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
Use of TechSafe™ and your obligations
- You agree in using TechSafe™ that you will:
- comply with all laws;
- comply with all TechSafe™ policies;
- keep all access details including passwords and codes secret; and
- notify Capella if you learn of a security breach related to TechSafe™ by emailing us at support@TechSafe.nz .
- You agree in using TechSafe™ that you will not:
- infringe the privacy rights of any TechSafe™ user;
- 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;
- mislead any TechSafe™ user, including supplying data that is falsely made to appear as originating from or being endorsed by TechSafe™ or Capella;
- use any portion of TechSafe™ as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
- 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
- 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;
- reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of TechSafe;
- engage in any activity that would constitute a criminal offense or give rise to a civil liability;
- 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.
- 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™.
- If you access someone else’s information, you acknowledge and warrant you have the authority to do so.
- 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.
- 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:
- comply with the law or legal proceedings served on it;
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- infringe any intellectual property rights of any third party;
- infringe the privacy rights of any third party;
- detrimentally affect the brand or reputation of TechSafe™ or any affiliates or partners of TechSafe™;
- mislead as to the nature, type, service or benefits of the any content;
- contain inaccurate, ambiguous, exaggerated, defamatory, untrue, or out of date information;
- encourage, counsel, incite or suggest any criminal or unlawful acts;
- seek to take advantage of any individual or and individual groups by virtue of their circumstances;
- contain vulgar and/or suggestive languages or images or innuendo or slang of a sexual, immoral, racial or violent nature; and
- promote or provide inflammatory or demeaning opinions of an individual or group.
- TechSafe™ is provided on an “as-is,” “with all faults” and “as available” basis.
- 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.
- 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.
- 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
- 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.
- 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.
- Capella shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):
- loss of data;
- loss of revenue or anticipated profits;
- loss of business;
- loss of opportunity;
- loss of goodwill or injury to reputation;
- losses suffered by third parties; or
- any indirect, consequential, special or exemplary damages arising from the use of TechSafe™ regardless of the form of action.
Limits on use or services
- 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:
- breach any TechSafe™ policy;
- breach any code of conduct; or
- where Capella considers any of your conduct, in its sole discretion, to be inappropriate.
- 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™.
- Capella may change the range of TechSafe™ services or remove features at any time and for any reason.
- 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.
- 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.
- 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.
- Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.
- Notices under these Terms and Conditions shall be in writing and shall be deemed given when delivered:
- Personally – when they are received;
- By email – upon confirmation of receipt;
- By overnight mail or conventional mail – two business days after sending; and
- By facsimile – upon receipt of a successful transmission report.
- 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
- These terms shall be governed by and interpreted in accordance with the laws of New Zealand which shall have exclusive jurisdiction over any disputes.