Please review the following terms and conditions concerning your
use of this website.
We, Gentrack, its associated companies, its subsidiaries, its
immediate holding company and its ultimate holding company ("We" or
"Gentrack") welcome you to this web site ("Web Site").
The following terms and conditions ("Terms and Conditions") set out
the rules for how Gentrack run the Web Site. By accessing this page
and using the Web Site you acknowledge that you have read,
understood and agree to be bound by and comply with the Terms and
Conditions.
We reserve the right to change these Terms and Conditions at any
time without notice by posting changes on the Web Site. It is your
responsibility to familiarise yourself with the Terms and
Conditions regularly to ensure that you read any changes. Your
continued use of the Web Site after a change has been posted will
signify your acceptance of the modified Terms and Conditions. If
you do not agree with the Terms and Conditions please do not use
this Web Site.
1. USE OF THE WEB SITE
The Gentrack logo, the Gentrack Velocity logo, and other Gentrack
products referenced in the Web Site are trademarks of
Gentrack("Gentrack Logos"), and may be registered in certain
jurisdictions. All other product names, company names, marks,
logos, and symbols ("Third Party Logos") may be the trademarks of
third parties. All materials provided on this Web Site, including
but not limited to information, documents, products, Gentrack
Logos, Third Party Logos, logos, graphics, texts, text files, video
files sounds, images, software, and services ("Materials"), are
owned either by Gentrack or by third parties ("Third Party
Providers"). All rights are reserved. Please do not use the Web
Site in any way that may infringe the Intellectual Property Rights
in the Materials. ("Intellectual Property Rights" means copyright
and all other intellectual property rights whether or not
registered including patents, trade marks, service marks, trade
names, design rights, rights in any format or presentation
(including its look, feel, visual or other non-literal elements),
any applications for the protection or registration of these rights
and all renewals and extensions of them throughout the world). This
means that none of the Materials or any part of this Web Site may
be adapted, copied, extracted, reutilised, reproduced, broadcast,
distributed, republished, downloaded, displayed, posted,
transmitted, or retransmitted in any form or by any means,
including but not limited to electronically, mechanically by
photocopying or by recording without the prior express written
permission of Gentrack or the appropriate Third Party Provider.
Also, you may not reproduce or copy any part of this Web Site onto
any other server without Gentrack's prior express written
permission. Except where expressly provided otherwise by Gentrack,
nothing on this Web Site shall be construed to confer any licence
of Gentrack's or any Third Party Provider's Intellectual Property
Rights, and you acknowledge sole responsibility for obtaining any
such licenses. Gentrack does not provide, sell, license, or lease
any of the Materials other than those specifically identified as
being provided by Gentrack. Materials provided by Third Party
Providers have not been independently reviewed, tested, certified,
or authenticated in whole or in part by Gentrack. This Web Site is
designed to provide information only, and is not designed to carry
out any commercial transactions.
2. LINKS TO THIRD PARTY WEB SITES
This Web Site may contain links to web sites controlled by parties
other than Gentrack. Gentrack is not responsible for, does not
control, does not endorse or accept any responsibility for the
content or appropriateness of the content of, or use of these third
party web sites. Gentrack cannot be held responsible for such
content, or from any detrimental impact which you may suffer, or
for any processing errors or viruses that may arise from access to
such third party web sites. Gentrack is providing these links to
you only as a convenience, and the inclusion of any link does not
imply endorsement by Gentrack of the linked web site. Use of third
party web sites by you is done so entirely at your own risk and it
is your responsibility to take precautions to ensure that whatever
you select for your use is free of viruses or other items of a
destructive nature. These Terms and Conditions do not apply to any
third party web site linked to the Web Site or any other Gentrack
web sites. You should read and accept the terms and conditions of
those web sites before using them and direct any questions or
comments about the linked web site's contents to the relevant web
site provider.
3. RESTRICTION OF SOFTWARE USE
Any software that may be made available to download from this Web
Site ("Software") is owned by Gentrack or Third Party Providers.
