Onguard Terms of use

Thank you for using our Services provided by Onguard Group Limited located at 5 Norwich Quay, Lyttelton, Christchurch 8082, New Zealand.

By using our Services, you agree to be bound by these Terms of Use. Where your access and use of the Services is on behalf of another person or entity, you confirm that you are authorised to, and do in fact, agree to these Terms of Use on that person’s or entity’s behalf and that, by agreeing to these Terms of Use on that person’s or entity’s behalf, that person or entity is bound by these Terms of Use. Please read them carefully.

If you do not agree to these Terms of Use, you are not authorised to access and use the Services, and you should immediately stop doing so.

If you register for a free trial for our Services, the applicable provisions of these Terms of Use will also govern that free trial.

DEFINITIONS

In these Terms of Use:

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.

Privacy Policy means Onguard’s privacy policy available on the Website titled Onguard Privacy Policy.

Services means the services provided to you by Onguard including design tools and the use of the Website.

Terms of Use means these terms and conditions titled Onguard Terms of Use.

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.

CHANGES

Onguard may change these Terms of Use at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to access and use the Website and Services, you agree to be bound by the changed Terms of Use.

These Terms of Use were last updated on 17 July 2019.

INDIVIDUAL LICENSE

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 design@onguardgroup.com.

YOUR OBLIGATIONS

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.

You indemnify Onguard against all Loss Onguard suffer or incur as a direct or indirect result of your failure to comply with these Terms of Use, including any failure of a person who accesses and uses our Website by using your User ID.

PRIVACY POLICY

Onguard’s Privacy Policy explains how we deal with your personal information and how your privacy and personal information is protected when using the Services. By accessing the Website and using the Services, you consent to the terms of the Privacy Policy and agree to be bound by it.

USER SUBMISSIONS

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:

1. Identify, resolve, copy or import content stored on your or a third party’s computer system;
2. Enter information into the interface of our services;
3. Save or store your comments, edits or annotations to content accessible through the Services; or
4. Share with another person any content stored on your or a third party’s computer system.

You represent and warrant that the use or other exploitation of any User Submissions by you as contemplated by these Terms of Use will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. Except in the case of User Submissions containing content exclusively in the public domain, you represent and warrant and can demonstrate to Onguard’s full satisfaction upon request that:

1. You own or otherwise control any and all rights or licenses required in order to Submit all content in your User Submissions and to permit Onguard to use such content as contemplated by these Terms of Use; and
2. You have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use.

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.

If you have chosen to make your information publicly available, you understand that Onguard may share User Submissions with third parties in connection with your use of the Services, and that Onguard cannot and does not control any such third parties. You acknowledge that Onguard makes no representation or warranty regarding the privacy of any User Submissions and that you have no expectation of privacy with respect to any User Submissions unless expressly provided otherwise by the Privacy Policy.

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.

You can find more information about how Onguard uses, protects and stores content in the Privacy Policy.

MISUSE OF OUR SERVICES

Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our Terms of Use or policies, or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access other than which already belonged to you. You may not use content from our Services unless you obtain Onguard’s permission or are otherwise permitted by law. These Terms of Use do not grant you the right to use any of Onguard’s branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with 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 design@onguardgroup.com.

All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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.

To the extent permitted by law, the total liability of Onguard and its suppliers and distributions for any claims under these Terms of Use, including for any implied warranties, is limited to the period you have a valid subscription with the Services. You will indemnify Onguard for any Loss including any costs associated with defending any claim (including but not limited to legal costs) that occurs as a result of your error or a breach of these Terms of Use.

BUSINESS USES OF OUR SERVICES

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Onguard and its affiliates, officers, agents and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms of Use.

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.