Katalyst Business – Terms of Use

Introduction

These Terms of Use (Terms) govern your use of the Katalyst business desktop and/or website (as applicable) (Katalyst) owned by Colin Glenn Giffney trading as Katalyst Business (we, us or our). By using Katalyst, you are deemed to have read, and agree to be bound by, these Terms.

Licence

We grant you a limited, non-exclusive, non sub-licensable and non-transferable licence to access and use Katalyst in accordance with these Terms.

Use of Katalyst

You may only use Katalyst for your own internal purposes in connection with your normal business activities and for no other purpose. We reserve the right to require the parameters of your usage to be expressly approved by us prior to granting you access to Katalyst.

You must not:

You must ensure that any user name, password login or other secure access information to the Katalyst business desktop and/or website, is kept strictly confidential at all times and is only used for the purposes it is provided for and in accordance with any instruction supplied by us. Without limiting the foregoing, you agree not to permit any other person to use, nor to disclose or provide to any other person, your user name, password login or other secure access information.

If expressly agreed with Katalyst, tertiary education providers may:

Payments

You must pay us all applicable fees and charges on the due date for payment. If you fail to make payment on time, we reserve the right (without prejudice to all our other rights) to charge you interest at 2.5% per month on the outstanding amount.

Monitoring

We reserve the right to monitor, track and record your use of Katalyst to ascertain if your use is consistent with these Terms. Anyone using Katalyst expressly consents to such monitoring, tracking and recording.

Availability

We accept no responsibility for the performance or continued availability of Katalyst, or for any corruption or loss of data or information held by us.

We may impose conditions on your use of Katalyst at any time.

We may alter, suspend or remove Katalyst at any time and deny you access to Katalyst for any reason.

Liability

We do not represent that the content on Katalyst is accurate or up to date or that it is suitable for any particular purpose. We are under no obligation whatsoever to update or correct Katalyst. We are not liable for any loss or damage which results from your use of Katalyst.

You use Katalyst at your sole risk. We are not responsible for any interference or damage to your computer system which may arise in connection with your access to or use of Katalyst.

We exclude all liability for any indirect or consequential losses or damage incurred by you or any third party in connection with your access to or use of Katalyst or the information contained on Katalyst.

Our liability for any loss or damage you incur arising out of your use of Katalyst will not exceed the amount of fees paid by you in the preceding twelve month period.

You will indemnify us for any loss or damage we incur arising out of your breach of these Terms.

Equitable Relief

Katalyst shall be entitled to equitable relief, including any injunction in the event of any breach of the provisions of these Terms, in addition to all other remedies available to it at law or in equity.

Intellectual Property

All intellectual property rights in Katalyst and all software code underlying and forming part of Katalyst are owned by us. You must not copy, store, distribute or reproduce Katalyst (or any content stored on Katalyst) except as expressly permitted by these Terms without obtaining our prior approval.

Electronic Communications

Email addresses published in Katalyst are only for the express purpose of legitimate business enquiry. The email recipients listed in Katalyst have not given, nor shall be deemed to have given, their consent to receiving commercial electronic messages from the users of Katalyst and Katalyst does not authorise the sending of such messages.

To the maximum extent permitted by law, we are not responsible for any breaches of the Unsolicited Electronic Messages Act 2007 by any user of Katalyst.

Updates

We may update or modify these Terms without giving you prior notice. Your use of Katalyst following any such amendment constitutes your agreement to be bound by these Terms as amended.

Governing Law

These Terms are governed by New Zealand law. You submit to the exclusive jurisdiction of the New Zealand courts for any matters arising in relation to these Terms.