1.1 This Website (‘the Website”) is operated by LocknLoad (“We”, “Us”, or Our”).
1.2 Through the Website, We provide a data storage service that allows Our customers to upload information and manage this information online (the “Services”).
1.3 By Using the Website you (“You” or “Your”) agree to be bound by these Terms and Conditions.
1.4 If You are using the Website in Your capacity as an employee, agent, or officer of any other person or a company or other organisation, then You are entering into a contract on behalf of that person, company, or organisation, who will be deemed to be the contracting party (i.e. “You” or “Your”) for the purpose of these Terms and Conditions. You must cease Using this Website if You are not authorised to enter into contracts of this nature on behalf of Your company or organisation.
1.5 These Terms and Conditions, sets out the period of time and cost of using this website.
1.6 We may change these Terms and Conditions and give notice to You by posting amended Terms and Conditions on the Website at any time. Your subsequent use of the Website will be deemed Your acceptance of the amended Terms and Conditions.
2 Our Services
2.1 Our Services include a storage facility for documents supplied and managed by You (“Your Data”).
2.2 We will take all reasonable care to ensure that Our Services are fit for the purpose for which they have been designed. However, You acknowledge and agree that:
(a) We are not responsible for how You collate or manage Your Data.
(b) We are not responsible for the accuracy, relevance, quality, or significance of Your Data.
(c) You will seek advice as to how long You should store data to comply with Your taxation and legal obligations.
(d) You are responsible for ensuring You have backup copies of Your Data. If Your Subscription is terminated or cancelled, You are responsible for making alternative arrangements for the storage of Your data before We delete it.
3 Your Subscription -
3.1 Our customers Use Our Services by purchasing a subscription (“Subscription”). The following outlines the terms of your subscription.
3.2 The term of Your Subscription (“Subscription Period”) is 12 months.
3.3 You may Use Our Services for the time specified unless You cancel Your Subscription or the Subscription Agreement is terminated before the end of that time.
3.4 At the end of each Subscription Period, Your Subscription will be automatically renewed for a further period of the same length, unless or until You notify Us otherwise by cancelling Your Subscription 30 days before the end of the Subscription Period.
3.5 To cancel Your Subscription, You must send a cancellation request to admin@locknload.co.nz, and include all details necessary to enable Us to identify You and ensure cancellation of the correct Service.
3.6 Cancellation or termination may result in the immediate and automatic forfeiture of any special rate that any telecommunications provider offers to Our subscribers.
4 Using Our Service
4.1 Our Services will be as advised at the time You enter into a Subscription and as amended from time to time and notified on Our Website or to You.
4.2 You may Use Our Website solely for the purpose of uploading, storing, managing, and downloading Your Data.
5 Payments
5.1 You will pay for all Services for the duration and at the rates outlined on the website.
5.2 All payments are due immediately.
6 Changes to Your Subscription
6.1 Changes to Your Subscription will be outlined within the terms and conditions on this website.
6.2 The balance of any previous Subscription may, at Our discretion, be credited to Your new Subscription Agreement.
7 Refunds
(a) We will not refund any payment You make to Us except as required by law.
8 Intellectual property
8.1 Subject to clause 8.2, all copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Services and the Website are and will remain Our sole property or property licensed to Us.
8.2 We acknowledge that We do not own copyright in any raw data and images You store on the Website.
8.3 You may not remove Our trade marks, copyright symbols, or any other statement or device which asserts Our intellectual property rights from any other materials You download from the Website, or from any authorised copies You make of them.
8.4 You may not copy, modify, or otherwise interfere with any part of the Website.
8.5 You may not create any hyper-links to the Website unless You have Our permission in writing.
9 Privacy and use of data
9.1 We will Use any data You give to Us and which identifies You or any of Your clients or associates 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 or authorised by You.
9.2 You agree that we may access your data where it is necessary to do so for technical maintenance.
9.3 We will edit your information with your written permission or as required by law. You acknowledge that we may be required by law to delete or take down any data or image that infringes the copyright of another person.
9.4 We may Use aggregate data (in a non-identifiable form) supplied to Us by You for Our own business purposes including the improvement of the Website, Our Services, and Our related services.
9.5 We may send You electronic messages which facilitate, complete, or confirm any transaction You enter into with Us in relation to the Services or the Website.
9.6 We may send You commercial electronic marketing messages relating to Our other goods and services and other information of related interest if You consent by ticking the box at the end of these Terms and Conditions. We will stop sending You such messages if We receive such a request to stop from You.
10 Telecommunications providers
10.1 You are responsible for all payments and obligations to whichever third party telecommunications provider You use to upload data to Our Website, even if You have arranged a contract with that provider through Us or We have procured that contract for You. You indemnify Us against all claims, costs, damages and awards against You by that provider.
11 Maintenance
11.1 We may run routine tests, undertake maintenance, or upgrade any part of the Website or Our Service. We will make reasonable endeavours to give you advance notice, but we will not be liable for any disruption to the Service if the circumstances mean that we are unable to give notice or you do not receive that notice.
12 Retention, return and deletion of your data
12.1 YOU ARE SOLELY RESPONSIBLE FOR DOWNLOADING AND STORING YOUR DATA IN AN ALTERNATIVE LOCATION BEFORE TERMINATION, CANCELLATION OR EXPIRY OF YOUR SUBSCRIPTION.
12.2 We may permanently delete Your data three months after cancellation, termination or expiry of Your Subscription.
12.3 After termination or expiry of Your Subscription, and providing that We have not deleted Your Data, We will provide You with a copy of the Data if You:
(a) Request in writing to admin@locknload.co.nz that We return Your Data to You;
(b) Pay Us an administration fee; and
(c) Pay all outstanding amounts that You owe to Us.
