Terms and Conditions
Effective date: Apr 11, 2022 — ver. 1.00
Summary of Changes
The licensee must use the Product(s) and Services for lawful purposes only and must not copy, reproduce, translate, decompile, reverse engineer, resell, modify, vary, sub-license or otherwise deal in the Product and/or Service except as expressly provided for in the Agreement;
The licensee must ensure that only Permitted Users may access or use the Product and/or Service. The Licensee may authorise any member of its personnel to be a Permitted User, provided that the maximum number of users set out in the Order or Terms is not exceeded;
The Licensee must pay the Fees to DOT for the provision of the Product and/or Service;
DOT owns all Intellectual Property Rights in the Product(s) and/or Services and the Documentation; all data, code, business information, ideas and concepts, designs and know-how associated with the Product; or any other material created.
Each party must keep confidential at all times the Confidential Information of the other party and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use;
Each party warrants that it has full power and authority to enter into and perform its obligations under the Agreement which, when accepted, will constitute binding obligations on the warranting party.
The Licensee accesses and uses the Product(s) and/or Services at its own risk; and DOT is not liable or responsible to the Licensee or any other person for any claim, damage, loss, liability and cost under or in connection with the Agreement, Product(s) and/or Services or the Licensee’s access and use of (or inability to access or use) the Product(s) and/or Services. This exclusion applies regardless of whether DOT’s liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
The Agreement starts on the Effective Date and continues until terminated in accordance with its terms;
Either party may terminate the Agreement upon 20 days business notice or upon material breach of the Licence terms.
All parties must use best efforts to resolve any dispute under, or in connection with, the Agreement through good faith negotiations.
Neither party is liable to the other for any failure to perform its obligations under the Agreement to the extent caused by Force Majeure, provided that the affected party: immediately notifies the other party and provides full information about the Force Majeure; uses best efforts to overcome the Force Majeure; and continues to perform its obligations to the extent practicable.
Except as set out otherwise in the Agreement, any variation to the Agreement must be in writing and signed by both parties. Any new orders of Product(s)/Services or additions to subscribers must be made in writing to Dot Loves Data.
The Privacy Act 1993 guides how DOT manages any personal information it receives. We follow the privacy principles (set out in the Act) when collecting, storing and using personal information. DOT undertakes to ensure all customer data use and storage is compliant with appropriate New Zealand and International regulations, codes and legislation. All necessary steps are taken to ensure that client information remains confidential, secure and necessary suppression applied.
For the full Licence Terms and Conditions please view here.