1. Acceptance of terms and conditions
These terms and conditions are the terms on which Master Tracker allows you access to the web site and to use its features and facilities, including the non-public features and facilities. By registering as a Registered User at Master Tracker you accept these terms and conditions. If at any time, regardless of whether or not you are a Registered User, you do not accept these terms and conditions as they may be amended from time to time, you must refrain from entering the website and from using any of its features and facilities. Discontinuing your use of the website and any of its features and facilities does not release you from any previously agreed obligations.
2. Amendment of terms and conditions
These terms and conditions may be amended in whole or in part by Master Tracker from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued accessing of the website and use of its features and facilities, including the non-public features and facilities, represents your agreement to be bound by the terms and conditions as amended.
In these terms and conditions the following expressions have the meanings set out:
‘Licensed Facilities’ and/or ‘Licensed Features’ means the facilities and features that we may make available to you from time to time which are only accessible after logging in to the secure portion of the web site;
‘Master Tracker’ means Master Tracker Limited;
‘Registered User’, ‘you’ and ‘your’ are a reference to you regardless of whether you are an individual, sole trader, partnership, company, body corporate, or organisation;
‘User Identification’ means the code or password issued by us to you, which enables you to access the Licensed Facilities and Licensed Features;
‘User Profile’ means the information relating to you provided by you to us which we require to enable you to access the Licensed Facilities and Licensed Features;
‘we’, ‘us’ and ‘our’ are a reference to Master Tracker Limited;
‘web site’ means any Master Tracker web site through which the Licensed Facilities and Licensed Features are offered.
4. Becoming a Registered User
4.1 You undertake that you will provide complete, accurate and current personal information when applying to become a Registered User.
4.2 We reserve the right to decline to accept your application without entering into further discussions with you.
4.3 When applying to become a Registered User you must nominate a User Identification. Upon receipt of payment of the fee for access to the Licensed Facilities and Licensed Features we will, at our election, either confirm your nominated User Identification, or issue you with a User Identification of our selection which allows you the level of access that we have agreed to provide for the time period we have agreed.
4.4 When the period of access to the Licensed features and Licensed Facilities that we had agreed to provide is approaching expiry we will send you a renewal reminder email to the email address you provided to us when applying to become a Registered User, or if you have updated that email address in your Registered User profile, then to that updated email address.
4.5 If you do not renew your status as a Registered User by paying the renewal fee required within 14 days of the expiry of the previously agreed period then, at our sole discretion, your user profile will be suspended. If you subsequently wish to become a Registered User again you must re-apply and pay the applicable fees and all previous information will be reinstated under that username unless you have specifically asked us to delete all information.
5. Your Obligations as a Registered User
5.1 You acknowledge that the right to use the Licensed Facilities and Licensed Features is non-exclusive and is subject to these terms and conditions. It is personal to you and can not be transferred, sold, leased, licensed, rented, loaned or otherwise transferred, with or without consideration, to a third party.
5.2 You will not permit third parties to benefit from the use or functionality of the Licensed Facilities or Licensed Features via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the applicable price list and is consistent with the fee that you have paid.
5.3 You are responsible for keeping your User Identification information, including your email address and password, secret and secure. Without limiting the foregoing, and except as expressly contemplated or as is necessarily consistent with the category of Registered User fee that you have paid as set out in the applicable price list, you agree:
a. not to permit any other person to use your user name;
b. not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to the Licensed Facilities or the Licensed Features using your User Identification; and
c. to at all times use all reasonable efforts to ensure that no improper or unauthorised use of your User Identification is made.
5.4 You must not attempt to damage, interfere or harm the web site, Licensed Facilities, the Licensed Features, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site, any of the Licensed Facilities or any of the Licensed Features for any purpose.
5.5 You must not and must not permit others to:
a. Copy the whole of the web site or any of the Licensed Features or Licensed Facilities nor create derivative works based upon the web site, any of the Licensed Features or any of the Licensed Facilities;
b. Alter the Licensed Facilities or the Licensed Features;
c. Use any of the Licensed Facilities or the Licensed Features or the web site for any purpose not expressly contemplated under these terms and conditions;
d. Use the Licensed Facilities or the Licensed Features or the web site in any manner that infringes the intellectual property rights or other rights of Master Tracker or any other party; or
e. Reverse engineer, decompile, or disassemble any software associated with the Licensed Facilities, the Licensed Features or the web site.
5.6 We reserve the right from time to time to require you to select a new User Identification. We will either notify you of this requirement by sending you an email containing a link to a webpage at which you can select the new User Identification, any such email being sent to the email address in your Registered User profile, or we will notify you via pop-up when you next login. You must select a new User Identification and have that new User Identification confirmed by us before you can continue to use any of the Licensed Facilities or the Licensed Features.
