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Terms of service

Welcome to our website, offered by Konec Healthcare PTY LTD. (‘Konec Healthcare’, ‘we’, or ‘us’). This page explains the terms by which you may use our website (collectively the ‘Site’). By accessing or using the Site, you signify that you have read, understood, and agreed to be bound by this Terms of Service Agreement (‘Agreement’) and to the collection and use of your information as set forth in the Konec Healthcare Privacy Policy (https://www.konechealthcare.com.au/policies/privacy-policy), whether or not you are a registered user of our Site. Konec Healthcare reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Site (‘Users’).

 

Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

 

Use of our site

The Site is a place where you can learn more about us and our personal mobility products, including where to buy our products. While our products are sold pursuant to separate terms and conditions, you can review our Warranty Policy at https://www.konechealthcare.com.au/pages/privacy-policy.

This is a contract between you and Konec Healthcare. You must read and agree to these terms before using the Site. If you do not agree, you may not use the Site. You may use the Site only if you can form a binding contract with Konec Healthcare, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under 13 is strictly prohibited and in violation of this Agreement. The Site is not available to any Users previously removed from the Site by Konec Healthcare.

Access of Our Site. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, non-commercial use only and as permitted by the features of the Site. Konec Healthcare reserves all rights not expressly granted herein in the Site and the Konec Healthcare Content (as defined below). Konec Healthcare may terminate this license at any time for any reason or no reason.

Site Rules. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated ‘scraping’; (ii) using any automated system, including without limitation ‘robots,’ ‘spiders,’ ‘offline readers,’ etc., to access the Site in a manner that sends more request messages to the Konec Healthcare servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Konec Healthcare grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from konechealthcare.com.au for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein. Accessing any audio/visual content that may be available on the Site for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Site. ‘Streaming’ means a contemporaneous digital transmission of an audio/visual work via the Internet from the Site to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other Konec Healthcare Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Konec Healthcare shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

Our proprietary rights

The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the ‘Konec Healthcare Content’), and all Intellectual Property Rights related thereto, are the exclusive property of Konec Healthcare and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Konec Healthcare Content. Use of the Konec Healthcare Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

For the purposes of this Agreement, ‘Intellectual Property Rights’ means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (‘Ideas’). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Konec Healthcare under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Konec Healthcare does not waive any rights to use similar or related ideas previously known to Konec Healthcare, or developed by its employees, or obtained from sources other than you.

 

Privacy

We care about the privacy of our Users. You understand that by using the Sites you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy (https://www.konechealthcare.com.au/policies/privacy-policy), and to have your personally identifiable information collected, used, transferred to and processed in Australia.

 

Security

Konec Healthcare cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

Third-party links and information

The Site may contain links to third-party materials that are not owned or controlled by Konec Healthcare. Konec Healthcare does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Site on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Konec Healthcare’s Privacy Policy do not apply to your use of such sites. You expressly relieve Konec Healthcare from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Konec Healthcare shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

 

Indemnity

You agree to defend, indemnify and hold harmless Konec Healthcare and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your wilful misconduct; or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.

 

No warranty

The Site is provided on an ‘as is’ and ‘as available’ basis. Use of the Site is at your own risk. To the maximum extent permitted by applicable law, the Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Konec Healthcare or through the Site will create any warranty not expressly stated herein. Without limiting the foregoing, Konec Healthcare, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site.

 

Konec Healthcare does not warrant, endorse, guarantee, or assume responsibility for any product or site advertised or offered by a third party through the Site or any hyperlinked website or site, and Konec Healthcare will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

 

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Konec Healthcare, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Site. Under no circumstances will Konec Healthcare be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your account or the information contained therein.

 

To the maximum extent permitted by applicable law, Konec Healthcare assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Konec Healthcare, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Konec Healthcare hereunder or $100.00, whichever is greater.

 

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Konec Healthcare has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

 

The Site is controlled and operated from facilities in Australia. Konec Healthcare makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in Australia.

 

Governing Law

 

These Terms of Use are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

 

General

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Konec Healthcare without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

Notification Procedures and Changes to the Agreement. Konec Healthcare may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Konec Healthcare in our sole discretion. Konec Healthcare reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Konec Healthcare is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Konec Healthcare may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Site after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Site.

 

Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Konec Healthcare in connection with the Site, shall constitute the entire agreement between you and Konec Healthcare concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

 

No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Konec Healthcare’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

The provider of services is Konec Healthcare Pty Ltd., Suite 5.02, Level 5, 15 Talavera Rd, NSW 2113, Australia, accounts.health@konec.com.au.

Last update: 22.02.2021