When you create an account with us, you must provide us information that is accurate, complete, and current at all times.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
You agree not to disclose your password to any third party. You must change your password immediately upon becoming aware of any breach of security or unauthorised use of your account.
We use all reasonable endeavours to maintain the availability of the Service, but we do not guarantee 100% availability.
The Service has been created with due care and skill and is fit for the advertised purpose, but we do not guarantee that the Service will meet your requirements.
The Service contains complex software. We take pride in creating great systems, but give no warranty or representation that the Service is wholly free from defects or security vulnerabilities.
3. Payment of Fees
You agree to pay any applicable fees for using the Service, in accordance with the pricing and payment terms presented on our website or in a quotation from us.
Fees which remain unpaid for 60 days after being billed are considered overdue. Failure to pay fees when due may result in your account being cancelled or downgraded.
4. Cancelling Your Service
You may cancel your account at any time by notifying us.
Upon cancellation, your right to use your account will cease.
5. Intellectual Property
You retain ownership of all content that you upload to the Service.
We monitor the content and usage of the Service for billing, performance, provisioning and support purposes.
The Service and its original content, features, and functionality are owned by Leighs Computing Limited and are protected by international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.
6. Change of Ownership
In the event of a change of ownership or other business transaction, such as a merger, acquisition or sale of our assets, your information may be transferred in accordance with applicable privacy laws.
7. Limitation of Liability
Neither party shall be liable in respect of any loss of access to the Service, any loss or corruption of software or information held by the Service, any loss of income, profits, savings or business, goodwill, or any other special, economic, indirect, incidental or consequential loss or damage of any kind.
Nothing in these Terms shall limit or exclude liability for death or personal injury resulting from negligence, or from fraud or fraudulent misrepresentation, or limit liability in any way that is not permitted under applicable law.
In no event shall a party's liability for direct damages exceed the total amount of Fees you have paid us in the last 12 months. Indemnities are included in the financial cap on liability.
This section does not apply to your liability for Fees for using the Service.
8. Limitations of Use
You agree to not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service.
You agree to not use the Service in any way that is unlawful, illegal, fraudulent, harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
You agree to pay for your costs in relation to the process of dispute resolution, and that this provision survives the cancellation of these Terms.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.