NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
The mission of Knowblet Data Sciences is to alleviate the risk of consumer fraud and to reduce the cost of acquisition of new business from the South African consumer markets. Knowblet engineers into knowledge & social networks the data-extracts from global warehouses, CRM systems & Billing systems (data sinks) and recommits these datasets to stronger Authentication, Profiling and Fraud Detection Services. The circle completes with back office integration, before this process, named OpenDia™, continues. Marketing Intelligence, Direct Marketing, Credit Management and Fraud Centers are linked in with Knowblet via our collaboration and workflow tool named KDEServer™, which enables professionals to be more productive and successful. To achieve our Mission, we make services available through our website, mobile applications, and developer platform, to help you.
Scope and Intent.
Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
- DOs and DON'Ts;
- Complaints Regarding Content Posted on the Knowblet Website; and
License and warranty for your submissions to Knowblet.
You own the information you provide Knowblet under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Knowblet a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Knowblet, including but not limited to any user generated content, ideas, concepts, techniques or data to the services, you submit to Knowblet, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Knowblet account, (3) are not a competitor of Knowblet or are not using the Services for reasons that are in competition with Knowblet; (4) will only maintain one Knowblet account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Knowblet, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise transferring your Knowblet account to another party; and (5) refrain from charging anyone for access to any portion of Knowblet, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Knowblet.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to Knowblet storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Premium Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You also acknowledge that KNowblet's Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, notice shall consist of an email from Knowblet to an email address associated with your account, even if we have other contact information. You also agree that Knowblet may communicate with you through your Knowblet account or through other means including email, mobile number, telephone, or delivery services including the SA Postal Service about your Knowblet account or services associated with Knowblet. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
Knowblet may offer the Services through mobile applications created by it or third party developers ("Platform Developers"). If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your Knowblet data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Knowblet account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Knowblet through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Knowblet), view information and use the Services that we provide on Knowblet webpages and in accordance with this Agreement. Any other use of Knowblet contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Knowblet and all related items.
OUR RIGHTS AND OBLIGATIONS.
For as long as Knowblet continues to offer the Services, Knowblet shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Knowlbet as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Knowblet, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Knowblet further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Knowblet to be contrary to this Agreement. For avoidance of doubt, Knowblet has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Knowblet may include links to third party web sites ("Third Party Sites"). Knowblet also enables Platform Developers to create applications ("Platform Applications") that provide features and functionality using data and developer tools made available by Knowblet.
Knowblet is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Knowblet also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an "as-is" basis without any warranty as to the Platform Developer's actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.
Please note: If you allow an Platform Application or Third Party Site to authenticate to or connect with your Knowblet account, that application or website can access information on Knowblet related to you and your connections.
Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Knowblet, our Users or the public.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON KNOWBLET, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR KNOWBLET AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY KNOWBLET OR ANYTHING RELATED TO KNOWBLET, YOU MAY CLOSE YOUR KNOWBLET ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
KNOWBLET IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF DATA. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
KNOWBLET DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, KNOWBLET DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF DATA.
KNOWBLET DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. KNOWBLET DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, KNOWBLET DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE KNOWBLET SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Knowblet nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors ("Knowblet Affiliates") shall be liable for (a) any damages in excess of the most recent monthly fee that you paid for a Premium Service, if any, or ZAR 700, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Knowblet. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Knowblet may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
- Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to Knowblet. This notice will be effective upon Knowblet processing your notice. Knowblet may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Knowblet or the party paying for the services may terminate your access to any Premium Services. Termination of your Knowblet account includes disabling your access to Knowblet and may also bar you from any future use of Knowblet.
Misuse of the Services.
Knowblet may restrict, suspend or terminate the account of any User who abuses or misuses the Services.
Effect of Termination.
Upon the termination of your Knowblet account, you lose access to the Services. In addition, Knowblet may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections 3 ("Your Rights") and 4.a-b, and d ("Our Rights and Obligations") hereof.
SOUTH AFRICAN LAW AND ARBITRATION.
Choice of Law.
Except for any Disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with Knowblet arising out of or relating to the Agreement ("Disputes") shall be governed by South African law regardless of your country of origin or where you access Knowblet, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
Agreement to Arbitrate and Pay Attorneys' Fees.
Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the South African Arbitration Association, to be held in Pretoria, Gauteng, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement
Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Notices and Service of Process.
In addition to Section 2.h. ("Notices and Service Messages"), we may notify you via email. You may contact us via email at email@example.com
Or via mail or courier at:Knowblet Pty (Ltd)ATTN: Legal Department314 Muckleneuk StreetNew Muckleneuk, 0181South Africa
Additionally, Knowblet accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Knowblet services, third-party content or third party software.
Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.knowblet.info or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 (Termination).
No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Knowblet Affiliate shall be deemed legally binding on any Knowblet Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Knowblet.
No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than Knowblet that Knowblet owns a 50% or greater interest in ("Affiliate") are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Knowblet for any third party that assumes our rights and obligations under this Agreement.
Knowblet USER "DOS" and "DON'TS."
As a condition to access Knowblet, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts:
Do undertake the following:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by Knowblet concerning the Services; and
- Use the Services in a professional manner.
Don't undertake the following:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Knowblet;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Knowblet (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Knowblet;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Utilize information, content or any data you view on and/or obtain from Knowblet to provide any service that is competitive, in Knowblet's sole discretion, with Knowblet;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Knowblet unless you have entered into a written agreement with Knowblet (this includes, but is not limited to representing yourself as an accredited Knowblet trainer if you have not been certified by Knowblet as such);
- Adapt, modify or create derivative works based on Knowblet or technology underlying the Services, or other Users' content, in whole or part, except as permitted under Knowblet's developer program;
- Rent, lease, loan, trade, sell/re-sell access to Knowblet or any information therein, or the equivalent, in whole or part;
- Deep-link to the Site for any purpose, (i.e. including a link to a Knowblet web page other than Knowblet's home page) unless expressly authorized in writing by Knowblet.
- Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
- Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through Knowblet-sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services;
- Access, via automated or manual means or processes, Knowblet for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of Knowblet's website;
- Attempt to or actually access Knowblet by any means other than through the interfaces provided by Knowblet;
- Attempt to or actually override any security component included in or underlying Knowblet;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or Knowblet personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on Knowblet, including those of both Knowblet and any of its licensors;
- Remove, cover or otherwise obscure any form of advertisement included on Knowblet;
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Knowblet except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Share information of non-Users without their express consent;
- Interfere with or disrupt Knowblet, including but not limited to any servers or networks connected to Knowblet;
- Infringe or use Knowblet's brand, logos and/or trademarks, including, without limitation, using the word "Knowblet" in any business name, email, or URL or including Knowblet's trademarks and logos or as expressly permitted by Knowblet;
COMPLAINTS REGARDING CONTENT POSTED ON THE KNOWBLET WEBSITE.
We built Knowblet to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Knowblet provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures can be found here: Knowblet Copyright Policy.
Knowblet Pty (Ltd), Pretoria, South Afirca, March 24, 2011.