if any, may be included in a database owned by the Company and its subsidiaries, partners and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the Site, you grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that the Company is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company or any the Company affiliate or subsidiary other than pursuant to these terms and conditions of use. The Company shall not be responsible for the payment of any monies to any party in connection with the Company’s use of Communications submitted by you to the Site.

No Resale/Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site or Services for any commercial purpose.

Termination

You understand and agree that the Company may, in its sole discretion and at any time, terminate your Member Account, if any, and discard and remove any content or information contained therein, for any reason. The Company may also, in its sole discretion and at any time, discontinue any Services, or limit or restrict any user’s access to the Site or the Services, for any reason. You understand and agree that the Company may take any one or more of these actions without prior notice to you, but shall use commercially reasonable efforts to notify you of such termination. You understand and agree that The Company shall not have any liability to you or any other person for any termination of your Member Account or access to Services and/or the removal of such information. Member may terminate its Member Account at any time by sending a request of termination by contacting The Company at the following address: [email protected].

Governing Law and Forum

If you have an existing contractual relationship with the Company, the governing law and forum with respect to any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site will be the law and forum set forth in your existing contract with the Company. If you have more than one existing contract with the Company, the governing law and forum with respect to any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site will be the law and forum set forth in your most recent contract with the Company.

If you do not have an existing contractual relationship with the Company, then you agree to the non-exclusive jurisdiction of South Africa, or an appropriate federal court located in Johannesburg South Africa for any action or proceeding arising out of or related to these Terms, without regard to applicable conflict of law provisions. The United Nations Convention on the International Sale of Goods is specifically excluded from these terms. If you are a citizen of a European Union country, you agree that any disputes arising under or in connection with these Terms shall be governed by and construed in accordance with the laws of England and Wales, without regarding to applicable conflict of law provisions. Miscellaneous These Terms and any Additional Terms contain the entire agreement between you and the Company with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Site. Any failure to enforce any provision of these Terms or such Additional Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such Additional Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such Additional Terms and will not affect the validity and enforceability of any remaining provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the forum hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.copyright.gov/legislation/dmca.pdf for details). Notices and counter notices with respect to the forum should be sent to the Company at:

By Mail:
KonQa Ideas (Proprietary) Limited
Attention: Legal Department
234 Main Avenue
Randburg
South Africa

By Email: [email protected]

No Legal Advice Offered

The content on this Web site is intended to be a general information resource in regard to the subject matter covered. The Company is not a law firm and it does not directly or indirectly practice law or attempt to render or dispense legal services via this Web site. Nothing contained in this Web site is intended to be instruction for legal representation or to establish an attorney-client relationship. Any information provided on this Web site is not guaranteed to be correct, complete or up-do-date. The law changes frequently, is different from jurisdiction to jurisdiction and is also subject to different interpretations from different courts. This Web site is not a substitute for the advice of an attorney.

Notices

Notices to the Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to: KonQa Ideas (Proprietary) Limited
Attention: Legal Department
234 Main Avenue
Randburg
South Africa

Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in the Company’s discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices.

LAST UPDATED: December 21st, 2013