TERMS AND CONDITIONS
1. Terms and Conditions
1.1 This Website (‘the Website”) is operated by Kintal Apps (“We”, “Us”, or Our”) and these terms and conditions (“Terms and Conditions”) govern Your access to and use of the Website, together with the download and access of the Blueprint application (the “App”), together with Your purchase of the products advertised on the Website or the App Store which relate to the App or its associated products (the “Products”).
1.2 By using the Website, including any reports or other related materials You may obtain through the Website, You agree to be bound by the provisions of these Terms and Conditions dealing with Your use of the Website. By purchasing the Products, You agree to be bound by the provision of these Terms and Conditions dealing with Your purchase and use of such Products.
1.3 These Terms and Conditions represent the entire agreement between You and Us regarding Your use of the Website and Your purchase and use of the Products. You agree that Apple Inc and Google (together with its subsidiaries) (“App Platform”) are not party to these Terms and Conditions but that via the App Store, the App Platform is a third party beneficiary of the right to enforce any aspect of these Terms and Conditions against You.
1.4 If You are using the Website or Products in Your capacity as an employee of a company or other organisation, then You are entering into a contract on behalf of that company or organisation, who will be deemed to be the contracting party (“You” or “Your”) for the purpose of these Terms and Conditions, and You must cease using this Website or any Products if You are not authorised to enter into contracts of this nature on behalf of that company or organisation.
1.5 We may change these Terms and Conditions and give notice to You by posting amended Terms and Conditions on the Website or App Store at any time.
2 Grant of Rights
2.1 We grant You a non-exclusive license to purchase the Products via our Website and / or install the App or any related Products on handheld, mobile devices owned by You (“Devices”). You may make one copy of the App or any related Products for the purposes of backup and to use the Products for the purposes of measuring and monitoring education and achievement within students (the “License”). However, You agree that We may restrict Your access to the Products or Our Website if We reasonably believe that You are in breach of these Terms and Conditions.
3.1 You agree to pay for all Products that You purchase at the rates specified on the Website or in the App Store at the time that You access the Website or App Store and pay for the Products.
4 Intellectual Property
4.1 All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Website and the Products are and will remain Our sole property.
4.2 You agree to use the Website and the Products solely for Your own use and to refrain from using the Website or the Products for any other purpose. You may make additional copies of any reports or other related materials We supply specifically to You, but You may not otherwise copy, reproduce, publish, or disseminate them in any way.
4.3 You may not remove Our trade marks, copyright symbols, or any other statement or device which asserts Our intellectual property rights in relation to the Website, the Products, or from any materials You download from the Website or the App Store or any authorised copies You make of them or from any Products.
4.4 You agree not to reverse engineer or otherwise tamper with any of the Products, not to use it for any purpose other than its intended purpose and not to take any step that may adversely affect Us including by copying the Products or otherwise competing with Us or applying for rights in respect of the Products or Your improvements to it.
4.5 If You breach clause 4.4 and in so doing improve, produce or design another product using any of our intellectual property rights relating to the Products, You agree that We will own all and any intellectual property in that improvement or design and You will take all necessary steps to vest such ownership in Us.
5 Privacy and Use of Data
5.1 We will comply with the Privacy Act 1993 in relation to any applicable information You supply to Us.
5.2 We will use any information You give to Us and which identifies You only for the purpose for which it is supplied to Us and will not use it for any other purpose or supply it to any third party except as required by law, authorised by You or set out in these Terms and Conditions.
5.3 We reserve the right to use aggregate data (in a non-identifiable form) supplied to Us by You for Our own business purposes including the improvement of the Website and Our Products.
5.4 We may send You electronic messages which facilitate, complete, or confirm any transaction You enter into with Us in relation to the Website or the App Store. You consent to receiving other electronic messages from Us, including commercial electronic marketing messages relating to Our Products and other information of related interest. We will stop sending You such messages if We receive a request from You to stop.
6 Warranties and Disclaimers
6.1 To the maximum extent permitted by law, the Website is provided on an “as is” basis, without any warranty of any kind either express or implied including but not limited as to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website is error free, that the information provided to us from the governing bodies is accurate, or that any services provided in relation to the Website will be uninterrupted.
6.2 You agree to indemnify Us and Our affiliates, subsidiaries, directors, officers, employees and agents against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever arising from your use of the Website and the Products.
7 Risk and Liability
7.1 You accept all risk and any liability arising from Your use of the Website and the Products. In no event will We be liable to You or any other person for any lost profits, lost savings, lost data, or damages (including special, direct, indirect, punitive, consequential, or incidental damages) or any claims, proceedings, costs, demands, liabilities and expenses incurred by You arising out of or relating to Your use of the Website or the Products, whether in contract, tort (including negligence) or equity even if We have been advised of the possibility of such loss or damage.
7.2 You agree to indemnify us against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever arising from:
(a) Your use of the Website or the Products; and
(b) Your breach of these terms and conditions.
7.3 Without limiting clause 7.1, Our total liability to You in relation to any claims arising out of or relating to the Website and the Products will in any event be absolutely limited to the amount paid by You to Us in the most recent transaction entered to via the Website and is otherwise excluded.
8.1 We may terminate any agreement arising from these Terms and Conditions immediately at any time by giving notice to You via the Website or by other means that We deem appropriate. All provisions relating to Intellectual Property, Indemnity, Privacy, and Use of Data will survive termination.
9.1 You may not assign Your rights or obligations under these Terms and Conditions without Our express written consent.
10 Governing Law and Disputes
10.1 These Terms and Conditions will be construed in accordance with the laws of New Zealand, and in terms of the enforceability of these Terms and Conditions shall be deemed “in writing” and “accepted” by both parties. Any disputes arising out of this these Terms and Conditions or their subject matter shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law. The arbitration will be by one arbitrator, to be agreed upon by the parties. If the parties fail to agree upon an arbitrator within 21 (twenty-one) days, an arbitrator will be appointed by the President of the Arbitrator’s and Mediator’s Institute of New Zealand Inc and the arbitration will be held in Auckland, New Zealand, in accordance with the New Zealand Arbitration Act 1996. Nothing in these Terms and Conditions prevents a party from issuing proceedings in relation to any dispute where the nature of the dispute is such that the party requires urgent interim relief.
11 Links to and from Other Websites
11.1 Throughout Our Website You may find links to third party websites. The provision of a link to such a website does not mean that We endorse that website. If You visit any website via a link on this Website You do so at Your own risk.
11.2 Any party wishing to link to Our Website is entitled to do so provided that the conditions below are observed:
(a) You do not seek to imply that We are endorsing the services or products of another party unless this has been agreed with Us in writing;
(b) You do not misrepresent Your relationship with Our Website; and
(c) The Website from which You link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or rights of a third party.
11.3 By linking this Website in breach of this clause You shall indemnify Us for any loss or damage suffered by Us as a result of such linking.