Capital Planning Corporation Limited – Software Service License Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

I agree that these terms and conditions are binding on my use of the service and apply from the time Capital Planning Corporation Limited (herein after referred to as CP) provides me with access to the service. By registering to use the service I acknowledge that I have read, understood and agreed to these terms and have the authority to act on behalf of any person for whom I am acting as an agent.

Definitions

“Agreement”                means these terms and conditions of use.

“Data”                         means any data entered by me or with my authority into the website.

“Me/I/My”                   refers to a user or legal entity registered to use the CP service in accordance with these terms.

“Service”                     means the software provided to me by CP.

Part I: Terms of service

General

1. CP reserves the right to change these terms at any time, and I agree to be bound by any such modifications. CP will make every reasonable effort to communicate these changes via email or the website, but I will retain responsibility for having read the latest version of the terms.
2. I agree not to usethe service for any unlawful or unauthorised purposes. I will not, in my use of the service, violate any laws in New Zealand or any other jurisdiction (including but not limited to copyright and trademark laws).
3. I agree to pay the required fees to CP as they are due. I accept that failure to pay the required fees will result in termination or suspension of my account.
4. CP reserves the right to modify, update, or temporarily discontinue the service (or any part thereof) with or without notice.

Data security

5. CP will not share, disclose, sell, lease, modify, delete or distribute any data provided by me.
6. CP will not view the data provided by me except when given my written permission for the purpose of providing software support.
7. I take full responsibility for backing up my data. I understand that data backup is
   recommended for additional security and protection.
8. I am responsible for maintaining the confidentiality of my account and password. It is my responsibility to notifyCP if I believe my username or password have been compromised or used in an unauthorised manner.
9. I understand that CP will undertake all reasonable attempts to safeguard my data and provide ongoing access to my data.
10. CP assumes no responsibility or liability for any loss or damage to my data resulting from my failure to comply with any of the terms and conditions.

Disclaimer of warranties and liability

11. I understand and agree that use ofCP services is at my sole risk.
12. CP guarantees that the service will be provided with due care and skill. In the event of malfunction, CP will make all reasonable attempts to repair or rectify the problem but does not guarantee a perfect or uninterrupted service, or perfect or uninterrupted access to my data. CP will not be liable for any incidental loss or damage arising from total failure of the service. I understand that this disclaimer does not revoke any rights I hold under New Zealand laws relating to business or professional services.
13. I understand and agree thatCP shall not be liable for any direct, indirect, consequential or exemplary damages – including loss of profits, use, data or other intangible losses – resulting from my usage of the service.

Part II: Terms of service use

Account terms

1. I agree to provide my full legal name and a valid email address in order to complete the registration process and usethe service.
2. I agree that my account logon will only be used by one person, and I will not share my account with anyone.
3. I agree not to upload, post or transmit communications, malware or any code of a malicious nature or that is unsolicited.
4. I accept that any verbal, physical, written or other abuse of anyCP customer, employee, member, or officer could result in the termination or suspension of my account.
5. CP may suspend or terminate myaccount if I violate any portion of the agreement. In the event of such termination or suspension I understand that I may not be granted access to my data.

Miscellaneous

6. In its provision of the service, CP reserves the right to restrict storage limits, page views, upload file size, number of participating members and the number of projects created and owned by me.
7. I understand that these terms will be governed by and interpreted according to the laws of New Zealand. Any disputes in relation to these terms shall be subject to the exclusive jurisdiction of New Zealand courts.
8. I agree that CP may remove content or accounts with unlawful, offensive, threatening,libellous, defamatory, pornographic, obscene or otherwise objectionable material.
9. CP uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to runthis applications portal. I understand that during technical processing and transmission, my data may be encrypted or unencrypted, moved across various networks, and/or changed to suit any requirements of connecting networks or devices – as is normal practice in the provision of web services. CP accepts no responsibility for any damage resulting from these services.
10. If I have any questions regarding the terms, I agree to contact CP via email [[email protected]]. www.capitalplanning.co.nz
11. I agree to receive any necessary correspondence about this service via email.