TERMS AND CONDITIONS
Last updated: 2nd August 2021
1. General/ Introduction
Kantabiz mobile application (the "Service") is provided and operated by Kadva Korp, hereinafter referred to as Kantabiz ("us", "we", or "our").
In connection with your use of our Services, we may provide you with access to various content, documents, material, information etc.
These Terms and Conditions ("Terms", "Terms and Conditions") will govern our relationship when you use our services. These terms form a legally binding contract between you and Kantabiz. Hence, please read them carefully before using the Kantabiz mobile application and the services provided by us.
I. Download the Kantabiz Mobile Application and create your account on that,
By accessing or using the Service, you agree that you have been given the opportunity to review these Terms and you acknowledge and agree to be bound by these Terms. If you disagree with any part of the terms, or you do not understand the Terms and need more time to review them, then you may not access the Service.
2. Who can use our Services
These Terms apply to all visitors, users and others who access or use our Service. For accessing or using our Services, you warrant that;
I. You are at least 18 years old;
II. You are legally capable of entering into binding contracts;
III. You are not a convicted Sex Offender
IV. You will comply with these Terms and any other applicable laws.
If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian, and they agree to be bound by these Terms on your behalf.
3. Grant of Rights to You
Kantabiz grants you a personal, non-assignable, non-exclusive, non-transferable, revocable and limited right to use the Services.
You may not copy, modify, distribute, sell or lease our Services or any part thereof. Nor may you disassemble, decompile, reverse engineer or attempt to derive the source code of our software applications, any updates, or any part thereof, unless laws prohibit these restrictions, or you have our written permission to do so.
You may not use the Services or the content of the Services in ways that are not authorised by these Terms.
There may be automatic upgrades, updates, installations for new features to the software you use to avail our services. You may be able to adjust these automatic downloads through your device’s settings.
4. Grant of Rights to Us
Your agreement to these Terms allows us to
I. To host, reproduce, distribute, communicate, and use your content.
II. To save your content on our systems and make it accessible from anywhere you go
III. To publish, publicly perform, or publicly display your content, if you’ve made it visible to others
IV. Modify and create derivative works based on your content, such as reformatting or translating it
V. To sublicense these rights to other users to allow the services to work as designed by allowing you to share your content with people you choose
VI. To sublicense these rights to our contractors who’ve signed agreements with us that are consistent with these terms.
VII. To promote, exhibit, broadcast, syndicate, publicly perform and publicly display Public Content you share on our platform, in any form and any and all media or distribution methods.
5. Respecting Other Rights
As we respect your rights, so should you respect the rights of others. You yourself or through or for anyone else may not use our Services in a way that it:
I. violates or infringes someone else’s rights,
II. Infringes others-rights of privacy,
III. Infringes others copyright, trademark or other intellectual property rights,
IV. bullies, harasses or intimidates others,
V. Defames others, or
VI. Spams or solicits our users.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content").
You are responsible for the Content that you post on our platform, including its legality, reliability, and appropriateness.
The Content is required to be accurate and fact-checked. We set out certain rules regarding the content to prohibit certain types of content, which includes but is not limited to:
I. Sharing of other’s personal information
II. Sexually exploiting content
III. Content related to sexual exploitation of children
IV. Content depicting violence
V. Content depicting illegal or criminal activities
VI. Hate speeches or discriminatory content
VII. Bullying and any kind of harassment-related content
VIII. Content that advocates extremism or terrorism.
We reserve the right to decide if the content you share is appropriate or not. It's our sole discretion to monitor, review and remove your content from our platform or to allow it to be there whether or not you have breached these Terms.
By using our Service and posting your content on our platform, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through our platform. You retain any and all of your rights to any Content you submit, post or display on or through our platform, and you are responsible for protecting those rights.
You agree that we have the right to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Furthermore, you represent and warrant that:
I. The Content is yours (you own it) or you have the right to publish it on our platform,
II. You have the right to use it and grant us the rights and license as provided in these Terms, and
III. Posting your Content on our platform does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person.
Further, you warrant that:
I. The Content will not cause you or us to breach any law, regulation, rule, code, confidentiality obligation or other legal obligation,
II. The Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or breach of privacy,
III. The Content will not be unsolicited, undisclosed or unauthorized advertising, promotional material etc.,
IV. The Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment, and
V. The Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause, and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service.
We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on our platform will be publicly available information, and you bear the risks involved with such public disclosures.
8. When does Kantabiz delete your videos?
Delete is our default setting across the Kantabiz App network.
This means that Video posts that do not receive reciprocal user interactions via Replies or Likes/Dislikes and other analytical algorithmic factors sent and collected through the Kantabiz App network, will be automatically deleted once the non-interaction time threshold has elapsed. Kantabiz servers and algorithms are designed to automatically delete non-interacted posts after 30 days (may apply/ not applicable in Alpha and Beta testing periods). Deleted posts cannot be retrieved from Kantabiz’s user network by anyone (users), for any reason.
Note: We reserve the right to update our algorithms to better match our objectives and change this policy as required.
You alone remain responsible for the content you create, upload, post, send or store through the Services on our platform.
Also, we reserve the right to reject, refuse to post or delete any User Content for any or no reason, including, but not limited to,
I. We think violates these Terms
II. To comply with our legal obligations.
You can create your account with us to avail the services we provide, subject to conditions of age requirements.