Use of the Software is governed by the terms of the end user
license agreement that accompanies or is included with the Software
("Licence Agreement"). An end user agrees to the Licence Agreement
terms by installing, copying, or using the Software. The Software
is made available for downloading solely for use by end users
according to the Licence Agreement. Without limiting the foregoing,
the copying or reproduction of the Software to any other server or
location for further reproduction or redistribution is expressly
prohibited. Any reproduction or redistribution of the Software not
in accordance with the Licence Agreement is expressly prohibited.
The Software is warranted, if at all, only according to the terms
of the Licence Agreement. Except as may be expressly warranted in
the Licence Agreement, Gentrack shall have no other liability
whatsoever whether in contract, tort or otherwise as regards the
quality or fitness for purpose of the Software and all other
representations, conditions, warranties and terms in respect
thereof whether express or implied, statutory or otherwise are
excluded save to the extent that the same are not capable of
exclusion at law.
4. OFFENSIVE MATERIAL
Where you are given the facility to enter information onto, or
communicate via, the Web Site. Gentrack ask you to conduct yourself
in a lawful and civil manner. You agree to use the Web Site for
lawful purposes only and that you may not use or allow others to
use the Web Site to: 4.1 store, reproduce, transmit, communicate or
knowingly receive any material which is offensive, racist, abusive,
indecent, defamatory, obscene or menacing; 4.2 post or transmit any
material that you do not have worldwide copyright ownership or full
permission from the copyright owner or similar; 4.3 post, transmit
or link to any sexually explicit material; 4.4 impersonate any
person or entity, or falsely state or otherwise misrepresent your
affiliation with anyone or any entity; 4.5 post or transmit
statements that are intentionally false or misleading; 4.6 post or
transmit any advertising, promotional materials or other forms of
solicitation; 4.7 collect or store any personal information about
an individual; 4.8 enter into personal correspondence with any
individual with the purpose of offering them a service or product;
or 4.9 post or transmit any material which suggests or encourages
illegal activities. Gentrack may remove any material submitted to
the Web Site in our sole discretion, or when requested to do so by
any person, that we believe infringes these Terms and Conditions.
As a user of the Web Site you will indemnify and hold Gentrack
harmless against all costs, claims, liability, expenses (including
legal expenses) damages and losses incurred by Gentrack as a result
of your infringement of this clause whether arising under contract,
tort, statute or otherwise.
5. DISCLAIMER
Except where expressly provided otherwise by Gentrack, the
Materials on this Web Site are provided "as is", are experimental,
and are for non-commercial use only. Gentrack cannot be held
responsible for any damage that results from the use of the
information provided on the Web Site, and shall have no liability
whatsoever whether in contract, tort or otherwise as regards the
quality or fitness for purpose of the Materials or any Software,
the accuracy, completeness, or truth of any of the information
contained in the Web Site or for any reliance placed by any person
on the information in the Web Site, and all other representations,
guaranties, conditions, warranties and terms in respect thereof
whether express or implied, statutory or otherwise are hereby
excluded save to the extent that the same are not capable of
exclusion at law.
6. LIMITATION OF LIABILITY
Gentrack shall not be liable for any damages suffered as a result
of using, modifying, contributing, printing, copying, distributing,
or downloading the Materials. You have sole responsibility for the
adequate protection and backup of data and/or equipment used in
connection with the Web Site and you will not make a claim against
Gentrack for lost data, re-run time, inaccurate output, work
delays, or lost profits resulting from the use of the materials.
Save in respect of death, personal injury or fraud, Gentrack shall
not be liable to you for any of the following (whether or not you
were advised of, or knew of, the possibility of such losses)
whether arising from any claim under any tort including negligence,
for breach of contract, for misrepresentation (other than
fraudulent misrepresentation), intellectual property infringement,
under any statute or otherwise arising out of or in connection with
the use of the Web Site including without limitation:
6.1 any indirect, special or consequential losses; 6.2 any loss of
business, data, profits, revenue, goodwill, use, or anticipated
savings;
6.3 any damage suffered by you as a result of an action brought by
a third party arising from any use, or inability to use, any
Material; or
6.4 loss or damage to you, or any third party's, data or
records.