6.1 Without limiting the foregoing, Master Tracker may cancel your User Identification and remove your access to the Licensed Features and Licensed Facilities if a serious complaint or multiple complaints are received about you from any user of the web site and we, at our sole discretion, deem your behavior to be unacceptable.
6.2 Without limiting any other rights and remedies available to us, Master Tracker may limit your activities on the web site, issue a warning to you, suspend or terminate your access to the Licensed Features and Licensed Facilities if you breach these terms and conditions.
6.3 Disclosure of your User Identification to a third party by conscious act or through negligence is a breach of these terms and conditions and may, at our sole discretion, lead to cancellation of your User Identification.
6.4 If you fail to pay any money due under these terms and conditions, we may cancel your User Identification.
7. Fees/Cancellation Policy
7.1 We charge fees for the use of the Licensed Features and Licensed Facilities.
7.2 Any fees are charged at the time of becoming a Registered User and are not refundable, as you have the option to use a one-month free trial prior to signing up to become a full paying member.
7.3 We reserve the right to change the fees charged for any of the Licensed Features and Licensed Facilities at any time. In the event that we introduce a new Licensed Feature or Licensed Facility, the fees for that new Licensed Feature or Licensed Facility are effective at the launch of the new Licensed Feature or Licensed Facility, unless otherwise stated.
7.4 If you are a New Zealand resident, then all fees are inclusive of Goods Services Tax and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and include Goods Services Tax.
7.5 Before becoming a Registered User you should review Master Tracker ’ fee structure to ensure you are aware of the fees that you will incur.
7.6 You must pay the fees immediately upon demand by Master Tracker.
7.7 Cancellation policy: as stated under 7.2 any fees are charged at the time of becoming a Registered User and are non-refundable, we recommend the use of our trial period prior to registering.
8.1 You expressly understand and agree that your use of the Licensed facilities and the Licensed Features is at your sole risk. The web site, Licensed Features and Licensed Facilities are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting clause 9.3, Master Tracker disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 Master Tracker does not warrant that:
a. access to the Licensed Features and Licensed Facilities will be uninterrupted, timely, secure, or error free, or;
b. that any information provided on the web site is error-free or reliable.
8.3 No advice or information that is obtained by you from Master Tracker or anyone else shall create any warranty by Master Tracker that is not expressly stated in these terms and conditions.
9.1 You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Master Tracker to you or any other person under or in connection with these terms and conditions, or in connection with any of the Licensed Features or Licensed Facilities, this web site, or your use of or inability to use, any of the Licensed Features or Licensed Facilities or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Master Tracker’ liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
9.2 Without limiting the foregoing, under no circumstances shall Master Tracker be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
9.3. To the full extent permitted by law and other than as specifically set out in this agreement, Master Tracker excludes all implied and express terms, conditions and warranties, including warranties as to the fitness of any of the Licensed Features or Licensed Facilities or web site for a particular purpose.
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, or arising out of any content or item you make available using any of the Licensed Features or Licensed Facilities.
11. Alterations/Modifications to any of the Licensed Features or Licensed Facilities or the Web Site
We reserve the right to alter or modify any of the Licensed Features or Licensed Facilities or the web site from time to time, which may include the addition or withdrawal of features.
12. System Integrity
We will use our reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, and without prejudice to clause 9.2, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the web site or any of the Licensed Features or Licensed Facilities being unavailable. Further, we assume no responsibility for the corruption of any data or information held by us.
13. Force Majeure
Without prejudice to clause 9.2, Master Tracker has no liability for any lack of performance, unavailability or failure of any of the Licensed Features or Licensed Facilities or the web site, or for any failure of Master Tracker to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Master Tracker.
14. No Waiver
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
15. Partial Invalidity
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
16. Governing Law
These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
17. Intellectual Property Rights
Master Tracker (or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the any of the Licensed Features or Licensed Facilities and the web site. You may not without our prior written permission, in any form or by any means:
a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
b. Commercialise, copy, or on-sell any information, or items obtained from any part of this web site.
For the avoidance of doubt the prohibitions contained within this clause are not intended to interfere with a Registered User’s ability to use the Licensed Facilities and Licensed Features in a manner otherwise expressly contemplated by this agreement or inherently reasonably necessary to the give effect to the intended use of those Licensed Facilities and Licensed Features.
18. Entire agreement
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
19.1 Master Tracker collects personal information about you through your use of the Licensed Features or Licensed Facilities and the web site, including:
a. your registration details; and
b. information relating to your use of the web site and the content you access.
19.2 You agree that Master Tracker may use the personal information we have collected as detailed in clause 19.1 above to assist us to provide services to you, for internal research purposes, to verify your identity, for promoting and marketing other Master Tracker products and services to you, and for any other use that you authorise.
19.3 We will not sell or allow third parties to access your personal information without your consent, however you agree that Master Tracker may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this agreement at any time.
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