Terraview Terms and Conditions
TERMS AND CONDITIONS OF USE
These terms and conditions become a legal agreement between you (as the user) and Terralink International Limited ("Terralink") when you sign a hard copy of these terms and return them to Terralink, and Terralink provides you with your registration key. This agreement constitutes the terms and conditions in respect of your use of the terraview software and the data contained therein (together referred to as "Terraview”). Please read this Agreement carefully. By using Terraview you agree to be bound by these terms and conditions.
1. GRANT OF LICENCE
1.1 Terralink grants you the non-exclusive right to access and use Terraview for your internal business purposes only. You are permitted to print hard copies of Terraview for these purposes, but are otherwise not permitted to modify, copy or create derivative works from, on-supply, store in any medium, distribute or otherwise deal with Terraview.
1.2 Each license purchased entitles you to install and use Terraview on a single personal computer only.
1.3 You agree that Terraview remains the property of Terralink International Limited or its suppliers. You may not decompile, reverse engineer or otherwise use Terraview in any way other than as intended by Terralink International Limited. It is your responsibility to confirm that the usage is appropriate.
1.4 Some of the materials in Terraview are sourced from Statistics New Zealand (“Stats”), Ministry for the Environment (“MfE”) and Land Information New Zealand (“LINZ”). Terralink International may at any time require you to amend or delete any material (or any part of the material) that you have obtained from Terraview that is sourced from Stats, MfE or LINZ and you must provide satisfactory evidence to Terralink International that such material has been amended or deleted as required by Terralink International.
2. TERM AND TERMINATION
2.1 This Agreement will commence on the date it is signed by both parties or at the time you receive your registration key (whichever is the earlier) and will continue continue for the length of the subscription term. The term of this agreement shall upon expiry of the subscription term be automatically renewed for consecutive 12 month terms commencing on each anniversary of the expiry of the subscription term, unless you provide Terralink with notice of termination in accordance with clause 2.2.
2.2 You must provide Terralink with notice in writing at least 30 days prior to the expiry of the subscription term, or any subsequent renewal term, that you wish to terminate the agreement.
2.3 During the term of this Agreement, you will be liable for payment of all data update fees. Terralink International reserves the right to disable Terraview if your account is overdue or your registration key is out of date.
2.4 Updates shall be provided at the frequency set out in the Application Form provided that all license fees and update fees have been paid in full.
2.5 You shall cease to use Terraview immediately upon termination of this Agreement. Upon termination of this Agreement, you shall immediately remove Terraview from all personal computers, servers and any other equipment on which the whole or any part of Terraview has been copied, stored or installed, return or destroy Terraview (at Terralink’s sole option) and shall, within 10 days of termination, certify such removal, destruction or return. Terralink reserve the right to access your premises at any reasonable time to audit compliance with this Agreement.
3. NOTICES
3.1 You may serve a notice on Terralink for the purposes of this agreement by sending it by email to info@terralink.co.nz or by post to Terralink International Limited, PO Box 2872, Wellington, New Zealand. Terralink may serve a notice on you by sending it to your e-mail address or postal address appearing on the application form you have completed or in this Agreement. Notices will be deemed to have been served one hour after transmission by e-mail or 3 days after dispatch by post. You are responsible for notifying Terralink of any change to your e-mail or postal address.
4. REGISTRATION KEY
4.1 You are responsible for protecting and securing your registration key from unauthorised use. If you believe there has been a breach of security of your registration key, such as theft or unauthorised use, you should notify Terralink immediately.
5. COPYRIGHT
5.1 Terraview is protected under copyright and other laws of New Zealand, and under international conventions, and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in Terraview is owned or controlled by Terralink or its licensors.
5.2 If you produce a hard copy of any material from Terraview you must ensure that it includes a prominent notice and acknowledgement as follows:
“Copyright 2002-2005 Terralink International Limited and its licensors. Some materials sourced from Stats, LINZ and MfE. Crown copyright reserved.”
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 If you use or rely on Terraview, you do so solely at your own risk. Terraview is provided “as is” and “as available”.
6.2 The information contained within Terraview is for informational purposes only. You recognise and agree that materials that are provided as part of Terraview are sourced from third parties outside Terralink and as such, Terralink cannot and does not provide any warranties of any kind whatsoever in relation to any Terraview or materials contained in Terraview or provided to you in accordance with this Agreement. Terralink does not give any warranty or other assurance as to the content of Terraview, its accuracy, completeness, timeliness or fitness for any particular purpose.