7. LOCAL LAWS
. You acknowledge and agree that the use of this Web Site and the
use of the Materials are subject to New Zealand laws and
regulations.
8. GENERAL
This Web Site may include inaccuracies or typographical errors and
Gentrack do not give any warranty that the Web Site will be
available at all times or will be free from interruption or error.
Gentrack and the Third Party Providers may make improvements and/or
changes in the products, services, programs, and prices described
in this Web Site at any time without notice. These Terms and
Conditions will be governed by and construed in accordance with the
laws of New Zealand. Disputes arising in relation to the same shall
be subject to the exclusive jurisdiction of the courts of New
Zealand. These Terms and Conditions represent the entire
understanding relating to the use of the Web Site and supersede all
other statements, representations or warranties (whether written,
e-mail or oral) made by Gentrack. Nothing in these Terms and
Conditions shall affect the liability of either party in respect of
any misrepresentation, warranty or condition that it makes
fraudulently. Any rights not expressly granted in these Terms and
Conditions are reserved by Gentrack.
9. GENTRACK PRIVACY POLICY
Gentrack is committed to protecting your privacy. This statement
sets out how we will treat your personal information ("Personal
Information") when you visit the Gentrack Web Site ("Web
Site").
9.1 Collection and Use of Personal Information. You may visit the
Web Site to view the information held there and, whilst doing so,
you may remain anonymous. Although you do not give any Personal
Information whilst remaining anonymous, Gentrack may record the
type of browser and the operating system that you use to access the
Web Site, any pages accessed during your visit and the number of
visits you make to the Web Site. Gentrack do this to ensure that
the Web Site provides relevant information and to improve the
overall quality of its services. Personal Information will only be
collected with your consent. Examples of Personal Information
include your address, e-mail address, telephone number, and country
of residence. Gentrack may use your Personal Information from time
to time to advise you of any new products or services which are
available on the Web Site or otherwise from Gentrack. If you do not
wish to receive any marketing information about such services you
may request that your details are excluded from any promotional
activity by clicking in the box provided.
9.2 Cookies. Cookies are small files of information which are
stored on your PC's hard drive ("Cookies"). Cookies do not contain
any Personal Information about you but allow our web server to
recognise you when you visit the Web Site. However, if you do not
wish us to use this information you may set up your website browser
to reject Cookies.
9.3 Data Protection. Gentrack Ltd (NZ) , who operate this Web Site
on behalf of Gentrack are registered under, and your Personal
Information is protected by, the Data Protection Act 1998 ("Act").
Under the Act Gentrack is legally obliged to process your Personal
Information lawfully and fairly and in such a way that it is kept
secure. You may request a copy of any of your Personal Information
that we hold by contacting us at
marketing@Gentrack.com
and paying the requisite fee prescribed under the Act.
Additionally, you may require Gentrack to correct any mistakes in
any of your Personal Information.
9.4 European Economic Area. Because of the nature of the Internet,
when Gentrack process your Personal Information in order to respond
to your enquiry it may be passed to countries outside the UK and
the European Economic Area. You give us your consent to process
your Personal Information by passing it outside of the UK and the
European Economic Area. If you do not consent, you should not use
the Web Site.
9.5 Contact from other users. Gentrack respect your privacy as set
out in these Terms and Conditions however, as the Web Site is
theoretically accessible by any user of the Internet (although we
do take security measures to avoid this) you should be aware that
when you voluntarily disclose Personal Information on the Web Site
it may be collected and may result in unsolicited messages from
other internet users.
This web site is provided by:
Gentrack Limited
PO Box 3288
Auckland 1140
Telephone: +64 9 966 6100
E-mail:
info@Gentrack.com
© 2008 Gentrack. All rights reserved.
Effective as of Wednesday, November 24th, 2004
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