WORMALD CONNECT – NEW ZEALAND
TERMS AND CONDITIONS
GOVERNING ONLINE ACCOUNT ACCESS
1.1 These WORMALD CONNECT Terms and Conditions Governing Online Access between Tyco New Zealand Limited trading as Wormald (Wormald) and Site User (“User” or “you” or “your”) (Agreement) contains the complete terms and conditions governing your use of the WORMALD CONNECT Web Portal (Site).
1.2 You may accept such terms and conditions and therefore be entitled to use the Site by indicating your acceptance by selecting the box confirming that you accept these terms and conditions.
2. THE SITE
2.1 The Site is secured and allows you to access certain business information concerning your Account with Wormald (Account) at the Site located at http://wormaldconnect.wormald.co.nz.
2.2 Before you may participate in and use the Site, you must accept the terms and conditions detailed in this Agreement by selecting the box confirming that you accept the terms and conditions.
2.3 Once you have accepted the terms and conditions of this Agreement, Wormald shall provide to you access to the Site to access your Account.
2.4 Should you not accept the terms and conditions of this Agreement, you shall not be permitted access to the Site.
3. RIGHTS AND RESTRICTIONS IN USING THE SITE
3.1 Subject to the terms and conditions of this Agreement, Wormald grants to you a non transferable license to use your Password to access your Account on the Site, and to use, download, and copy such Account information solely to facilitate your customer relationship with Wormald.
3.2 You agree that you shall not permit or allow any third party to use or access your Password, the Site or Account and that you shall not use any proprietary or confidential information contained in the Site or your Account for any purpose other than to facilitate your customer relationship with Wormald.
3.3 You may not:
(a) publish, display, disclose, modify, distribute, or create derivative works based on the Site or your Account other than in the regular course of facilitating your customer relationship with Wormald;
(b) reverse engineer, recompile, translate, adapt, or disassemble the Site or any part of the Site; or
(c) transmit your Account information to any third party unrelated to your customer relationship with Wormald without Wormald’s prior written approval.
4.1 You have no ownership rights in the Site, your Account or your Account information.
4.2 Wormald may, in its sole discretion, terminate your access to the Site and your Account at anytime.
4.3 Ownership of the Site, your Account and your Account information, and all intellectual property rights in the Site, your Account and your Account information shall remain at all times with Wormald.
4.4 Any other use of the Site and your Account by any person, business, corporation, government organisation or any other entity other than the uses permitted under this Agreement is not permitted.
5.1 You acknowledge that the Site and your Account contain proprietary and confidential information owned by Wormald and you hereby agree to maintain the confidentiality of the Site and your Account using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information.
5.2 You agree to communicate the terms and conditions of this Agreement to those persons employed by you who will have access to your Account information and to require such employees or consultants to be bound by similar confidentiality obligations.
5.3 You agree not to disclose your Password to any person.
7. NO WARRANTY
7.1 The use of the Site, the Account and the Account information is at your own risk.
7.2 Prior to the use of any information contained on the Site, it is your responsibility to verify the accuracy of that information.
7.3 Wormald does not warrant that the Site will meet any requirements or needs you may have, or that the Site or your Account will operate error free, or in an uninterrupted fashion.
7.4 To the maximum extent permitted by law, Wormald makes no representation or warranty in relation to the Site, the Account and the Account information including:
(a) the Site’s functionality; and
(b) the accuracy of the Account information or any other information concerning your Account.
7.5 You acknowledge that there may be a time delay in updating your information on the Site and that your Account may not be up to date.
7.6 To the extent permitted by law and except as otherwise provided herein, all conditions, warranties and representations are expressly negated and excluded.
8. LIMITATION OF LIABILITY
8.1 Subject to clause 8.2 and notwithstanding any other provision to the contrary, Wormald’s total liability for breach of this Agreement or any injury, loss, damage or expense arising out of or in connection with this Agreement, the Site, the Account, the Account information or Wormald’s performance of its obligations hereunder or otherwise, whether that liability arises under contract, any indemnity, tort (including negligence), by statute or otherwise shall not exceed $1,000.
8.2 Where any goods or services provided under this Agreement are not of a type ordinarily acquired for personal, domestic or household use or consumption, Wormald’s liability shall be limited (at Wormald’s option) to one of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the supplying of the services again; or
(d) the payment of the cost of having the services supplied again.
8.3 Notwithstanding any other provision to the contrary, so far as the law permits, Wormald shall not be liable under this Agreement in contract, under any indemnity, tort (including negligence), by statute or otherwise for loss or damage (whether direct or indirect) of profits, revenues, use, production, contracts, corruption or destruction of data or for any indirect, special or consequential loss or damage whatsoever arising out of or in connection with this Agreement or the use of or inability to use the Site, your Account or your Account information.
9.1 Notwithstanding any other provision, this Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of your services agreement with Wormald or any other agreement with Wormald relating to fire related services (Services Agreement) or this Agreement or your Services Agreement is terminated or for any other reason at Wormald’s sole discretion.
9.2 Upon such termination, your Password will no longer be valid and you shall no longer have the right to use or access the Site or your Account.
9.3 All provisions of this Agreement relating to confidentiality, ownership rights, non-disclosure and the limitation of liability shall survive the termination of this Agreement.
10.1 This Agreement shall be construed, interpreted and governed by the laws of New Zealand without regard to conflicts of law provisions.
10.2 This Agreement, in conjunction with your obligations under your Services Agreement or any other agreement you may have with Wormald shall constitute the entire agreement between the parties.
10.3 Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties.
10.4 If a court of competent jurisdiction finds any part of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.