This User Agreement (“Agreement”) is between the user (“You”) and Ng and Ong Limited, trading as ClinkID (“Us”, “We”). The agreement governs your use of our service offering, ClinkID.
Subject to the terms and conditions of this Agreement, we grant you a nonexclusive, nontransferable license to use our online research tool, ClinkID (the “Service”):
for thirty days (the “Trial Period”) for the purpose of testing and evaluating the Service; and
after the Trial Period has expired, for the period allowed by the access fee you have paid under our charging structure and policies (“Plans and Pricing”).
As your license is nontransferable, you may not share your username and password with another individual.
This Service is in continual development. As such, the Service may be modified or may not operate correctly from time to time. The service and documentation are provided “as is” without warranty of any kind. The entire risk arising out of the use or performance of the Service remains with you.
We will not be liable for loss of use, lost profit, cost of cover, loss of data, business interruption, or any other damages arising out of or related to the Service or this Agreement. If you pay an access fee to us, our liability will be limited to one month’ s access fee paid by you.
From time to time, we may introduce ‘ beta’ features to the Service. Beta features are not at the level of performance of a commercially available product offering. The beta features may not operate correctly and may not continue to be offered or released commercially in the future.
You will only use the Service for a genuine business purpose. You will not use theService or any content provided by it (including any public data and information):
For any unlawful purpose;
To engage in offensive activity;
For direct marketing purposes; or
In a way that would cause Land Information New Zealand or the Ministry of Business, Innovation and Employment (MBIE) to breach their obligations under the Privacy Act 1993.
In using the Service, you will be accessing public information contained in public registers made available by MBIE under its API Access Agreement (June 2018). You agree to comply with the terms of MBIE’s access agreement.
You permit us to gather usage data for the following purposes:
evaluating the performance, functionality, usability and use of the Service;
to identify abuse or inappropriate use of the Service;
to comply with any statutory requirements; and
to comply with requests from law enforcement agencies.
We will treat your usage data as confidential and will not share any usage data that identifies you with any third party, except for the reasons set out in clause 8.
You agree to be contacted about the Service, including offers, marketing material and technical information such as changes to the Service or system outages, and for feedback about the Service.
You must pay a subscription fee to continue using the Service after the Trial Period has expired.
We will not charge you an subscription fee unless you agree to be charged by providing us with payment details;
If you agree to be charged:
Subscription fees will be charged in accordance with the Plans and Pricing described on our website;
We will make a recurring charge to your credit card for one month’s access to the Service in advance; and
You will be charged subscription fees for any team members added to your user account on the same basis as your subscription.
We will give you at least one month’ s notice of any changes to our Plans and Pricing that affect you; and
If you cancel your subscription, we will stop any recurring charges to your credit card scheduled to occur after the date of your cancellation. You will be able to continue using the Service until the date of your next scheduled payment.
You agree that nothing contained in this Agreement will be construed as granting any ownership rights to any Confidential Information disclosed under this Agreement, or to any of our intellectual property. You will not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information or the Service. You will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information or the Service.
“Confidential Information” means all non-public or confidential materials and information we provide or make available to you, including products and services, information regarding technology, know-how, processes, software programs, research and development.
We may terminate this Agreement and your use of the Service without notice if you breach the terms of this Agreement, or if we reasonably believe you have breached the terms of this Agreement.
Your obligations under this Agreement will survive any termination of this agreement. You will not assign or transfer any rights or obligations under this Agreement without our prior written consent.
We may amend this Agreement at any time. We will indicate on our website which version of this agreement is current and when it was last amended.
This Agreement is governed by the laws of New Zealand.