These Terms of Use govern your access to and use of all TechSafe websites, mobile websites, and mobile applications, collectively “TechSafe”.

By using any TechSafe website, or by downloading and or using a TechSafe mobile application, you confirm that you agree to these Terms of Use and to the TechSafe Privacy Policy. If you do not agree, do not use our websites and do not download and use our mobile apps.

You are responsible for ensuring the security of the personal information held on your computer, mobile or other device.

Last Updated Friday, 21 April 2023

About these Terms of Use

1. In consideration for Capella Consulting Limited (“Capella”) allowing you the right to access and use the TechSafe and TechSafe.nz service (“TechSafe™”) you agree to be bound by these Terms of Use. This right is non-exclusive and non-transferable and limited by these Terms of Use.
2. These Terms of Use apply to any user of TechSafe™ whether they are a visitor, account holder, security assessor, Capella business partner or otherwise.
3. By using TechSafe™ you agree to be bound by these Terms of Use, which shall take effect immediately the first time you use TechSafe™. If you do not agree to be bound by all of these Terms of Use please do not access, use and/or contribute to TechSafe™.
4. Capella may change these Terms of Use from time to time, registered customers will be notified with 30-days’ notice prior to any change. Changes to these terms and conditions relate only to the use of the TechSafe service. Your continued use of TechSafe™ will be deemed acceptance of the updated or amended Terms of Use. If you do not agree to the changes, you should cease using TechSafe™.
   
5. If there is any conflict between these Terms of Use and specific local terms appearing elsewhere on TechSafe™ or terms entered into independently with Capella, then the specific or independent terms of use shall prevail.

Registration

6. You may be given the opportunity to register via an online registration form or by participating in Interactive Areas, such as forums and other community features, to create a user account (“Your Account”) that may allow you to receive information from us and/or to participate in certain features on TechSafe. We will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on TechSafe so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of TechSafe and all charges related to the same.

Use of TechSafe™ and your obligations

7. You agree in using TechSafe™ that you will:

   1. comply with all laws;
   2. comply with all TechSafe™ policies;
   3. keep all access details including passwords and codes secret; and
   4. notify Capella if you learn of a security breach related to TechSafe™ by emailing us at support@TechSafe.nz .

8. You agree in using TechSafe™ that you will not:

   1. infringe the privacy rights of any TechSafe™ user;
   2. use TechSafe™ in a way that harms Capella or TechSafe™ or our related entities, resellers, distributors, suppliers and/or vendors (each referred to as a “Capella party”), or any customer of a Capella party;
   3. mislead any TechSafe™ user, including supplying data that is falsely made to appear as originating from or being endorsed by TechSafe™ or Capella;
   4. use any portion of TechSafe™ as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
   5. use any unauthorised means to modify or reroute, or attempt to modify or reroute TechSafe™; damage, disable, overburden, or impair the TechSafe™ (or the network(s) connected to TechSafe™) or interfere with anyone’s use and enjoyment of TechSafe™; or
   6. interfere with or disrupt TechSafe or the servers or networks connected to TechSafe, or disobey any requirements, procedures, policies or regulations of networks connected to TechSafe;
   7. reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of TechSafe;
   8. engage in any activity that would constitute a criminal offense or give rise to a civil liability;
   9. impersonate any person or entity, including, but not limited to, any Capella party, or falsely state or otherwise misrepresent your affiliation with any person or entity.

9. Capella does not recommend sharing your access details with anyone. If you need someone to access your information they should register as a user within TechSafe™.
10. If you do share your access details you must ensure that the person you share your access details with also adheres to these Terms of Use.
11. If you access someone else’s information, you acknowledge and warrant you have the authority to do so.
12. You authorise Capella to send emails to your declared email address which is also your user-id/system name. These emails will not contain any of your personal information. You must advise Capella if you change your email address. All emails sent to your account will be assumed to have been read.

Privacy

13. Capella considers your use of TechSafe™ to be private. However, Capella may access or disclose information about you, your account and/or the content of your communications, in order to:

    1. comply with the law or legal proceedings served on it;
    2. enforce and investigate potential violations of these Terms of Use; including use to participate in, or facilitate, activities that infringe the law; or
    3. protect the rights, property, or safety of Capella, any Capella party, TechSafe™, their employees, customers or the public.

You consent to the access and disclosures outlined in this section.

14. Capella may use technology or other means to protect TechSafe™, protect our customers, or stop you from breaching these Terms of Use.

15. In order to provide you with TechSafe™, Capella may collect certain information about TechSafe™’s performance, your machine and your use of TechSafe™. Capella may automatically upload this information from your machine. This data will not personally identify you.

16. In addition to the above, the TechSafe™ Privacy Statement forms part of these Terms of Use. By agreeing to these Terms of Use you also give your consent to the way we may handle your personal information under that statement. You can access the TechSafe™ Privacy Statement by clicking on this link.

Intellectual Property

17. All copyright, trade marks, designs, patents and other intellectual property rights (registered and unregistered) in and on TechSafe™ and all content (including all applications) located on the site shall remain vested in Capella or its licensors (which includes other users).
18. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use TechSafe™ content in any way except for your own personal, non-commercial use unless otherwise agreed in writing with Capella.
19. You agree not to adapt, alter or create a derivative work from any TechSafe™ content except for your own personal, non-commercial use. Any other use of TechSafe™ content requires the prior written permission of Capella.
20. Nothing contained in these terms shall be construed as conferring you any licence or right to use any trade mark, design right or copyright of Capella or any other third party.
21. You warrant that all content uploaded or shared by you, either from your own computer or another source, are either created or owned by you, or that you have the necessary licences, rights and permissions to use the content uploaded or shared.
22. You acknowledge and agree that upon receipt and notice of any claim from a third party, Capella may immediately remove any content from TechSafe™ without liability. Any claims of any complaining party shall be referred to you for your attention.

