Terms & Conditions

 

TrustUs is an Online System

 

Designed to enable our customers to create documentation for themselves. These terms of use (Terms) are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully. We believe TrustUs will evolve over time based on your feedback. These Terms are not intended to answer every question or address every issue raised by the use of TrustUs.

 

TrustUs reserves the right to change these Terms at any time, effective upon the posting of modified Terms and TrustUs will make every effort to communicate these changes to you via email or notification via the Website. It is likely these Terms will change over time.

 

It is your obligation to ensure that you have read, understood and agree to the most recent Terms available on our Website.

 

These Terms were last updated on 11 January 2017.

 

Cardholder Statements

 

The name advised on your payment and card holder records will be MAC Innovations NZ Limited trading as TrustUs (TrustUs, we, our, us). MAC Innovations NZ Limited is a New Zealand business and all transactions will be invoiced in New Zealand dollars.

 

Customer Service

 

Email: customer.care@trustus.co.nz

Free Phone: 0800 243576 (0800 2HELPME)

Postal Address: PO Box 105-796, Auckland City 1010, New Zealand

 

Definitions

 

Agreement means the agreement between you and us set our in these Terms.

 

Confidential Information includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including (in the case of TrustUs) the Software, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

 

Data means any data inputted by you into the Software, forms or documents within TrustUs.

 

Intellectual Property Right means all intellectual property rights including without limitation patents, trade marks, service marks, copyright, moral rights, right in a design, know-how and any proprietary rights, trade secrets or rights of publicity, privacy or confidentiality anywhere in the world whether or not registered.

 

Software means the software available (as may be changed or updated from time to time) via the Website, and includes the software used to provide the TrustUs service.

 

Website means the Internet site at the domains:

 

www.trustus.co.nz 

www.trustus.org.nz

www.trustus.net.nz

www.trustus.geek.nz

 

or any other site operated by MAC Innovations NZ Limited through which the TrustUs software is available.

 

Agreement

 

By accessing the TrustUs service via the Website and clicking that you accept these Terms you agree to comply with these Terms.

 

Use of Software

 

TrustUs grants you the right to access and use the Software via the Website. This right is non-exclusive and non-transferable and limited by the terms of this Agreement.

 

Your Obligations

 

You must only use the Software and Website for your own lawful internal purposes, in accordance with the Terms of this Agreement and any notice or condition posted on the Website.

 

Access Conditions

 

You will ensure that all usernames and passwords required to access the Software are kept secure and confidential. You will immediately notify TrustUs of any unauthorised use of your passwords or any other breach of security.

As a condition of this Agreement, when accessing and using the Software, you must:

  1. not attempt to undermine the security or integrity of TrustUs's computing systems or networks or, where the Software is hosted by a third party, that third party's computing systems and networks;
  2. not use the Software in any way which may impair the function of the Software or Website;
  3. not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Software is hosted; and
  4. not transmit, or input into the Software, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use).

 

Communication Conditions

 

As a condition of this Agreement, if you use any communication tools available through the Website (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes.  

 

You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Software including (but not limited to): offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any of our other users, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).



When you make any communication on the Website, you represent that you own the content of the communication. TrustUs is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Software. As with any other web-based forum, you must exercise caution when using the communication tools available on the Website. However, TrustUs does reserve the right to remove any communication at any time in its sole discretion.

 

Indemnity

 

You indemnify TrustUs, our affiliates, officers, directors, agents and employees against all claims, costs, damage and loss arising from, or any claim or demand made by any third party due to, your use of the software or your breach of these Terms including (but not limited to) any costs relating to the recovery of any Access Fees that have not been paid by you.

 

Confidentiality and Privacy

 

Confidentiality, unless the relevant party has the prior written consent of the other or unless required to do so by law:

  1. Each party will preserve the confidentiality of all Confidential Information of the other party obtained in connection with this Agreement. Neither party will, without the prior written consent of the other party, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by this Agreement.
  2. Each party's obligations under this clause will survive termination of this Agreement.

