Terms of Usage and Privacy Policy

Please review the following terms and conditions concerning your use of this website.

We, Gentrack, its associated companies, its subsidiaries, its immediate holding company and its ultimate holding company ("We" or "Gentrack") welcome you to this web site ("Web Site").

The following terms and conditions ("Terms and Conditions") set out the rules for how Gentrack run the Web Site. By accessing this page and using the Web Site you acknowledge that you have read, understood and agree to be bound by and comply with the Terms and Conditions.

We reserve the right to change these Terms and Conditions at any time without notice by posting changes on the Web Site. It is your responsibility to familiarise yourself with the Terms and Conditions regularly to ensure that you read any changes. Your continued use of the Web Site after a change has been posted will signify your acceptance of the modified Terms and Conditions. If you do not agree with the Terms and Conditions please do not use this Web Site.

1. USE OF THE WEB SITE
The Gentrack logo, the Gentrack Velocity logo, and other Gentrack products referenced in the Web Site are trademarks of Gentrack("Gentrack Logos"), and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols ("Third Party Logos") may be the trademarks of third parties. All materials provided on this Web Site, including but not limited to information, documents, products, Gentrack Logos, Third Party Logos, logos, graphics, texts, text files, video files sounds, images, software, and services ("Materials"), are owned either by Gentrack or by third parties ("Third Party Providers"). All rights are reserved. Please do not use the Web Site in any way that may infringe the Intellectual Property Rights in the Materials. ("Intellectual Property Rights" means copyright and all other intellectual property rights whether or not registered including patents, trade marks, service marks, trade names, design rights, rights in any format or presentation (including its look, feel, visual or other non-literal elements), any applications for the protection or registration of these rights and all renewals and extensions of them throughout the world). This means that none of the Materials or any part of this Web Site may be adapted, copied, extracted, reutilised, reproduced, broadcast, distributed, republished, downloaded, displayed, posted, transmitted, or retransmitted in any form or by any means, including but not limited to electronically, mechanically by photocopying or by recording without the prior express written permission of Gentrack or the appropriate Third Party Provider. Also, you may not reproduce or copy any part of this Web Site onto any other server without Gentrack's prior express written permission. Except where expressly provided otherwise by Gentrack, nothing on this Web Site shall be construed to confer any licence of Gentrack's or any Third Party Provider's Intellectual Property Rights, and you acknowledge sole responsibility for obtaining any such licenses. Gentrack does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Gentrack. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Gentrack. This Web Site is designed to provide information only, and is not designed to carry out any commercial transactions.

2. LINKS TO THIRD PARTY WEB SITES
This Web Site may contain links to web sites controlled by parties other than Gentrack. Gentrack is not responsible for, does not control, does not endorse or accept any responsibility for the content or appropriateness of the content of, or use of these third party web sites. Gentrack cannot be held responsible for such content, or from any detrimental impact which you may suffer, or for any processing errors or viruses that may arise from access to such third party web sites. Gentrack is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gentrack of the linked web site. Use of third party web sites by you is done so entirely at your own risk and it is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature. These Terms and Conditions do not apply to any third party web site linked to the Web Site or any other Gentrack web sites. You should read and accept the terms and conditions of those web sites before using them and direct any questions or comments about the linked web site's contents to the relevant web site provider.

3. RESTRICTION OF SOFTWARE USE
Any software that may be made available to download from this Web Site ("Software") is owned by Gentrack or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("Licence Agreement"). An end user agrees to the Licence Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the Licence Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the Licence Agreement is expressly prohibited. The Software is warranted, if at all, only according to the terms of the Licence Agreement. Except as may be expressly warranted in the Licence Agreement, Gentrack shall have no other liability whatsoever whether in contract, tort or otherwise as regards the quality or fitness for purpose of the Software and all other representations, conditions, warranties and terms in respect thereof whether express or implied, statutory or otherwise are excluded save to the extent that the same are not capable of exclusion at law.

4. OFFENSIVE MATERIAL
Where you are given the facility to enter information onto, or communicate via, the Web Site. Gentrack ask you to conduct yourself in a lawful and civil manner. You agree to use the Web Site for lawful purposes only and that you may not use or allow others to use the Web Site to: 4.1 store, reproduce, transmit, communicate or knowingly receive any material which is offensive, racist, abusive, indecent, defamatory, obscene or menacing; 4.2 post or transmit any material that you do not have worldwide copyright ownership or full permission from the copyright owner or similar; 4.3 post, transmit or link to any sexually explicit material; 4.4 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or any entity; 4.5 post or transmit statements that are intentionally false or misleading; 4.6 post or transmit any advertising, promotional materials or other forms of solicitation; 4.7 collect or store any personal information about an individual; 4.8 enter into personal correspondence with any individual with the purpose of offering them a service or product; or 4.9 post or transmit any material which suggests or encourages illegal activities. Gentrack may remove any material submitted to the Web Site in our sole discretion, or when requested to do so by any person, that we believe infringes these Terms and Conditions. As a user of the Web Site you will indemnify and hold Gentrack harmless against all costs, claims, liability, expenses (including legal expenses) damages and losses incurred by Gentrack as a result of your infringement of this clause whether arising under contract, tort, statute or otherwise.

