Terms and Conditions
These Terms and Conditions (Terms) set out the terms and conditions on which LifeTrack Limited (we, our or us) agrees to permit you to access the LifeTrack portal web service (the Service), including through our website, LifeTrack, and any related websites or applications operated by us, (the Website).
By using the Services or the Website you agree to be bound by these Terms, as altered by us from time to time. If you do not wish to agree to these Terms, including any updated version of these Terms, you must stop using the Services and the Website.
INTRODUCTORY
1. Our Service
1.1. We provide the Service to help organisations give their customers (Customers) access to a Web Portal (Portal) where customers can view a) basic personal information b) insurance information c) financials information, and other related information loaded by organisation administrators (Administrators)
1.2. Organisations pay a monthly fee to access the service.
2. Eligibility
2.1. The Service is only available to persons who are 18 or older.
2.2. If you register with the Service as a business entity, you represent that you have authority to bind the entity to these Terms.
2.3. We may decline to register you with the Service for any reason and we are not obliged to state such reason.
ORGANISATIONS
This section applies where you are an brokerage or organisation signing up for the Service to provide access for your Customers (an Organisation).
3. Information
3.1. You agree that you are responsible for keeping the information connected with your account up-to-date.
3.2. You agree that, when you register for the Service, and whenever you provide us with any information, either through the Website or in any other way:
(a) all information that you provide to use will be accurate, complete and up to date; and
(b) for any personal information you provide to us about any person, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and to provide the Service.
4. Contacting customers
You acknowledge and agree that the service will contact your customers via email as part of the service provided. This will only occur via the web service as operated by you.
5. Fees
5.1. You agree to pay us the fees for the Service, as amended by us from time to time and either published on the Website or provided to you in writing.
5.2. We reserve the right to vary our fees at any time. We may correct pricing errors at any time. All fees are exclusive of any GST or other taxes, which you will pay in addition unless otherwise stipulated.
6. Indemnity
You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the Service or any of your Members’ use of the Service, any information provided by you and/or any breach of these Terms.
7. Ending the Service
7.1. When you register for the Service, you may have to sign up to a minimum period. Once that minimum period has expired, you can terminate the Service at any time by providing us at least 30 days’ written notice.
7.2. If you end your registration for the Service:
(a) you and your customers will no longer be entitled to access the Service;
8. Intellectual Property Rights
8.1. You acknowledge and agree that all intellectual property rights in the Service and our Website are owned by us or our licensors. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of this Website or commercialise or on-sell any information obtained from this Website or from us.
8.2. You agree to abide by these Terms and such other terms and conditions relating to use of our Website and any materials on our Website as we or our licensors may specify from time to time.
9. Errors and Complaints
9.1. You must contact us immediately if there is an error or omission in any of the information listed within the Service.
9.2. We will use all reasonable endeavours to correct any such error as quickly as possible, but will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or omission in the information listed within the Service.
10. Cancellation
No refunds will be given for any fees paid by you under these Terms.
CUSTOMERS
This section applies if you are an employee or other person associated with an Organisation who, with the agreement of your Organisation, has signed up to the Service in order to receive access to the Fund.
11. Entitlement to access the Portal
You agree that access to the web service is being provided to you by the Organisation which you are associated, not by us. We provide the Service, through which your access to the Portal is administered. Because of that:
(a) we are not liable for any information incorrectly loaded against your profile;
GENERAL
This section applies to all users of the Website and the Service.
12. At your risk
12.1. Transactions and all other contacts between you and other members of the Service are conducted entirely at your own risk.
12.2. You agree that we take no responsibility or liability for any misconduct of any of members of the Service, without limitation, members that have registered under false pretences or who attempt to defraud you.
13. Details
13.1. You undertake and warrant that all information you provide to us is true, up-to-date and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.
13.2. You agree not to:
(a) impersonate another person;
(b) use a false name or a name you are not authorised to use;
(c) create a false identity or provide a false address or email address;
(d) be misleading as to the identity or origin of any communications; or
(e) use the Website or the Service for any illegal purpose.
14. Compliance with policies
By using the Website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.
15. Privacy policy
Your privacy is important to us. We may gather, use and disclose information about you in accordance with our privacy policy, which may be found here. Our privacy policy forms part of these Terms, and by using the Website you agree to our privacy policy.
16. Security
16.1. We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the information you provide to us from access or use by unauthorised persons, but we provide no warranty or guarantee as to security.
16.2. You are responsible for keeping your login information, including your email address and password, secret and secure. You agree not to permit any other person to use your name or access your account and not to disclose (directly or indirectly) any information that may allow another person to gain access to your account.
17. Your profile
We reserve the right to suspend or terminate your account with the Service if we suspect that you have breached these Terms or breached any applicable law or we otherwise consider that such suspension or termination is required.
18. Website integrity
You must not attempt to damage, interfere with or harm our Website or the Service, or any network or system underlying or connected to them in any way whatsoever.
19. Amendments
19.1 We may amend these Terms from time to time. Notice of any such amendments will be announced on this Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.
19.2 Your continued use of the Service or our Website will constitute your acceptance of any changes or revisions to these Terms.
20. No Warranties
20.1. You understand and agree that your use of the Service is at your sole risk.
20.2. The Website and the Service are provided on an “as is” and “as available” basis. To the maximum extent provided by law, we disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of merchantability and fitness for a particular purpose).
20.3. Without limiting the above, we do not warrant that the Service or the Website will be uninterrupted, timely, secure, error-free or that any information provided through the Service on the Website is error-free or reliable.
20.4. All statements, information and recommendations made by us about the Service are believed to be reliable, but do not constitute a guarantee or warranty.
21. Maximum Liability
If we are found to have any liability under or in connection with these Terms, the maximum amount of our liability arising out of all claims under these Terms or relating to the Service or the Website will not in any circumstances exceed NZ$100.
22. Waiver
Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
23. Governing Law
These Terms will be governed by the law of your country of origin. You agree to submit to the non-exclusive jurisdiction of the courts of your country.