 

Privacy

TrustUs maintains a privacy policy.

 

Intellectual Property

 

General: Title to, and all Intellectual Property Rights in the Software and any documentation relating to the Software remains the property of TrustUs (or its 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 the Website or our Software or commercialise or on-sell any information or Software obtained from this Website of from us.

 

Data: Title to, and all Intellectual Property Rights in, the Data remain your property.  You must maintain copies of all Data inputted into the Software. TrustUs adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data.

 

Warranties and Acknowledgement

 

Acknowledgement: You acknowledge that:

  1. The provision of access to and use of, the Software is on an "as is" and "as available" basis and at your own risk, without warranties of any kind, either express or implied including, without limitation, implied warranties of title, merchantability, availability, fitness fir a particular purpose or non-infringement.
  2. TrustUs does not warrant that the use of the Software will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Software, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Software. TrustUs is not in any way responsible for any such interference or prevention of your access or use of the Software.
  3. TrustUs is not your accountant or lawyer and use of the Software should not substitute professional advice. If you have any questions, please contact an accountant or lawyer.

 

No warranties: TrustUs gives no warranty about the Software. Without limiting the foregoing, TrustUs does not warrant that the Software will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

 

Consumer guarantees: You agree and represent that you are acquiring the right to access and use the Software and entering this Agreement for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees intended to protect individuals do not apply to the supply of the Software or this Agreement.

 

Limitation of Liability: To the maximum extent permitted by law, TrustUs excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Software. If you are not satisfied with the Software, your sole and exclusive remedy is to terminate this Agreement. 

If TrustUs are found to have any liability under or in connection with these Terms, the software or the TrustUs service, the maximum amount of TrustUs' liability arising out of all claims under these Terms or relating to the software, the TrustUs service or the Website will not in any circumstances exceed the fees paid by you for the service.

 

Termination: We want you to be completely happy with your purchase so we ensure the documentation is fit for your purpose and this is agreed with you before you purchase. For this reason MAC Innovations NZ Limited will not provide any refund after five days.

 

For one-time item price adjustments MAC Innovations NZ Limited will honour a price change where we are notified within 10 days of you signing up to TrustUs. The refund amount will be made to the original form of payment.



We will not refund to match promotional discounts or coupon codes, as they do not apply to previous purchases.

 

Five day return policy: If for any reason you decide that you do not wish to continue using the Software within the first five days of agreeing to the terms of this Agreement for the first time (or a substantially similar agreement with TrustUs), you may terminate this Agreement by sending an email to tech.support@trustus.co.nz advising of the termination within 120 hours of first agreeing to the terms of this Agreement.

 

No-fault termination: This Agreement will continue for the period covered by your Access Fee paid. This Agreement will automatically continue for the same period unless either party terminates this Agreement by giving notice to the other party at least 30 days before the end of the relevant payment period (you may notify TrustUs by sending an email to customer.care@trustus.co.nz advising of the termination).

 

Termination for Breach

 

TrustUs may terminate this Agreement if you:

  1. Breach this Agreement and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  2. Breach this Agreement and the breach is not capable of being remedied (which includes (without limitation) any breach or any payment more than 30 days overdue); or

Termination of the Agreement is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will immediately cease to use the Software.

 

Help Desk

 

Technical Problems: In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting TrustUs. If you still need technical help, please email us at tech.support@trustus.co.nz

 

General

 

Entire agreement: This Agreement supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between you and TrustUs relating to the Software and the other matters dealt with in this Agreement.

 

Waiver: If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

 

Delays: Neither party will be liable for any delay or failure in performance of its obligations under this Agreement if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

 

No Assignment: You may not assign or transfer any rights to any other person.

 

Governing law and jurisdiction: This Agreement is governed by the laws of New Zealand and you hereby submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement, without reference to any conflicts of laws.

 

Severability: If any part or provision of this Agreement is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.