5. DISCLAIMER
Except where expressly provided otherwise by Gentrack, the Materials on this Web Site are provided "as is", are experimental, and are for non-commercial use only. Gentrack cannot be held responsible for any damage that results from the use of the information provided on the Web Site, and shall have no liability whatsoever whether in contract, tort or otherwise as regards the quality or fitness for purpose of the Materials or any Software, the accuracy, completeness, or truth of any of the information contained in the Web Site or for any reliance placed by any person on the information in the Web Site, and all other representations, guaranties, conditions, warranties and terms in respect thereof whether express or implied, statutory or otherwise are hereby excluded save to the extent that the same are not capable of exclusion at law.

6. LIMITATION OF LIABILITY
Gentrack shall not be liable for any damages suffered as a result of using, modifying, contributing, printing, copying, distributing, or downloading the Materials. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the Web Site and you will not make a claim against Gentrack for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials. Save in respect of death, personal injury or fraud, Gentrack shall not be liable to you for any of the following (whether or not you were advised of, or knew of, the possibility of such losses) whether arising from any claim under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise arising out of or in connection with the use of the Web Site including without limitation:
6.1 any indirect, special or consequential losses; 6.2 any loss of business, data, profits, revenue, goodwill, use, or anticipated savings;
6.3 any damage suffered by you as a result of an action brought by a third party arising from any use, or inability to use, any Material; or
6.4 loss or damage to you, or any third party's, data or records.

7. LOCAL LAWS
. You acknowledge and agree that the use of this Web Site and the use of the Materials are subject to New Zealand laws and regulations.

8. GENERAL
This Web Site may include inaccuracies or typographical errors and Gentrack do not give any warranty that the Web Site will be available at all times or will be free from interruption or error. Gentrack and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. These Terms and Conditions will be governed by and construed in accordance with the laws of New Zealand. Disputes arising in relation to the same shall be subject to the exclusive jurisdiction of the courts of New Zealand. These Terms and Conditions represent the entire understanding relating to the use of the Web Site and supersede all other statements, representations or warranties (whether written, e-mail or oral) made by Gentrack. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by Gentrack.

9. GENTRACK PRIVACY POLICY
Gentrack is committed to protecting your privacy. This statement sets out how we will treat your personal information ("Personal Information") when you visit the Gentrack Web Site ("Web Site").
9.1 Collection and Use of Personal Information. You may visit the Web Site to view the information held there and, whilst doing so, you may remain anonymous. Although you do not give any Personal Information whilst remaining anonymous, Gentrack may record the type of browser and the operating system that you use to access the Web Site, any pages accessed during your visit and the number of visits you make to the Web Site. Gentrack do this to ensure that the Web Site provides relevant information and to improve the overall quality of its services. Personal Information will only be collected with your consent. Examples of Personal Information include your address, e-mail address, telephone number, and country of residence. Gentrack may use your Personal Information from time to time to advise you of any new products or services which are available on the Web Site or otherwise from Gentrack. If you do not wish to receive any marketing information about such services you may request that your details are excluded from any promotional activity by clicking in the box provided.
9.2 Cookies. Cookies are small files of information which are stored on your PC's hard drive ("Cookies"). Cookies do not contain any Personal Information about you but allow our web server to recognise you when you visit the Web Site. However, if you do not wish us to use this information you may set up your website browser to reject Cookies.
9.3 Data Protection. Gentrack Ltd (NZ) , who operate this Web Site on behalf of Gentrack are registered under, and your Personal Information is protected by, the Data Protection Act 1998 ("Act"). Under the Act Gentrack is legally obliged to process your Personal Information lawfully and fairly and in such a way that it is kept secure. You may request a copy of any of your Personal Information that we hold by contacting us at marketing@Gentrack.com and paying the requisite fee prescribed under the Act. Additionally, you may require Gentrack to correct any mistakes in any of your Personal Information.
9.4 European Economic Area. Because of the nature of the Internet, when Gentrack process your Personal Information in order to respond to your enquiry it may be passed to countries outside the UK and the European Economic Area. You give us your consent to process your Personal Information by passing it outside of the UK and the European Economic Area. If you do not consent, you should not use the Web Site.
9.5 Contact from other users. Gentrack respect your privacy as set out in these Terms and Conditions however, as the Web Site is theoretically accessible by any user of the Internet (although we do take security measures to avoid this) you should be aware that when you voluntarily disclose Personal Information on the Web Site it may be collected and may result in unsolicited messages from other internet users.

This web site is provided by:
Gentrack Limited
PO Box 3288
Auckland 1140
Telephone: +64 9 966 6100
E-mail: info@Gentrack.com

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