Thank you for using our Services provided by Onguard Group Limited located at 5 Norwich Quay, Lyttelton, Christchurch 8082, New Zealand.
Content means any data submitted to the Services by you.
Loss includes direct or indirect loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including exemplary and punitive damages and legal costs.
Onguard, we, us or our means Onguard Group Limited, Onguard International Limited, Onguard Limited and Onguard LCC all located at 5 Norwich Quay, Lyttelton, Christchurch 8082, New Zealand.
Services means the services provided to you by Onguard including design tools and the use of the Website.
Website means onguardseismic.com or design.onguardgroup.com or mohawk.onguardgroup.com
You means you or both you and the other person or entity on whose behalf you are acting.
An individual license is intended to provide one person access to the Services.
The following restrictions apply to this type of license:
- Only one registered user can sign into the Services.
- Only three separate devices can be used to access the Services each month.
- A user cannot access the Services concurrently from multiple devices.
- You can change the user who is assigned the access to the Services once every calendar month by emailing firstname.lastname@example.org.
You must provide true, current and complete information when using the Services, and you must promptly update that information as required so that the information remains true, current and complete.
If you are given a User ID, you must keep your User ID secure and not permit any other person to use your User ID. You must immediately notify us if you become aware of any disclosure or unauthorised use of your User ID.
You must not act in a way, or use or introduce anything (including any virus, spyware or other similar feature) that in any way compromises, or may compromise, the Website or otherwise attempt to damage or interfere with the Website or any Services.
The Services may provide you with the ability to add, create, upload, submit, distribute or post (“Submit”, “Submitting” or “Submission”) content, articles, data, text, photographs, images, illustrations or other information on or to the Services (collectively the “User Submissions”). By way of example, and not as a limitation, User Submissions may be Submitted when you request the Services to:
- Identify, resolve, copy or import content stored on your or a third party’s computer system;
- Enter information into the interface of our services;
- Save or store your comments, edits or annotations to content accessible through the Services; or
- Share with another person any content stored on your or a third party’s computer system.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content was Submitted.
Onguard will not be liable for any errors or omissions in any User Submissions, and may delete, modify or reformat any materials, content or information Submitted by you.
Onguard does not endorse and has no control over any content Submitted to the Services. Onguard cannot guarantee the authenticity of any User Submission. You acknowledge that all Content accessed by you in connection with your use of the Services is at your own risk and you will be solely responsible for any damage or loss, either direct or indirect, to any party resulting from your access to or your inability to access such Content.
Our Services analyse and process your user submissions into another form. Our Services may store information about the analysis and processing of this user submission content for the purpose of improving and developing our Services.
MISUSE OF OUR SERVICES
Onguard (and it’s licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings and videos), and the Services.
In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
For the avoidance of doubt nothing in this terms and conditions shall constitute or imply a partnership between Onguard and You.
TERMINATING OUR SERVICES
You can stop using our Services at any time. Onguard may also stop providing Services to you or add or create new limits to Services at any time. If you wish to terminate your account, please contact email@example.com.
OUR WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them.
By signing up, you consent to subscribe to our mailing list, which we will use to keep you informed with developments of our Services.
Other than as expressly set out in these terms or additional terms, neither Onguard nor its suppliers or distributors make any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. We provide the Services “as is”.
LIABILITY FOR OUR SERVICES
Where permitted by law, Onguard, and Onguard’s suppliers and distributors, will not be liable for any Loss. This non-liability includes damage caused by third party software that is used to operate the Services.
BUSINESS USES OF OUR SERVICES
You acknowledge that using the Services for business purposes means that the Consumers Guarantees Act 1993 does not apply.
ABOUT THESE TERMS
The laws of New Zealand will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services, will be litigated exclusively in New Zealand and you and Onguard agree to the exclusive jurisdiction of those courts.