USER TERMS AND CONDITIONS
“We” and “us” means Idea Unique Ltd t/a TimeZoneOne, and/or any administrator of the platform appropriately authorised by TimeZoneOne.
“You” or “the User” means a person creating an account on the platform, either personally or on behalf of another legal entity.
You are signing on to this platform on behalf of our partner, Central Otago District Council.
- By registering, you consent to receiving marketing, promotional and other material by way of electronic messages from us and/or your account administrator on the platform.
- You will ensure that all usernames and passwords are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent.
- We may, at our sole discretion, suspend or terminate your account and limit your access to the platform.
- We collect information (Personal Information) about:
- Your name
- Your email address (and/or other contact details)
- Your computer and internet access
- We will use your Personal Information to contact you regarding the administration of your account and your use of this platform.
- We may also use information we collect about your computer and internet access to improve the platform.
- We will comply with all legal and regulatory requirements that require use or disclosure of your Personal Information.
- If you do not give us the requested information, you may be unable to acess the platform.
- Most of the Personal Information we collect by asking you. Some information about your computer and internet access, and your Preferences, may be collected by us through click tracking in relation to your use of our Website, including the tracking of the content you access, and/or log files or cookies.
- We will take reasonable technical and organisational precautions to prevent the loss, misuse or unauthorised alteration of your Personal Information. However, due to the nature of email and the internet, we cannot guarantee the privacy or confidentiality of your Personal Information. We may store your information in cloud or other types of networked or electronic storage.
- Your Personal Information may be collected, stored and processed on servers located outside of New Zealand. As electronic or networked storage can be accessed from various countries via an internet connection it is not always practicable to know in which country your information may be accessed or held.
- We will keep your Personal Information as long as we are using it, or as required by applicable laws.
- You have the right to ask for a copy of any Personal Information we hold about you, and to ask for it to be corrected if you think it is wrong.
- The User will, in its use of the platform:
- Not infringe any third party’s Intellectual Property Rights;
- Not upload or link any files that may damage any other person’s computing devices or software;
- Not publish anything which contains any profanity, hate speech or any other type of language or image which is unlawful, immoral, indecent or which offends commonly accepted standards of decency as determined by us in our sole discretion; and
- Abide by all applicable laws.
- The User agrees at all times to indemnify and keep indemnified us and our representatives against any and all claims, liabilities, damages, losses, costs and expenses (including legal costs and expenses on a solicitor client basis) arising out of or relating to any breach or alleged breach of any term, condition or warranty by the User.
INTELLECTUAL PROPERTY RIGHTS
- Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.
- The User:
- acknowledges we own all Intellectual Property Rights in the platform; and
- will not directly or indirectly do anything that would or might invalidate or put in dispute our title in the platform.
- Except to the extent that applicable laws, including the Copyright Act 1994 prevent us restraining you from doing so, the User must not:
- reproduce, make error corrections to or otherwise modify or adapt any part of the platform or create any derivative works based upon the platform;
- de-compile, disassemble or otherwise reverse engineer any part of the platform or permit any third party to do so.
- If any person makes any claim alleging that the use of the platform infringes any Intellectual Property Rights or Moral Rights of any person, the User must:
- promptly notify us in writing;
- not make any admissions or take any action in relation to the claim without our written consent;
- permit us control over any and all investigations, negotiations, settlement and dispute resolution proceedings relating to the claim; and
- cooperate with, assist and act at all times in accordance with our reasonable instructions, in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings.
- We may perform maintenance and upgrades on the platform at any time and from time to time.
- We will endeavour to provide reasonable notice of maintenance and upgrades.
- To the extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.
- To the extent permitted by law, we have no liability or responsibility any Loss in connection with:
- the platform being unavailable (in whole or in part), performing slowly or not being compatible with all computer systems;
- any error in, or omission from, any information made available through the platform;
- any exposure to viruses or other forms of interference which may damage a computer system or cause exposure to fraud relating to access to the platform.
- To the maximum extent permitted by law, we are not liable or responsible for any Loss in connection with access to and use of (or inability to access or use) the platform. This exclusion applies regardless of whether liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
- To the full extent permitted by law, the Licensor excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- To the maximum extent permitted by law and only to the extent either clause 8.1or 8.2 does not apply, our total liability will not exceed $50.
Last updated: 2 July 2020