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Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data including but not limited to:
Includes information on how the Service is accessed and used. This may consist of information such as your computer's Internet Protocol address (e.g. IP address), type of browser, version of the browser, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data
On subscribing with us, we ask You to provide payment account details such as name, address and credit card details. Once you provide this information, we store the name and address of the card holder, the card expiry date and the last four digits of the credit card number. Additionally, in order to process future payments quickly, if we have Your approval, we may store your credit card data and other payment information in an encrypted format in the secure servers of our Payment Gateway Service Providers.
Such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We post user testimonials on our website. These testimonials may include names and other Personal Information and we acquire permission from our users prior to posting these on our website. Kondesk is not responsible for the Personal Information users elect to post within their testimonials.
KONZE will have access to third party personal information provided by you as part of using Kondesk Services. This information may include third party names, email addresses, phone numbers and physical addresses and will be used for servicing your requirements and as part and parcel of your use of the Service. We may share this information with other third-parties we engage with in order to offer you personalised services and a quality customer service experience.
We may collect publicly available information about You through third party sources such as search engines. Similarly, we may collect such information about You when you interact with us via social media sites such as Facebook, Twitter or Google+ through comments, posts, questions and other forms of interactions. This is to improve our user engagement and better understand user behaviour. Please be informed that once collected, this information will be retained with us indefinitely, even if You delete it from the social media sites.
We use temporary and permanent cookies to enhance your experience of Kondesk Services. Temporary cookies will be removed from your computer each time you close your browser. Technologies such as: cookies, beacons, tags and scripts are used by KONZE Enterprises Pty Ltd and our partners [such as reseller partners], affiliates, or service providers [such as analytics service providers]. These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We use Local Storage Objects to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs to collect and store information. Various browsers may offer their own management tools for removing LSOs.
We also use other methods to collect data from and about you including through:
You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
We may receive personal data about you from various third parties as set out below but not limited to:
We process your personal information to support the set-up and maintenance of your account, and for providing our services smoothly by enabling collaboration, providing website and mail hosting, as well as data back up and restoring.
On subscribing with us, the financial information provided by you is used to verify your credentials and to complete necessary payment transactions
The data we collect from you is used to better understand the usability of our products and services, supervise and prevent potential problems and overall improve our products and services. It also helps us provide customer support, and to analyse and improve our interactions with you and future customers
Your personal information will also be used to uncover and block counterfeit transactions and other unlawful activities, report spam, and safeguard the rights and interests of Kondesk and its users, third parties and the public
Your personal information will help us analyse trends by monitoring website visitor navigation and activities and understand what consumers are looking for. This helps us to manage our website effectively and improve our marketing strategy accordingly
Your personal data is processed to effectively carry out market research and provide you with personalised advertisements based on your activities and interests to the extent permissible. This will be in accordance with what you will have consented to previously.
Your personal data may also be used to fulfil our legal obligations in accordance with the applicable laws in cooperating with public or government authorities if/when required. Your data will only be shared/disclosed to the extent necessary. This may occur in case of misuse/abuse of our website, services or personal property in order to pursue judicial remedies, proceedings or responses to lawful requests.
Konze may share your personal data for internal business purposes or with external third-parties, to improve the services offered to you and to ensure quality customer service. This helps us to provide you with personalized value-added services. The following are some ways in which we might share your personal information:
We may share your information with Konze or with an of our subsidiaries for storage or data processing purposes. We may also share your information with our business partners and vendors, authorized third parties or contractors to meet service requests or provide transaction information. For example, this might include, financial transactions, managing orders, event registrations, website hosting, pre and post-sale support and delivering customer support.
We may need to share your personal information with our contracted third-party service providers, those providing us services such as finance, IT, hosting and system administration among others.
If we are involved in a merger, restructuring, acquisition or other major corporate change of any kind, we may share your information with the third-party involved. In accordance with related laws, we will use reasonable efforts to inform you of any transferal of personal data to an unaffiliated third-party.
We may share your personal data with legal, government or law enforcement entities if they request for information disclosure in accordance with any applicable law or regulation. This is in order to protect the rights and ensure safety of Konze, its contractors or you, or for any other lawful purposes.
You may choose to opt out of receiving marketing communications such as newsletters and advertisements from us at any point. However, you will continue to receive emails about important any important information related to your account.
Kondesk will also retain Usage Data for internal analysis. Usage Data is retained for a smaller period of time, except when this data is used to reinforce the security or to improve the functionality of our Services, or if we are lawfully obligated to retain this data for lengthier periods.
We adopt industry appropriate data collection, storage and processing practices and security measures, as well as physical security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information and data stored with us. Access to your name and email address is restricted to our employees who need to know such information in connection with providing KONZE Services to you and are bound by confidentiality obligations.