When you create an account with us, you agree to the following terms:
I. You will provide us information that is accurate, complete, and current at all times;
II. You will not create more than one account;
III. You will not create an account with a pseudo name;
IV. You will not attempt to access your account through any unauthorised third-party applications.
V. Furthermore, you shall not use the name of another person or entity as a username or a username that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity apart from you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
If you fail to comply with these Terms, it may result in immediate termination of your account on our platform.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. Likewise, you must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
10. Acceptable Use
We strive to keep our platform and service a safe place for our users. To ensure that it remains a safe place, you agree that
I. You will not use the Services for any purpose that is unlawful or prohibited under these Terms.
II. You will not use our services to harass, abuse, threaten or violate other’s legal rights.
III. You will not use or develop any third-party applications that interact with our Services without our written consent.
IV. You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
V. You will not use or attempt to use another user’s account, username, or password without their permission.
VI. You will not solicit login credentials from another user.
VII. You will not encourage or promote any activity that violates these Terms.
11. Copyright Policy
We respect the intellectual property rights of others and expect you also to do the same. It is our policy to respond to any claim about the content posted on our platform if it infringes the copyright or other intellectual property infringement ("Infringement") of any person.
The use of content created by others without their permission is an infringement of their copyright. You are not permitted to post content in your account that infringes or violates someone else’s rights, or otherwise violates the law.
If we notice that any content or information you post on our platform violates these Terms, or we receive a valid infringement notification or a take-down notice for the content you have posted on our platform, we can remove the content as the law requires. When we receive a valid counter-notification, we will forward it to the person who requested the removal. After this, it’s up to the parties involved to resolve the issue in court or by other means.
If we notice that any of our users have repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
If you are a copyright owner or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
Copyright Infringement Notice
In order to lodge a complaint with us, please contact using the details above with the following information:
I. Your name and address;
II. Details of the alleged breach of copyright; and
III. URL link to the alleged breach of copyright (if applicable).
Please allow us 90 days to investigate your complaint, after which we will contact you to resolve the issue.
12. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kantabiz and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Kantabiz.
You hereby acknowledge and agree that we own all Intellectual Property Rights of the content provided under our services, and nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
As a user, you are granted a right to use the Service to create, display, use, play, and download Content subject to these Terms. You are permitted to use the Service only as authorised by us.
You hereby agree that by using our services, you grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free and transferable right to use your content the way we choose to use it. You warrant to us that you have all the rights that are required to permit us to use your content.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
All the provisions in this section under the heading of ‘Intellectual Property’ shall survive termination of these Terms and Conditions.
13. Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Kantabiz.
Kantabiz has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Kantabiz shall not be responsible nor liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We are not responsible nor liable for any of the terms of third parties or actions taken under their terms.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
If you wish to terminate your account, you may simply discontinue using the Service at any time and for any reason by deleting your account.
Upon termination, your right to use the Service will immediately cease.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation,
I. Ownership Provisions
II. Warranty Disclaimers
IV. Limitations of Liability
V. Rights you grant us
VI. Respecting others-Rights
VII. Dispute Resolution
VIII. Choice of law
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
15. Modification of Services
We may modify/ change/ improve our Services at any time. We may add/ modify or remove any of the features of our Services or functionalities, and we may also suspend or completely stop providing the Services at any time.
Before taking any such action, at any time, we may notify you beforehand, however, we may not compulsorily do it always.
As a condition of your access to and use of the Service, you agree to indemnify, defend and hold harmless us, our affiliates, directors, officers, stockholders, employees, licensors, suppliers, agents, our successors and assigns from and against any complaints, charges, claims, losses, damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to
I. your access to and use of the Service or
II. your content
III. your breach of these Terms and any applicable law or
IV. the rights of another person or party.
This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.
17. Limitation of Liability
Kantabiz and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, agents, our successors and assigns will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of business/ profits or revenues, whether incurred directly or indirectly or any loss of data, use, goodwill, privacy, other intangible losses or other economic advantages, however, it arises, resulting from:
I. When you access our Services or your inability to access the Services,
II. When you use our Services or your inability to use the Services,
III. damages suffered as a result of copying, distributing, or downloading Content from the Service,
IV. the conduct or content of other users or third parties on or through the Services, or
V. Unauthorised access, use or alteration of your content.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is at your sole risk.
The Service 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, non-infringement or course of performance.
Kantabiz, its subsidiaries, affiliates, and its licensors do not warrant that:
I. The Service will function uninterrupted, secure or available at any particular time or location,
II. Any errors or defects will be corrected,
III. The Service is free of viruses or other harmful components,
IV. The results of using the Service will meet your requirements,
V. Effectiveness of the Service, or
VI. The operation of our Service will be error-free.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability regarding the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We are not liable for the consequences of any interruptions or errors in the Service.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate. We or our affiliates will not be responsible for such content. Also, we take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
20. Governing Law
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
21. Changes in Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is commissioned, we will try to provide at least 30 days notice before any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
Both Parties acknowledge that if any provision of this Agreement is unenforceable in any respect, such unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such unenforceable provision had never been contained herein.
23. Contact Us
If you have any questions about these Terms, please contact us:
By Post: 65/ 77 Memorial Avenue, Liverpool, NSW, 2170, Australia