Terms and Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Intellectual Property Rights

The User acknowledges that all Intellectual Property Rights in the system vest in CloudDesk Limited and that it will not seek to exploit or use any such material for its own purposes other than using the System until the Expiry Date of the Licence.

Limitations on Licence

The User must not do any of the following without the written consent of CloudDesk Limited:

  • Allow anyone else other than the named User to use the System.
  • Copy (except as part of the User's usual backup procedures), modify or reverse engineer the System software.

Warranties

CloudDesk Limited warrants that it is entitled to grant the Licence to the User. CloudDesk Limited does not warrant that the System is error free or virus free, can be used without interruption, or will meet all the needs of the User.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Support

CloudDesk Limited will provide email support to the User. This includes technical support for set-up and use of the product, and training/development support. Training/development support is charged at an hourly rate and a quote will be provided before any charges are incurred. Support is available by emailing support@clouddesk.co.nz.

Cancellation

CloudDesk Limited may cancel or restrict the Licence if the terms of this Agreement are not met by the User. If CloudDesk Limited cancels the Licence, CloudDesk Limited is also entitled to do each of the following:

  • Prevent the User from using the System
  • Take any additional action it is legally entitled to take.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CloudDesk Limited's express written consent.

Limitations of Liability

CloudDesk Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any direct, indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if CloudDesk Limited has been expressly advised of the potential loss.

Use of Cookies

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information you've provided to them or they've collected from your use of their services.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Definitions

In this Agreement the following definitions apply:

Expiry Date means the earliest of any the following dates or events in respect of each Licence purchased by the User:

  • One (1) month from the purchase date in the case of a Monthly Licence.
  • Twelve (12) months from the purchase date in the case of an Annual Licence.

Intellectual Property Rights means all rights conferred by law in and in relation to registered and unregistered trade marks, business names, trade names, logos and get up, confidential information, copyright, patents, designs, or any rights to registration of such rights existing in New Zealand or any other Country created at any time relating to the System.

Licence means the licence granted by CloudDesk Limited to the User in this Agreement.

System means the application known as 'CloudDesk' supplied to the User by CloudDesk Limited from time to time. It includes the website, downloadable applications, User Guides and any associated training material or technical literature provided by CloudDesk Limited to the User relating to that application.

User Guide means the manual of procedures made available to the User by CloudDesk Limited from time to time to be used in conjunction with the System.

User means an individual person associated with the email account registered with clouddesk.co.nz. For the purposes of this licence email addresses cannot be shared by more than one individual person.

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