Upon request, we may provide you with information about whether we hold any of your Personal Information. If you wish to correct, update or remove any Personal Information including those from a public forum, directory or testimonial on our site, you may do so either by accessing your user account or by contacting KONZE Customer Support Services at email@example.com. Such changes may take up to 48 hours to take effect. We respond to all enquiries within 30 days.
KONDESK is the CRM system owned and operated by KONZE Enterprise Pty Ltd (“KONZE”). These Terms & Conditions are in addition to the Terms & Conditions available on konze.com.
This document shall be a legally binding electronic contract between You, which includes the company you represent and the company that registered you (collectively "You"), and kondesk.com, which includes its owner and assignees ("Our", "We", "Us", KONZE, or "Kondesk"). The Terms of Service described below govern your use of kondesk.com and its related products and services (collectively, our “Service”).
KONZE reserves the right to update or change the Terms of Service any time without prior notice. Any new feature/s that augments or advances the present Service, such as involving the release of new tools and resources, will be subject to the Terms of Service. Your continued use of the Service after any such changes will constitute your assent to said changes.
KONZE may choose to communicate with you via email regarding your account, news, updates or any other issues related to your account. You will hence automatically subscribe to our mailing lists or newsletters. You may choose to opt out of the subscription at any time
It is your responsibility to maintain the security of your account, username and password. KONZE is not liable for any loss or damage from your failure to conform with safety obligations
You are accountable for all published content and activity under your account (including user generated content) - be it live chat, help desk, phone or social.
Kondesk and its related Services require and active internet connection. It is Your responsibility to provide for and arrange a secure Internet access and pay any service charges linked to such access. If We believe that You are misusing the Service, We may until further notice, interrupt your use of the account and Service and may seek your cooperation to resolve the same
We reserve the right to accept or refuse our Service to a potential client. We solely have the discretion on whether to allow you to register, renew, change plan, or use our services.
You must provide your Company name, business email address, full legal name and any other information required to create an account with us
The Service is available free of charge if You register only up to 5 users on the account. If you wish to register more than 5 users, a trial/demo period will be available for 20 days after which You will be automatically charged a monthly Subscription Fee. This fee will be auto-debited using the payment details provided by You. If You cancel your subscription, you will still have access to our Service till the end of Your trial period.
The Terms of Service apply throughout Your free trial/demo period and during Your subscription to the Service based on the plan you choose.
Conditional upon your compliance with these Terms of Service throughout your period of Subscription, You have regulated, non-exclusive, and revocable right to access and use this Service for Your internal commercial purposes. You are responsible for the activities of any third parties using the Service through your account. You may subscribe to more than one supplementary Service within Kondesk. They may be subject to independent and separate Service Plans based on the Service you purchase
In accessing or using the Websites you agree that you will not:
Unless otherwise stated in the Supplementary terms of an individual Service, excluding Your free trial/demo, all charges related to Your Account (“Subscription Charges”) are owed in full and billed in advance, when You subscribe to any Service. The Subscription Charges are based on the Service Plans You select and are owed in full until Your account is terminated, unless otherwise specified. We will provide You with a receipt for each payment made by You. You may also track your payment history from within the Service.
Subscription charges and the Service Plan prices are subject to change at our discretion. You will be notified of such changes via email. Kondesk shall not be liable to You or any third-party for any modification, price change, suspension, or discontinuance of the Service.
Subscription charges are payable by Your credit card or any other accepted method of payment by setting up automatic debit during account set-up. You hereby consent Us or Our approved agents, as applicable, to bill Your credit card upon Your subscription to the Service (and any renewal thereof). Payments are due on a monthly basis.
Your subscription to the Service will automatically renew for the next term equivalent to the then elapsing term. The Subscription
Charges for each renewal will remain the same for your chosen service plan unless otherwise
You acknowledge and agree that, unless You terminate Your Account according to the Terms set out the in the Suspension and Account Termination section, Your credit card will be charged automatically for the applicable Subscription Charges
We may use a third-party service provider to manage credit card details and other payments; provided that the provider is not permitted to store, retain or use Your payment account information except to process your payments for Us. You must notify Us if there are any changes in Your credit card or other payment account details, by either updating Your Account or by e-mailing Us at firstname.lastname@example.org.
Unless otherwise indicated in these Terms or as part of Your Service Plan, all Subscription Charges are non-refundable. No repayments shall be issued for partial use or non-use of the Service by You.
Unless otherwise indicated, the Subscription Charges exclude any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are accountable for paying the Taxes that would be imposed on You by government authorities. You will receive an invoice form Us for such Taxes if We believe We have a lawful obligation to do so and You agree to pay such Taxes if so invoiced
We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges or an extension in Subscription Term for no extra payments from You, in terms of Service use. Such benefits would be specific to Your Account and the Service identified while offering these benefits. They are not transferrable. The benefits may have an expiry date.
