If a user does not comply with these terms, EnterNOW may, at its discretion and with or without notice, cancel or suspend that user's account and refuse to provide services to that user.Amendments
EnterNOW reserves the right to amend or update these terms and the services it provides at any time with or without notice to users, and may also add new features that will be subject to the terms. Any user who continues to use the website or services after any changes have been made will be taken to have agreed to those changes. Users should therefore check these terms regularly.
New versions of these terms will be dated according to the date on which they took effect.Account information
In order to access and use the services, users will need to:
- Be a natural person, as accounts and user logins may not be registered or accessed via bots or other automated methods; and
- Provide certain information about themselves, including a full legal name and email address (as prompted by the Website) ("Account Information").
All users agree to provide true, accurate, current and complete account information, and to maintain and promptly update their account information in order to ensure that it remains true, accurate, current and complete.Cancellation of accounts
EnterNOW reserves the right to cancel or suspend any user's account at any time in its sole discretion, and all users are entitled to cancel their account with EnterNOW at any time. All cancellations will result in the deactivation or deletion of the user's account.
All of your data and content will be deleted from our systems within 90 days of cancellation of your account. EnterNOW is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.Confidentiality
Information you supply us or we obtain in the course of completing your work is subject to confidentiality under the Privacy Act 1993. We will not disclose information to other parties without your express consent, except as is required by law or on professional obligations.Email Database
Your name will be added to our email client database where, from time to time, we will email out information about EnterNOW or information that relates to your business. You can choose to opt out of these emails at any time.Payments
All Services are charged in accordance with the terms stated on the invoice and are non-refundable, including for partial months of services, service upgrades or downgrades or unused services in an open account.Fees
The fees charged for the services ("Fees") are subject to change by EnterNOW giving 30 days notice via Email. EnterNOW shall not liable to users or any third party for any modification to the fees.Taxes
All Fees are exclusive of all taxes (other than New Zealand GST), and the user indemnifies and holds EnterNOW harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.Services are provided "as is"
The website and services are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. EnterNOW does not warrant that:
- the services will meet your specific requirements
- the services will be uninterrupted, timely, secure, or error-free
- the results that may be obtained from the use of the services will be accurate or reliable
- the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations or any errors in the Services will be corrected.
You acknowledge that EnterNOW may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the services. The acts and omissions of those third party suppliers may be outside of EnterNOW's control, and EnterNOW does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
On behalf of itself and such third party suppliers, EnterNOW excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.Liability
EnterNOW shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EnterNOW has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services
- unauthorised access to or alteration of your transmissions or data;
- Statements or conduct of any third party regarding the services; or any other matter relating to the services.
EnterNOW's maximum aggregate liability under or in connection with this agreement shall be limited to the amount of fees paid to EnterNOW by the relevant user per month, multiplied by 12.Indemnity
Each user indemnifies, and will keep indemnified, EnterNOW against all forms of liability, actions, proceedings, demands, costs, charges and expenses which EnterNOW may incur or be subject to or suffer as a result of the relevant user's use of the services.No illegal use
No user may use the website or services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organisation.No malicious use
Users may only access the website and services through the interface provided by EnterNOW, and must not use the website or services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other user of the website or services.Intellectual property
All Users agree that EnterNOW owns all of the intellectual property rights existing in the website and services. However, EnterNOW claims no intellectual property rights in relation to the information or content uploaded to the website by users.EnterNOW branding
No user may publish or use EnterNOW's brand, branding or logos except with EnterNOW's prior written consent.Technical support and malfunctions
EnterNOW will try to promptly address (during normal business hours) all technical issues that arise on the website or in connection with the services. However, EnterNOW will not be liable for any loss suffered as a result of any partial or total breakdown of the website or any technical malfunctions resulting in an inability to use the services (either in whole or in part). You agree that EnterNOW's support team may access your account from time to time in order to diagnose and fix problems.Governing law and jurisdiction
These terms shall be governed by New Zealand law, and all users submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these terms.Our Fees/Payment Terms
Our payment terms are 10 days from date of invoice or as stated on the invoice. Any account not paid within our normal terms may incur 12% interest monthly and be handed to a collection agency and all costs associated with this collection will be added to your account.Acceptance of Terms
By accessing and using our website or service, you acknowledge and agree to these terms and conditionsQuestions
Last updated: 27 February 2016