Terms and Conditions of Use (“Terms of Use”)                                                             Rev 2, April 2020

  1. General Information

ProjectOrbit (“application”) is a web based service developed by Tonkin & Taylor Limited (“we” / “us” / “our”, and when applicable includes our related companies), containing various project specific areas (each referred to as a “project area”), each of which are set up for a specific project and supplied pursuant to our terms of engagement with our applicable client (each referred to as “client”).

Pursuant to our agreement with the applicable client, you (“you” / “your”), together with other permitted users (“users”), are permitted to access the project area named in the email sent to you as part of user account set up.

Your access to the applicable project area, and use of any content contained within the applicable project area, is subject to these Terms of Use, our Privacy Statement, and our applicable contract with the applicable client. By accessing and using the application, you acknowledge that you have read and accept these Terms of Use and our Privacy Statement.

  1. Amendments

We may amend and update these Terms of Use and our Privacy Statement from time to time without prior notice.  If we do, we will notify you in writing and any change applies from the date of such notification. You accept that such notice of amendments will be deemed to be notice to you, and continued use of the application after such amendments constitutes your consent to those amendments.

  1. Privacy

We collect limited information from you in connection with your use of the application, such as your name, email address, telephone number, organisation (business name), the Internet Protocol address from which you accessed the website, the date and time you visit, the pages you accessed, the terms you used to search for content on this application and the type of browser and operating system you use. This information will only be used for the purposes of website administration, for reporting to our client, for our internal reporting, to improve the website, audit use of the website, to protect our rights and enforce these Terms of Use, and for any related purpose. We will take all reasonable steps to ensure that information will not be disclosed to any unauthorised person or organisation who is not entitled to obtain this information. You have a right at any time to enquire about the personal information we hold about you and to have access to this. In addition, you can request correction of any of your personal information.

Please refer to the Privacy Statement on our website for a fuller explanation of the restrictions applying to the use and disclosure of your information, the measures we take to protect your information and your rights in connection with any personal information we may hold about you.

  1. User account details

During the user account set up process, you will be allocated a username and must choose a password. You are responsible for all actions taken under that username and password and must only access and use the application under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. We will never under any circumstances email or contact you and request your username or password. Any requests for this type of information should be treated as fraud and reported to us immediately.

If there are any changes to the details supplied by you, including that you are departing from the organization that your account is linked to, it is your responsibility to inform us as soon as possible.

The application may rely on the use of cookies, which are small files stored on the hard drive of your computer. We recommend you enable cookies to make the application easier to use but it is up to you whether you enable them or not. Not all features of the application may be available if you do not enable cookies.

  1. Copyright and other Intellectual Property

Unless otherwise indicated, we own all copyright and any other intellectual property or other proprietary rights in the application.

Some of the intellectual property, information, data and other material forming the application is licenced or sourced from third parties as may be indicated. We are not responsible for such third party material.   Copyright, intellectual property and other proprietary rights in that material continues to be owned by such third parties.  Use of the application by you is subject to the terms and conditions of the third party owners or licensors as applicable.

Without limiting the provisions of the Copyright Act 1994 or other applicable law, you are not permitted to copy or republish this application or any substantial amount of the content of this application without our prior written consent and the consent of the relevant third party owner as applicable.

  1. Information, data, and other material

The information, data and other material (“content”) within the application may be sourced from other parties such as our client, you, other users, or third parties. We do not give and expressly disclaim any warranty as to the adequacy, currency, accuracy or completeness of the content or its fitness for purpose. It is your responsibility to independently verify the adequacy, accuracy, completeness, and fitness for purpose of any content before taking any action in reliance upon it.

Notwithstanding the foregoing, the application may contain content that we have prepared for the exclusive use of our client, with respect to the particular brief given to us pursuant to our terms of engagement with the client. Such content may not be relied upon in other contexts or for any other purpose, or by any person other than our client, without our prior written agreement.

If you upload any content to the application, you grant a licence to us, the client, and the other users to use such information for the purposes of the applicable project.   If you are not the owner of the content you upload, you will ensure that the relevant owner either grants you the right to grant the licence in this clause, or grants the licence directly.

We reserve the right, in our sole discretion and without any obligation, to make improvements to, alter or correct any error or omissions in any portion of the content.

  1. Availability

While we will use reasonable endeavours to make sure the application is available, we can not guarantee that your use of this application will always be uninterrupted or your access will be error free.  This application will be unavailable from time to time to permit routine and unscheduled maintenance to be undertaken and for other reasons. This application may be shut down at any time at our sole discretion.

  1. Basis of use

We do not give any warranties, representations, indemnities or guarantees whatsoever as to the function, operation, performance, availability or otherwise of this application or the content available in it.

The application and the content available in it is made available to you on an “as is” and “as available” basis, and your use of this application and the content within it is entirely at your own risk.

To the extent permitted by law, in no circumstances will we be liable to you or any other person, whether in contract, tort (including negligence), under statute, or otherwise for any loss or damage of any kind, whether direct or indirect or consequential or otherwise, arising from or in connection with this application and the content.  You indemnify and release us from any claims, loss, damage, expense or other liability arising from or in connection with your use of the application or the content.

  1. Security

While we take reasonable measures to prevent internet fraud and ensure any content is stored as safely and securely as possible, we do not warrant that the application or the content provided in it will be free of errors, viruses, defects or other harmful components. We cannot be held liable in the unlikely event of a breach in our secure computer servers.

You agree to take all care to not transmit any virus or other disabling feature that may damage the operation of the application.

  1. Your general obligations

It is your responsibility to ensure the compatibility of your systems and equipment for use with the application.

You agree not to use the application in a manner that interferes with its use by others or infringes the rights of any other person, or to tamper with the application or make any unauthorised modification to the website.

You will only use the application for lawful purposes and in compliance with all applicable laws.

  1. Suspension or termination

Without limiting our other rights and remedies, we may at our sole discretion and without liability on our part disable, suspend, block or terminate your use of the application for any reason, including your breach of these Terms of Use, if your account has been inactive for 6 months or greater, or in relation to individual users if we receive notice of departure of the individual from the organisation linked to the user account.

  1. Linked sites

To the extent the application contains hyperlinks to websites operated by others, this is for your reference only and does not imply any approval or endorsement of such sites. We do not operate or control and are not responsible for any information on such sites and are not responsible for the continued functionality of the link.

  1. Confidentiality

The content within the application may be subject to confidentiality obligations owed to the client or third parties. You agree to comply with the applicable obligations owed to such parties.

  1. Governing law

These Terms of Use are governed by New Zealand law and any disputes in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Courts of New Zealand.

  1. Entire Agreement

These Terms of Use constitute the entire agreement between us and supersede any and all preceding and contemporaneous agreements, except to the extent specifically agreed otherwise in writing by us.

 

© Copyright 2020 Tonkin & Taylor Limited, All rights reserved. Project Orbit is a trade mark of Tonkin & Taylor Limited.