myDashboard1 Parties to this Agreement
This Agreement is between You
("Licensee") and Locating Us Limited, ("Licensor").
2 Trial Period
The first 30 Days of this License is termed
the ‘Trial Period’ and you are considered a ‘Prospective Customer’. The Trial
Period allows you to evaluate the Software. You must not use the Application to
manage a real event during this Trial Period. During the Trial Period the
License Fees do not apply. At the expiry of the Trial Period you will be
contacted by our Support Centre (or Authorised Reseller) and asked to confirm
if you wish to continue your use of the Software. Your agreement to continue
and/or your continued use of the Software means you become a ‘Licensed User’
and are bound by the terms of this Agreement.
3 Trial Termination
If for any reason we suspect you have no
intention of becoming a Licensed User we reserve the right to terminate your
trial without prejudice immediately.
4 Term
There is a minimum Term of 12 months which
commences the day after your Trial Period finishes. There is a 36 month option
and Terms beyond 36 months can be agreed to in writing between you and us or
you and our Authorised Reseller.
5 Notice to Terminate Agreement
You can terminate this Agreement by giving 30
days notice (in writing or via email). Your License will terminate and your
account will be deactivated 30 days after we receive your Notice to Terminate.
Should you terminate your License there is no refund of License Fees paid in
advance. All monies owed for the remainder of your Term must be paid in full
upon Termination. You can download all information pertaining to your account
from the Application upon termination. We will confirm, in writing, that we
have deleted all copies of your account information from our systems except
that information that we must retain for our own company records that shows you
were a Customer and we are obligated to retain by Law.
6 License Grant
The License is for the use of the web
application (“Application”) referred to as ‘whosInvited Event Management’ and
the related explanatory written materials ("Documentation") available
through the web site application. The "Application" includes any
upgrades, modified versions, and updates to the Application developed by us. "You"
means the person or company who is being licensed to use the Application or
Documentation and is defined by the person or company named as the ‘customer’
in the online registration part of the Application. "We" and
"us" means Locating Us Limited.
We hereby grant you a non-exclusive,
non-transferable, limited license to use the Application from an unlimited
number of computer or internet enabled devices, provided such use is limited to
the licensee's internal business operations. The Application is "in
use" and the license commences upon the completion of the registration
process.
7 The Application’s Purpose
The primary purpose of the Application is to
enable users to manage events including tradeshows, conferences, and meetings.
All of the features available in the Application and the use thereof are
covered by this License Agreement. All of the features available in the
Application and the use thereof are covered by this License Agreement. You
can add events any time and for any location in the world as long as those events
are under your control. The Application does not require any software to be
downloaded by you as the Application is web-based and is hosted in a secure
facility.
8 Use of Application by You
Users of the Application can only use the
Application and enter data for its intended purpose – that being the management
of events. Any misuse of the Application, by whatever means, is considered a
breach of this agreement and you indemnify us against any claim which is a
result of the misuse of the Application by your registered users.
9 Archiving of Data in the Application
Locating Us perform a full backup of all data
in the Application daily. All data in the Application related to you and your
locations and users is available upon request at any time. You are also able to
access data through the online reports available in the Application.
10 Title
This license is not a sale. We remain the
owner of all right, title and interest in the Application and Documentation.
11 Title to Customer Data
You remain the owner of all right, title and
interest of your Account Data. Such Data consists of Visitor/Attendee Records
and other Event related data created by you.
12 Privacy and Security
Locating Us Ltd's (Locating Us) policy is to
respect and protect the privacy of our users. This policy statement tells you
how we collect information from you and how we use it. Locating Us follows five
core principles of privacy protection in the operation of its Application:
1.
Notice/Awareness of Locating Us' information practices
2. Choice/Consent to provide information
3. Access/Participation to/in your own data
4. Integrity/Security of the Data Collected
5. Enforcement/Redress through self-regulation.
Please refer to the Privacy
and Security Statement in the menu.
13 Force Majeure
We are not responsible for the Application
being unavailable where the cause of the event is outside of our control. Such
events include, but are not limited to, Acts of God, Terrorism, Earthquake,
Flood, Internet Outage, Power Failure, or any other Force Majeure event.
14 License Fees
License Fees are as per the Published Rates
on our web site (http://www.locatingus.com/eventpricing). We
will accept your payment in USD, EURO, AUD (Australian), or British
Pounds.
The License Fee is payable
monthly or annually in advance. License Fees Exclude local taxes (GST, VAT
etc...).
15 Service Fees
We can provide managed services for your
event registration desk on a fixed, hourly or daily rate. Rates are available
on application.
16 Payment for Use of Application
We, or our Authorised Reseller, will contact
you at the conclusion of your 30-Day Free Trial. If you choose to become a
Licensed User you can nominate your payment frequency (Monthly, Quarterly, or
Yearly). If you are a direct Customer of Locatingus we will issue you an
invoice via email and you must pay our invoice by the Due Date to retain your
active account status.
All Invoices are sent to
the ‘Billing Address’ registered against your Organisational Profile online at http://cm.locatingus.com.
If you are a Licensed User
through one of our Authorised Resellers they retain the right to invoice on a
different cycle agreed by you and them.
17 New Services and Fees
In the event we introduce New Services and
Features that we feel require an adjustment to the License Fee or the
introduction of a new fee for that respective new feature’s use; we will advise
you 30 days prior to the new feature going ‘live’ in the Application. You are
not obligated to accept any new service or feature that requires an adjustment
to an existing fee or the introduction of a new fee.
18 Current Fee Reviews
Any adjustment to Current Fees must be issued
in writing to you at least 30 days prior to the commencement of that fee
adjustment. Such fees would not be applied until the end of the annual term of
your current License.
19 Customer Helpdesk
Locating Us operates a helpdesk to administer
user enquiries. There is no charge for this service. International Callers
call: +64 4 460 5218 (charges may apply from your local carrier). Local free call
0508 53 53 53 during normal business hours 9am to 5pm business days.
20 Reseller Helpdesk
Resellers may operate a Helpdesk to
administer user enquiries. Your Reseller will advise you of their number and
hours of availability.
21 User Training
User Training Documentation is available
via the ‘Help Centre’ link at the footer of the application dashboards. On-site
User Training is provided by request and is delivered under mutually agreed
timeframes and terms.
22 Your Acceptance of These Terms
By using this Application, you signify your
assent to this policy statement regarding online privacy.
If you do not agree to our
terms and conditions of use, then please do not use our Application. Your
continued use of the Application (accessed via secure logon at http://cm.Locatingus.com)
following the posting of changes to our Terms and Conditions will mean you
accept those changes.
If you have any questions
about the terms and conditions of use, the practices of this Web site
Application, or your dealings with Locating Us, or our Authorised Reseller, you
may contact us at the address below.
via email at info@locatingus.com
or by writing to:
Customer Services
Locating Us Ltd
P.O. Box 31648
Lower Hutt
New Zealand