13 Notices
13.1 We will send all notices to You at the email address or mobile phone number You provide.
13.2 You must send all notices to Us to admin@locknload.co.nz.
14 No warranty
14.1 You understand that the Services use a third party communication network, and that the Website is hosted by a third party, and that We are not responsible for any failure by those parties.
14.2 You represent that if You are purchasing the Services for business purposes, and acknowledge that the Consumer Guarantees Act 1993 does not apply.
14.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ANY WARRANTY THAT ANY SERVICE IS FIT FOR ANY PARTICULAR PURPOSE.
14.4 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 TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE IS ERROR FREE OR THAT ANY SERVICES PROVIDED IN RELATION TO THE WEBSITE WILL BE UNINTERRUPTED.
14.5 YOU ACCEPT THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU:
(a) KEEP YOUR LOG-IN DETAILS AND PASSWORD SECURE AND CONFIDENTIAL;
(b) HAVE BACKUP COPIES OF ALL DATA; AND
(c) COMPLY WITH ALL LAWS RELATING TO THE STORAGE AND COPYING OF DATA.
14.6 YOU UNDERSTAND THAT THERE MAY BE SLIGHT DELAYS, DUE TO CIRCUMSTANCES BEYOND OUR CONTROL, BETWEEN YOU SENDING DATA TO THE WEBSITE AND IT APPEARING ON THE WEBSITE.
14.7 YOU ACCEPT ALL RISK AND ANY LIABILITY ARISING FROM YOUR USE OF THE WEBSITE AND THE SERVICES. 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 SERVICES, OR BY ANY THIRD PARTY ACCESSING YOUR DATA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
14.8 YOU AGREE TO INDEMNIFY US AND OUR LICENSORS AGAINST ALL ACTIONS, PROCEEDINGS, COSTS, CLAIMS, DEMANDS, LIABILITIES AND EXPENSES WHATSOEVER ARISING FROM:
(a) YOUR USE OF THE WEBSITE AND THE SERVICES;
(b) YOUR BREACH OF THESE TERMS AND CONDITIONS.
14.9 IF WE ARE PROHIBITED BY LAW FROM EXCLUDING ALL LIABILITY, OUR AGGREGATE LIABILITY IN RELATION TO ANY CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY SERVICES OR SERVICES SUPPLIED TO YOU BY US UNDER THESE TERMS AND CONDITIONS WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID TO US BY YOU DURING THE 12 MONTHS PRIOR TO THE DISPUTE ARISING, OR $1,000, WHICHEVER IS THE LESSER AMOUNT.
15 Code of conduct
15.1 You must Use Our Website responsibly, lawfully, and in good faith.
15.2 You must not provide Your password or log-in details to anyone else. You must take all reasonable steps to keep Your password and log-in details confidential and secure.
15.3 You must refrain from any acts or omissions which:
(a) are misleading or unlawful or likely to be so; or
(b) call Us or Our Website into disrepute, or are likely to do so.
15.4 You may not violate or attempt to violate Our Website or interfere with Our Services in any way, including but not limited to:
(a) logging into a server or account that You are not authorised to access;
(b) accessing data or taking any action to obtain services not intended for You or Your Use;
(c) attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
(d) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
(e) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the System;
(f) interfering with, intercepting or expropriating any system, data or information; or
(g) interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding”, “mailbombing”, or “crashing” any computer system.
15.5 You must not use Our Website to send any unsolicited messages.
15.6 You must use Our Website solely for the purpose for which it is provided. You must not use Our Website to conduct, promote, or facilitate any other activity or business.
15.7 You must not infringe or violate the legal rights of any other person in the course of using Our Website or Our Services.
16 Termination or cancellation
16.1 Your access to Our Services and any licence granted to You under these Terms and Conditions will expire upon expiry, termination or cancellation of Your Subscription.
16.2 We may terminate Your Subscription and deny You access to the Services, Conditions immediately by giving notice to You in writing, if You breach these Terms and Conditions.
16.3 The following clauses of these Terms and Conditions will survive termination of these Terms and Conditions, or termination or expiry of any licence granted under them: 8 (Intellectual Property) 9 (Privacy and Use of Data), 10 (Telecommunications providers), 12 Retention, return and deletion of Your Data), 13 (Notices), 14 (No warranty), 16 (Termination or cancellation), 17 (Assignment), 18 (Governing law), 19 (Invalid terms severable), 20 (No Waiver), 21 (Definitions).
16.4 Termination, cancellation or expiry of Your Subscription or of these Terms and Conditions will not deprive either You or Us of any rights in relation to any breach of these Terms and Conditions.
17 Assignment
17.1 You may not assign Your rights or obligations under these Terms and Conditions or Your Subscription Agreement without Our express written consent.
18 Governing law
18.1 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 Rotorua, New Zealand, in accordance with the Arbitration Act 1996 or any re-enactment of that Act. 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 New Zealand Law Society or his/her nominee.
18.2 Nothing in this Agreement prevents a party from issuing court proceedings in relation to any dispute that requires urgent interim relief.
19 Invalid terms severable
19.1 If any of the terms, conditions or provisions in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term, condition or provision will to that extent be severed from the remaining terms, conditions or provisions which will continue to be valid.
20 No waiver
20.1 If We waive any of Our rights in relation any breach by You of these Terms and Conditions, that waiver will not be a continuing waiver in relation to other breaches by You.
21 Definitions
21.1 In these Terms and Conditions:
(a) “LocknLoad” means LocknLoad Limited, its agents, officers, and advisors, and “We”, “Our” and “Us” have a corresponding meaning.
(b) the singular includes the plural and vice versa;
(c) headings are for convenience only and do not affect the interpretation of the terms.