1.1 These Terms apply to your use of the Application. By accessing and using the Application:
1.2 If you do not agree to these Terms, you are not authorised to access and use the Application, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Application. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Application, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Application without notice or liability.
2.3 These Terms were last updated on 1 May 2020.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Underlying System means any network, system, software, data or material that underlies or is connected to the Application
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Application
We, us or our means Electric Fence Limited (trading as Triage)
Application means the Triage Application.
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to email@example.com.
4.3 You must:
a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Application or any Underlying System, or otherwise attempt to damage or interfere with the Application or any Underlying System; and
b) unless with our agreement, access the Application via standard means only and not by any other method. Other methods include via a “rooted” device, scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You agree to use the Application in a reasonable way.
If we determine that your use of the Application is not reasonable or that your use is causing degraded performance for you or for other Users, we may impose limits on your use of the Application or any Underlying System. Where possible, we will endeavor to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits. Limits on your use of the Application may include (but are not limited to): (a) storage required to host and backup; (b) meetings per calendar month; (c) bandwidth usage per twenty four (24) hour period; or (d) support tickets opened per calendar month.
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Application by using your User ID.
We (and our licensors) own all proprietary and intellectual property rights in the Application (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a) the Application being unavailable (in whole or in part) or performing slowly;
b) any error in, or omission from, any information made available through the Application;
c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Application. To avoid doubt, you are responsible for ensuring the process by which you access and use the Application protects you from this; and
d) any site linked from the Application. Any link on the Application to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Application is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Application is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
a) you access and use the Application at your own risk; and
b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Application, or your access and use of (or inability to access or use) the Application. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD$100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Application, or your access and use of (or inability to access or use) the Application, must not exceed NZD$100.
9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Application (or any part of it).
9.2 On suspension or termination, you must immediately cease using the Application and must not attempt to gain further access.
10.1 If we need to contact you, we may do so by email or by posting a notice on the Application. You agree that this satisfies all legal requirements in relation to written communications.
10.3 For us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 5, 6, 7, 10.1, continue in force.
10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
10.6 These Terms set out everything agreed by the parties relating to your use of the Application and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Application that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.