Terms and conditions

USER TERMS AND CONDITIONS

 

 

App

 

This App is owned and operated by the Owner.  By accessing and using this App, you agree to these User Terms and Conditions (“Terms”) without qualification.  If you do not agree to be bound by these Terms, please do not use this App and/or Services or continue to use this App and/or Services.

 

Changes

 

The Owner reserves the right to vary or modify these Terms or impose new or additional terms and conditions at any time without notice to you.  Any such variations, modifications or additional terms and conditions will be effective immediately and incorporated into these Terms and your continued use of this App will be deemed to be your acceptance of the same.

 

Passwords

 

In order to access this App you will be requested to select your own password.  You must not select a password which is unsuitable.  Unsuitable passwords include number combinations that may easily be easily guessed and other numbers or words easily connected to you.

 

Your password is personal to you and you must safeguard those passwords and:

(a)      at all times maintain the confidentially of each password and not disclose any password to any third party;

(b)      only use a password for the purpose for which it was intended; and

(c)      ensure that no one can see you entering your password.

 

You must immediately notify the Owner of any actual or possible:

(a)      disclosure of your password to any other person as soon as you are aware or suspect that your password has been disclosed; and

(b)      unauthorised access to this App and/or any Service as soon as you suspect or become aware of that unauthorised access.

 

You must immediately change your password:

  • as soon as you are aware or suspect that your password has been disclosed; or
  • you suspect or become aware of any unauthorised access to this App or any Service.

 

You are solely responsible for any use of this App or any Service by any person using your password.  You indemnify the Owner against any and all claims arising out of your failure to:

(a)      maintain the confidentiality of your password;

(b)      failing to take all reasonable steps to prevent disclosure to any person when entering your password;

(c)      unreasonably delaying notification to the Owner of the actual or possible disclosure of your password or unauthorised access to this App;

(d)      leaving a mobile phone, tablet, or other similar device (“Device”) unattended when logged on to this App.

 

Your password, and therefore further use of this App and the Services, may be cancelled at any time you are in breach of these Terms.

 

Restrictions

 

You may not:

  • copy, replicate, reproduce, distribute, transmit, publish, translate, adapt, modify, vary, decompile, disassemble or reverse engineer any part of this App (except the information which may be exported via the App) or the System;
  • make any part of any Service available to any other person to whom the appropriate password has not been issued;
  • make any other function or information on this App (except for information which may be exported via the App, and in any such case you must acknowledge the Owner as the source of information) available to any person to whom the appropriate password has not been issued.

 

You must not use or permit the use of this App, the System or any Service:

(a)      which is contrary to any applicable law;

(b)      that contravenes the intellectual property, privacy or any other rights of any third party;

(c)      which is in any way harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, lewd, profane, invasive of another’s privacy, hateful or racially, ethically or otherwise objectionable; or

(d)      for any purpose other than as specifically intended and must take effective measures to protect their misuse.

 

You must not introduce to this App or the System any virus, worm or any other code designed to manipulate or damage the App or System in any way.

 

Privacy Statement

 

The collection and use of personal information on individual users of this App is regulated by applicable privacy laws.  Information collected about a user by this App includes:

  • details of the user (including name, address, mobile phone number and e-mail address); and
  • details of the user’s access to the App and use of the Services.

A user may also provide other employment information in relation to them, including [details of employment information that can be uploaded], which will be collected by this App and be made available to other users.

 

The Owner may also make information available to third parties for the purposes of:

  • administering, managing and monitoring the App and the Services;
  • conducting market research, data processing and statistical analysis and reporting;
  • verification purposes.

 

Rights to Material and Information

 

All rights (including intellectual property rights such as copyright) and interest in any Service accessible on this App, the App itself and any proprietary information accessible via this App are the exclusive property of the Owner and you agree that no such rights or interests will pass to you.

 

Exclusions, Limitations on Access and Termination

 

The stability and availability of this App is dependent on:

  • the stability of the System;
  • the nature of the internet; and
  • the capability, reception and proficiency of the Device on which it is used.

 

Accordingly, access to this App and the Services is not guaranteed, represented or warranted whatsoever to be available on every Device, error free, delay free or uninterrupted and the Owner will not be liable for any such unavailability, errors, delays or interruptions. You agree that the Owner may remove all or any part of the Services for indefinite periods of time or cancel all or any part of the Services at any time, without notice to you or any other person.  The Owner will not be liable to you or any other person if it does so.

 

The security of information transmitted over the internet cannot be guaranteed and the Owner expressly disclaims (to the maximum extent permitted by law) all liability for any breach of security while information is transmitted over the internet. In addition, the Owner does not guarantee, represent or warrant whatsoever that this App or any Service will be free from loss, corruption, attack, viruses (or any kind of malicious code whatsoever), interference, hacking or any other security intrusion.

 

The Owner in its sole discretion may for security or technical reasons prohibit or restrict your access to this App at any time and without notice to you or any other person. 

 

The Owner may temporarily suspend your access to this App and the System to carry out maintenance, repairs, reconfigurations or upgrades.

 

The Owner may update or change the content, nature and functionality of this App, the System or any Service or discontinue any Service from time to time without notice to you or any other person.

 

The Owner may in its sole discretion terminate your access to this App at any time without notice to you or any other person.

 

Information True and Correct

 

You warrant that all information and details provided by you via this App are true, correct, complete and accurate in all respects and you will ensure that all such information and details are immediately updated if there is any change.

 

No Representations, Warranties of Guarantees

 

This App and the Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, all representations, warranties (including as to merchantability and suitability for any purpose), undertakings and guarantees, whether express or implied, are excluded and the Owner does not give any representation, warranty, covenant, undertaking or guarantee whatsoever, including (without limitation) as to the availability, accuracy, completeness, currency or reliability of the information provided via this App or any Service.

 

Liability

 

The Owner expressly disclaims (to the maximum extent permitted by law) all liability for any loss, damage, cost or expense, whether direct, indirect or consequential, loss of profits  or revenue, lost opportunity or otherwise arising out of or in connection with your use of or reliance on this App or the information provided via this App or any Service (including, but not limited to, any errors or omissions in any content).

 

In addition, but without limiting the generality of the foregoing, the Owner is not liable for any loss or damage that occurs from any cause or event beyond the Owner’s reasonable control.

 

The Owner’s maximum aggregate liability for all loss or damage arising from this App or any Services (whether in contract, tort or otherwise) shall not exceed $100.

 

Indemnity

 

To the fullest extent permitted by law you indemnify and hold the Owner (and their directors and employees) harmless against:

(a)      all costs, losses, claims or liabilities arising from any breach of these Terms by you or any action taken by the Owner as part of an investigation of a suspected breach of these Terms or as a result of the Owner finding or deciding that a breach of these terms has occurred;

(b)      all costs, losses, claims or liabilities arising from any third party claims made against the Owner (or any of their respective directors and employees) as a result of any breach of these Terms by you; and

(c)      all costs, losses, claims or liabilities of the Owner (and each of its directors and employees) arising from any use of your password not expressly permitted in these Terms.

 

Severability

 

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

 

Governing Law and Jurisdiction

 

These Terms are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms and your use of this App or any Service.

 

Defined Terms

 

In these Terms, unless the context otherwise requires:

 

“App” means this mobile application.

 

“Owner” means Praxis People Solutions Limited.

 

“Services” means the services accessed or provided via this App.

 

“System” means the Owner’s system used to drive, support and administer the App and provide the Services.

 

 

© Copyright Praxis People Solutions Limited 2019.  All rights reserved.