EVS MEASURE UP APP TERMS OF USE

 

1              APPLICATION OF TERMS

1.1          These Terms apply to your use of the App. By accessing and using the App:

a)            you agree to these Terms; and

b)            where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person or company is bound by these Terms.

1.2          If you do not agree to these Terms, you are not authorised to access and use the App, and you must immediately stop doing so.

2              CHANGES

2.1          We may change these Terms at any time by updating them at http://www.evsapp.nz/terms.html
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 App, you agree to be bound by the changed Terms.

2.2          We may change, suspend, discontinue, or restrict access to, the App without notice or liability.

2.3          These Terms were last updated on 10 October 2019.

3              DEFINITIONS

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

Licence Agreement means a Licence Agreement with us in our standard form.

Personal information means information about an identifiable, living person

Terms means these terms and conditions titled App Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the App

We, us or our means EVS Glazing limited

App means our EVS Measure Up App provided to you

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting or your agent or permitted assigns.

4              YOUR OBLIGATIONS

4.1          You must:

a)            provide true, current and complete information on the App for the Product;

 

b)            report any bugs, issues, errors, and the like to us via email at app@evsglazing.nz;

 

c)            have signed a Licence Agreement before any Product will be made available to you;

 

4.2          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 App or any Underlying System, or otherwise attempt to damage or interfere with the App or any Underlying System;

b)            not in any manner share or use to your advantage (in anyway including commercial) any information that comes into your control from us other than that Product ordered through us; and

c)            not attempt to copy, replicate, reproduce, or reverse engineer the App without our written consent.

4.3          You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.

5              INTELLECTUAL PROPERTY

We own all proprietary and intellectual property rights in the App (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos) and the Underlying Systems.

6              DISCLAIMERS

6.1          To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:

a)            the App being unavailable (in whole or in part) or performing slowly;

b)            any error in, or omission from, any information made available through the App;

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 App. To avoid doubt, you are responsible for ensuring the process by which you access and use the App protects you from this; and

d)            Our work product or output to you based on incorrect or misleading information provided by you or your agents to us.

6.2          We make no representation or warranty that the App 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 App is not illegal or prohibited, and for your own compliance with applicable local laws.              

 

7              LIABILITY

7.1          To the maximum extent permitted by law:

a)            you access and use the App 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 App, our work product or output should this be based on incorrect or fictious information provided by you to us.

c)            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.

8              PRIVACY POLICY

8.1          You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the App available to you. For example, we may need to have your contact information in order to provide you with updates from our App.

8.2          When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.

8.3          The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.

8.4          We may also collect technical information whenever you log on to, or visit the public version of, our App. This may include information about the way users arrive at, browse through and interact with our App.

8.5          Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:

a)            to service providers and other persons working with us to make the App available or improve or develop its functionality (e.g. we may use a third- party supplier to host the App);

b)            in relation to the proposed purchase or acquisition of our business or assets; or

c)            where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

8.6          Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

8.7          You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at app@evsglazing.nz

9              SUSPENSION AND TERMINATION

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 App (or any part of it).

9.2          On suspension or termination, you must immediately cease using the App and must not attempt to gain further access.