Terms and Conditions
1. Important information
1.1 Please read the terms and conditions of this Agreement before continuing. By downloading, installing or using this application (App) you agree to be bound by the terms and conditions contained in this Agreement.
1.2 This is a legal agreement between you (Authorised User) and Resource Co-Ordination Partnership Limited (RCP) for the use of the App (Agreement). This Agreement represents the entire agreement concerning the App between each Authorised User and RCP and supersedes any prior proposal, representation or understanding relating to the App between the parties.
1.3 Any failure to exercise or enforce any right available to RCP under this Agreement does not constitute a waiver of those rights.
2. No liability
2.1 RCP makes every effort to ensure the App is up-to-date. However, RCP makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability for purpose or availability of the App. Any reliance the Authorised User places on the App is therefore strictly at its own risk.
2.2 In no event will RCP be liable (whether under tort, equity, negligence or otherwise) for any damage or loss including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising out of or in connection with the use of, or reliance on, the App.
2.3 RCP makes every effort to keep the App running smoothly. However, RCP takes no responsibility for, and will not be liable (whether under tort, equity, negligence or otherwise) for, the App being temporarily unavailable due to technical issues beyond its control. RCP also reserves the right to permanently remove the App from the App Store/Play Store at any time or to charge the Authorised User for the App.
2.4 RCP is not liable to the Authorised User for any damage or change to the Authorised User's device or equipment caused by the App.
3. Indemnity
3.1 You agree to indemnify RCP, its officers, employees, agents, affiliates, suppliers and representatives against any and all claims, damages, losses, costs, and expenses (including but not limited to lawyers’ fees) resulting from any violation of this Agreement or any activity related to the use of the App (including negligent or wrongful conduct) by you or any other person accessing the App that you are responsible for.
4. Intellectual property
4.1 RCP (and its licensors) own all title and trademarks, copyright, database rights and intellectual property rights in the App. The App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The App is not sold to the Authorised User. RCP grants the Authorised User a non-exclusive, royalty-free, revocable licence to download, install and use the App only on the terms and conditions of this Agreement exclusively.
4.2 You must not copy, reproduce or distribute the App (including any part of the App or any content found on or produced by the App) without the prior written consent of RCP.
5. Privacy and use of information
5.1 The information submitted by each Authorised User to the App may be retained by RCP and used in accordance with the requirements of the Privacy Act 1993 (or any replacement legislation). The Authorised User agrees that RCP may use any personal information obtained by RCP about the Authorised User through or by use of the App for any purpose associated with the provision of, or their use of, the App (including producing statistical data). RCP may disclose information about the Authorised User to RCP's agents or any Governmental Department if deemed necessary by RCP for any purpose. The Authorised User may request the information that RCP holds about it. These requests must be made in writing.
5.2 The Authorised User acknowledges that RCP may use any photographs it uploads to, or otherwise pass through, the App for any purpose whatsoever (including advertising) and that all copyright and title to any such photographs will belong to RCP exclusively.
6. Consumer Guarantees Act 1993
6.1 Nothing in this Agreement shall affect any right the Authorised User may have under the Consumer Guarantees Act 1993 (Act) (or any replacement legislation). If the App is being used for the purpose of a business, the Authorised User agrees that the provisions of the Act are contracted out of by the parties to the maximum extent permitted by law.
7. Termination
7.1 This Agreement is effective until terminated by the Authorised User or RCP. RCP may suspend or terminate an Authorised User's use of the App at any time without prior notice or liability for any reason whatsoever, including if the Authorised User breaches any part of this Agreement. Upon such termination, the rights granted to the Authorised User under this Agreement shall immediately terminate and the Authorised User must immediately cease all use of the App however clauses 2, 3, 4 and 5 will survive termination of this Agreement.
7.2 An Authorised User may terminate this Agreement by ceasing to use the App and uninstalling and removing all copies of the App in the Authorised User's possession or control.
7.3 Termination of this Agreement is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination.
8. Variation
8.1 RCP may in its absolute discretion change the terms and conditions of this Agreement at any time by publication of the amended terms and conditions on the App itself. The change will take effect when the amended terms and conditions are uploaded to the App or the App Store/Play Store.
9. Applicable law
9.1 This Agreement is governed and to be construed by the laws of New Zealand and the Authorised User accepts that New Zealand Courts have exclusive jurisdiction to deal with any dispute, litigation or other matter relating to this Agreement or the App.
9.2 If at any time any part of this Agreement becomes illegal, invalid or unenforceable in any respect, that part shall be read down to become legal, valid and enforceable or, if this is not possible, deleted. The remaining parts of this Agreement shall continue to apply with full force and effect.
10. Capacity
10.1 By using or installing the App, you warrant that you are over 18 years of age (if you are an individual) or, in the case of a body corporate, that you have the authority to enter into the Agreement.
11. Health and Safety at Work Act 2015
11.1 The Authorised User acknowledges that the App is a reporting tool and is not designed to ensure compliance with the Health and Safety at Work Act 2015 (HSWA).
11.2 Accordingly, RCP makes no warranty (whether express or implied) that the App complies with the HSWA and the Authorised User acknowledges that compliance with the HSWA is its sole responsibility.
11.3 By providing the App to the Authorised User, the Authorised User acknowledges that RCP does not become a "PCBU" in any form (as that term is defined in the HSWA) and the Authorised User agrees that it will have no claim against RCP under the HSWA and will not attempt to pursue any such claim against RCP.