6.3 To the full extent permissible at law, Terralink excludes all liability for damage or loss (including, without limitation, financial or economic loss, damages for loss in business projects, loss of profits, revenue or anticipated savings, loss or damage to reputation or goodwill, direct, indirect or consequential losses, punitive or special damages), arising in contract, tort (including negligence) or otherwise from the use of, or inability to use Terraview, or from any action or decision taken as a result of using Terraview or any such material.
6.4 If you acquire Terraview for the purposes of a business, the guarantees and rights provided by the Consumer Guarantees Act 1993 will not apply to the supply of Terraview. If you are a consumer and acquire Terraview other than for the purposes of a business, this Agreement does not affect your rights under the Consumer Guarantees Act 1993.
6.5 Although Terralink intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to Terraview, Terralink does not guarantee or warrant that Terraview does not contain such destructive features. Terralink excludes all liability for any loss or damages or harm attributable to such features.
6.6 The limitations and exclusions of liability, indemnities and disclaimers set forth in this Agreement apply for the benefit of and may be enforced by LINZ, MfE and Stats in relation to Terraview and information sourced by Terralink from LINZ and/or MfE and/or Stats.
6.7 In the event that any exclusion of Terralink International’s, Stats’, MfE’s or LINZ’s liability set out in this agreement is inapplicable or is held unenforceable, Terralink International’s, Stats’, MfE’s and LINZ’s total aggregate liability under or in connection with this agreement, or arising out of any use, reproduction, modification, amendment or deletion of the material in Terraview, or creation of compilations or derivative works of or from the material in Terraview (by you or by any other person), whether that liability arises in tort (including negligence), contract, equity or on any other basis, shall be limited as follows:
(a) Terralink International’s total aggregate liability shall be limited to $100.
(b) Stats’, MfE’s and LINZ’s total aggregate liability shall be limited to $1.00 each.
7. INDEMNITY
7.1 You shall indemnify Terralink for any reasonably foreseeable costs (including settlement and legal fees), damages, losses or expenses that Terralink may incur, suffer or become liable for as a result of:
(a) Your breach of this Agreement;
(b) Your intentional misuse of Terraview;
(c) Your negligent acts, errors or omissions; or
(d) Any claim, suit, action or proceeding brought by a third party against Terralink as a result of the matters set out in paragraphs (a) – (c).
7.2 Nothing in this clause 7 limits any rights or remedies Terralink may have under statute or under the general law.
8. PRIVACY
8.1 Terralink is an Agency for the purposes of the Privacy Act 1993. All personal information you supply to Terralink will be dealt with by Terralink in accordance with that Act. Terralink may from time to time send you information on selected products and services and invite others to do so.
8.2 You have the right to access and correct any personal information retained by Terralink.
8.3 Your information may also be provided to a credit reporting agency.
9. FEES
12.1 You agree to pay all fees specified in schedules to this Agreement and/or incurred as a result of using Terraview.
12.2 In the event of non-payment you will pay all of the actual costs of any debt collection incurred by Terralink International. Terralink International reserves the right not to extend further credit. Terralink International has the right to terminate this agreement for any non-payment of fees. Terralink International may charge default interest at its trading bank's standard short term lending rate plus 5% on all amounts not paid by the due date. Default interest is charged on a daily rate from the due date to the date payment is actually made. Interest shall be compounded on a monthly basis.
10. TRADE MARKS
10.1 The name and logo of Terralink International Limited, Terralink, and Terraview are registered trademarks of Terralink or its licensors. You are not permitted to use or reproduce or allow anyone to use or reproduce these trade marks for any reason without our express written permission. The software underlying and operating Terraview is proprietary software and you are not permitted to use it except as expressly allowed under the terms of this agreement. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited.
11. GENERAL
11.1 This agreement is deemed to have been made in New Zealand and is governed by New Zealand Law. Any dispute relating to this agreement shall be referred to the New Zealand courts and the New Zealand courts shall have jurisdiction to hear and determine such dispute.
11.2 No waiver by Terralink International Limited of any term will constitute a waiver of any other of these terms. We may vary these terms at any time by notice in writing to you. Any such variation will take effect from the next delivery of Terraview.
12. CREDIT CHECKS
12.1 Terralink reserves the right (and you consent) to instruct a credit reporting service to carry out a credit check on you to establish creditworthiness. You agree to co-operate to the fullest extent possible with any reasonable request made in relation to a credit check under this clause. You acknowledge that information sourced from you regarding credit checks, including but not limited to a default in your payment obligations, may be held by Terralink’s credit reporting service and such information may be provided to the credit reporting service’s other customers. In the collection and storage of such information both Terralink and its credit reporting service are bound by the Privacy Act 1993 and the Information Privacy Principles that are set out within that Act.
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