Content

23. You agree in respect of any Content uploaded on the Website that it complies with the TechSafe™ Code of Conduct, and without limiting the Code of Conduct does not:

    1. infringe any intellectual property rights of any third party;
    2. infringe the privacy rights of any third party;
    3. detrimentally affect the brand or reputation of TechSafe™ or any affiliates or partners of TechSafe™;
    4. mislead as to the nature, type, service or benefits of the any content;
    5. contain inaccurate, ambiguous, exaggerated, defamatory, untrue, or out of date information;
    6. encourage, counsel, incite or suggest any criminal or unlawful acts;
    7. seek to take advantage of any individual or and individual groups by virtue of their circumstances;
    8. contain vulgar and/or suggestive languages or images or innuendo or slang of a sexual, immoral, racial or violent nature; and
    9. promote or provide inflammatory or demeaning opinions of an individual or group.

24. TechSafe™ does not actively police uploaded content but reserves the right to remove or edit any content uploaded at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, in breach of these Terms of Use. If a user notices any such content, please email us at support@TechSafe.co.nz .

No Warranties

25. TechSafe™ is provided on an “as-is,” “with all faults” and “as available” basis.
26. Capella does not guarantee the timeliness, completeness or performance of TechSafe™ or any of the content. To the extent permitted by law, Capella excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
27. Some content on TechSafe™ may be created by third party contributors or members of the public. The views expressed are their own and unless specifically stated are not those of Capella. Capella is not responsible for any content posted by third parties or members of the public on TechSafe™ or for the availability or content of any third party site that is accessible through TechSafe™. Any links to third party websites from TechSafe™ do not amount to any endorsement of that site by Capella and any use of that site by you is at your own risk.
28. Capella does not warrant that functions available on TechSafe™ will be uninterrupted or error free, that defects will be corrected, or that TechSafe™ or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Limitation of Liability

29. You can recover from Capella only direct damages up to any amount you pay Capella for TechSafe™ for use of its service. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages. If the Consumer Guarantees Act 1993 would otherwise apply to your use of TechSafe™ and you are accessing or otherwise using this website for business purposes (or holding yourself out as accessing or using it for business purposes), you agree that the provisions of that Act will not apply, to the extent contracting out is permitted by that Act.
30. This limitation applies to anything related to access services, information services, forum services, content (including code) on third party sites, third party programs or third party conduct, viruses or other disabling features that affect your access to or use of TechSafe™, incompatibility between the TechSafe™ and other services, software and hardware, delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with TechSafe™ in an accurate or timely manner, and claims for breach of these Terms of Use, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
31. It also applies even if this remedy does not fully compensate you for any losses, or fails in its essential purpose or Capella knew or should have known about the possibility of the damages.
32. Capella shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):

    1. loss of data;
    2. loss of revenue or anticipated profits;
    3. loss of business;
    4. loss of opportunity;
    5. loss of goodwill or injury to reputation;
    6. losses suffered by third parties; or
    7. any indirect, consequential, special or exemplary damages arising from the use of TechSafe™ regardless of the form of action.

Indemnity

33. You agree to release, indemnify and keep indemnified Capella from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Capella from any person arising out of or in connection with your failure to comply with these Terms of Use or your use of TechSafe™.

Limits on use or services

34. Without limiting any other rights and remedies available to Capella, Capella may, at its sole discretion, limit your activities on TechSafe™ or refuse to provide you access to TechSafe™ or any part of it if you:

    1. breach these Terms of Use;
    2. breach any TechSafe™ policy;
    3. breach any code of conduct; or
    4. where Capella considers any of your conduct, in its sole discretion, to be inappropriate.

35. In such an event, your access will be blocked and your information will be removed. You will be given the opportunity to obtain your information that you have provided. Health information received from your Healthcare Provider and other third parties can be obtained from the original source, and not through TechSafe™.
36. Capella may change the range of TechSafe™ services or remove features at any time and for any reason.

Dispute Resolution

37. You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms of Use (“Dispute”) unless you have first complied with this Disputes Resolution section.
38. Where any Dispute arises, you (or your representative) and a representative of Capella will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.
39. Where the representatives of the parties do not resolve the Dispute within five (5) Business Days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.
40. If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.
41. Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.

General

42. If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country or area in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
43. These Terms of Use and the Privacy Statement supersede any and all prior oral or written communication on the subject matter contained in them.
44. Notices under these Terms and Conditions shall be in writing and shall be deemed given when delivered:

    1. Personally – when they are received;
    2. By email – upon confirmation of receipt;
    3. By overnight mail or conventional mail – two business days after sending; and
    4. By facsimile – upon receipt of a successful transmission report.

45. Capella may assign its interest in TechSafe™ at any time and for the purposes of this agreement references to Capella shall include any person or organisation to which it has licensed or assigned its rights and obligations.

New Zealand Law

46. These terms shall be governed by and interpreted in accordance with the laws of New Zealand which shall have exclusive jurisdiction over any disputes.