We shall not be liable to You or any other third party for suspension or termination of Your Account or access to and use of the Service, if such suspension or termination is in accordance with these Terms.
We will notify You if the auto-debit for Your Account fails and We do not receive payment towards the Subscription Charges within the due date for Your Account. You will be given seven (7) days to make a payment using Your credit card or any other acceptable payment method as specified on the payment Form. If We do not receive payment within the foregoing time period, in addition to Our rights to other remedies available under law, We may (i) Suspend Your access to and use of the Service until We receive the payment for the Subscription Charges as specified in these Terms (ii) Restrict Your access to premium features of the Service and/or (iii) Terminate Your Account.
In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account and the Service if You are in violation of the Terms; these may include misuse of the Service or a breach of the Terms specified in this document. You will be notified of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of seven (7) days to rectify or cease such activities. If You do not rectify such activities within said period or if We believe that Your breach of these Terms cannot be rectified, Your Account shall be terminated.
Only the individual Account owner can terminate the Account. This individual is solely liable for correctly cancelling Your account. If You pay for Your Account through credit card, You may elect to terminate Your Account at any time by clicking on the ‘Account Settings’ link in the ‘Admin’ page when You log in to Kondesk. You may also terminate Your Account by writing to email@example.com. Account cancelations typically take about 2-3 business days to be processed. Once your account is cancelled, all your account information will be deleted after 20 days. You won't be charged again after your official cancelation date.
We strongly recommend that You export all Your Service Data before You terminate Your Account even if You do not renew Your Subscription after the trial period. In any event, following the termination of Your Account either by You or Us, including the trial period, We will retain Your Service Data for a period of one (1) year after termination, unless otherwise specified.
Throughout Your Subscription term, You may request Us to import data into Your Account. You hereby recognise and acknowledge that We may access and process Your data in connection with offering You support during such migration of data.
If You choose to terminate a lock-in contract before the end of its term, We may charge you an exit fee. Similarly, any technical support You may require for data export after the termination of Your subscription is also chargeable by us at $100-$ 250 per hour.
If You terminate Your Account prior to the end of Your then-effective Subscription Term or We effect such termination, in addition to other amounts You may owe Us, You must immediately make any outstanding payments associated with the remainder of Your Subscription Term, unless waived by Us in writing.
You will not be required to pay this amount in the event You terminate Your subscription or Your Account due to a material breach of these Terms by Us, provided that You provide advance notice of such breach to Us and allow Us not less than thirty (30) days to reasonably rectify such a breach.
KONZE in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other KONZE service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all content in your Account.
You may modify, change or customise Your Service Plan or between two Service plans. However, You acknowledge that downgrading a service plan may lead to loss of content, features or capacity of the Service. We are not liable for this loss. New Subscription charges may also be applicable based of the new/modified Service Plan You choose If you choose to update a plan, the Subscription charges for the existing month will be charged on a pro-rata basis and the following months will be charged according to the new Service plan. If the new Service plan is a downgrade from the previous plan, You will obtain a refund for the existing period in the form of credits; these will be credited to Your Account and will act as an offset for the new Subscription Charges payable for the following months.
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where KONDESK provides Content to You in connection with the Services, including, without limitation, the software, the products and the site, it is "Company Content". Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third-party providers and suppliers) and is protected, without limitation, pursuant to Australian and foreign copyright and other intellectual property laws.
KONZE hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access Company Content available on kondesk for Your personal, non- commercial purposes in accordance with these Terms and any conditions. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Company Content unless We give You explicit permission to do so. Company Content is licensed, and not sold to You. Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Company Content granted to You as described above.
Your access to the Service may be restricted or unavailable (a) during
Additional services such as integrations and applications may be made available to You when You use Kondesk. You have the choice to enable these additional Services and integrate them into Our Service as a part of Your Service plan. These services are directed by their own terms and privacy policies. You therefore acknowledge that we are not responsible for Your use of these Services, and We are not liable for any warranties, loss or damage due to Your choice to integrate, access and use these services. You are responsible for Your reliance on the privacy practices, data security procedures or additional policies of such Services and hence cannot hold us liable in connection to the same. We are also not accountable for the data hosting and data transfer practices of the providers of such Services. You must contact the providers of these Services in relation to any comments, queries, complaints or feedback about such other Services.
Our Privacy and Cookies Policy is incorporated into these Terms & Conditions
Neither KONZE nor any of our directors, officers or employees are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services and/or materials, available through our website. Your sole remedy for dissatisfaction with the services, is to stop using the services or linked third-party websites, as applicable.
In jurisdictions where the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not permitted, our liability will be limited to the greatest extent permitted by law.
You hereby indemnify, defend and hold harmless, KONZE and its officers, directors, or employees from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and in such a case, you agree to fully cooperate as reasonably required with such defences and in asserting any available defences.
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australia law.
These Terms & Conditions are governed by the laws of Victoria, Australia.