H2knOw-how Data Management Platform
Terms & Conditions of Use
These terms are binding on any use of the Services accessed on this website. We (Mott MacDonald) reserve the right to amend these terms and conditions from time to time. We will notify you of all such amendments, which shall be effective immediately.
1.2. In providing the Services we obtain and rely on certain information from you, from third parties and other sources. We cannot guarantee the accuracy or completeness of such data nor can we assume any responsibility for the analytical, historical and statistical information provided to you as part of or through your access to or use of the Services.
2. Permission to Use the Services
2.1. You may access and use the Services only for your own use and provided that all payments relating to the Services are made as and when they are due.
2.2. You acknowledge that we may, in our sole discretion and at any time, or from time to time, change or discontinue providing any part of the Services and our sole liability in such case shall be to refund any amounts previously paid by you with respect to any portion of the Services that we discontinue.
3. Your Obligation
3.1. By using the Services you agree to abide by all applicable local, national and international laws and regulations and not, nor allow or facilitate a third party, to violate any rights, data or information of others or the operational security mechanisms of the Services or to allow third parties to use or exploit the Services, in any manner whatsoever.
3.2. Without limiting the foregoing, you may not:
3.2.1 use the Services to promote, conduct, or contribute to fraudulent or illegal activities;
3.2.2 infringe on intellectual property rights (including, without limitation, copyrights and trademark rights) relating to the Services and any third party content or resources;
3.2.3 disrupt, circumvent, self-customise, or interfere with any part of the Services or attempt to circumvent any protection mechanism in the Services or any component thereof;
3.2.4 alter, modify, delete, forge, frame, hyperlink or otherwise interfere with or in any manner compromise the Services or any content, programming, advertising, services or features contained in or through the Services, including without limitation any data, text, images, sounds, video, content, programming, logos, trademarks, service marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears as part of the Services.
3.2.5 access or use, or attempt to access or use, any of our H2knOw-how systems, programs or data that you are not authorised to access or use, or bypass or attempt to bypass any registration or User ID authentication processes, or any other security mechanisms, included in or part of the Services.
3.2.6 decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Services.
3.2.7 copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell or create derivative works of any portion of the Services or any component or software included within or embedded in the Services.
3.2.8 use the Services in any manner which is contrary to its intended purpose or which is not specifically authorised by us.
4.1. Access to the Services requires registration and as part of the process you will be requested to provide certain information, including a unique User ID and a password (“Registration Details”) provided to you by us. You are responsible for providing true, accurate, current and complete Registration Details, promptly updating the Registration Details to keep them accurate, current and complete and preventing access to the Services by any unauthorised person by means of use of your Registration Details.
4.2. You agree that we may, in our sole discretion, and without notice or liability to you or any third party, immediately suspend or disable your account and deny access to the Services (or any portion thereof) upon loss, theft or unauthorised use of your Registration Details, an intellectual property infringement claim by any third party, or violation of these terms and conditions.
5. End User Improvements
5.1. You agree that we may, in our sole discretion, use any improvements that you request or propose to the Services, and any feedback or ideas that you provide to us in connection with the Services in any way (“Suggestions”), including without limitation, in future modifications of the Services or advertising and promotional material relating thereto.
5.2. You hereby grant us and our successors and affiliates a perpetual, worldwide, non‑exclusive, transferable, non-revocable, sub-licensable, royalty-free and fully paid-up license, without restriction, to use, modify, create derivative works from, reproduce, distribute and display any of your Suggestions, without notice to you.
6. Intellectual Property / Trademarks
6.1. All content included in or incorporated into the Services, or that may be made available to you by us from time to time, is and remains our sole property and is protected by copyrights, trademarks, service marks and other proprietary rights and intellectually property rights and laws.
6.2. We make no claim of ownership as to the trademarks of any third party listed or appearing in the Services.
7.1. If Applicable an invoice for the service fee for the use of this website will be issued to you either monthly, quarterly or annually and you must pay all amounts specified in any invoice by the due date for payment as specified in the invoice. You are responsible for payment of all taxes in addition to the fee.
7.2. Software costs and service fees will be reviewed on an annual basis, the details of which can be provided on request.
7.3. Further payments relating to the software set up and modification for a specific project or site will be agreed with you prior and will be invoiced directly to you based on work progress and you must pay all amounts owing by the due date specified.
8. Confidential Information
8.1. For the purpose of this section “Confidential Information” means all information exchanged between us, whether in writing, electronically or orally, including the Services but does not include information which: (i) was in the public domain prior to the time of disclosure by either of us; (ii) becomes publicly available other than through unauthorised disclosure by either of us; (iii) is already in the possession of either party free of any obligation of confidentiality at the time of disclosure; (iv) is independently developed by either of us without use of, or reference to, the Confidential Information of the other; or (v) is required by law to be disclosed, provided that immediate written notice is given of the legal requirement to disclose such Confidential Information.
8.2. Both of us must take all reasonable measures to maintain any confidential information disclosed to either of us as part of the Services in confidence and will not disclose any confidential information to any third party without obtaining prior consent.
9. Disclaimer / Acknowledgement
9.1. You acknowledge and agree that your use of the Services and this website is done at your own discretion and risk and that you will be solely responsible for any resulting consequences, including without limitation any resulting damages or costs to us or any other third party.
9.2. The Services are provided on an “as is” and “as available” basis and to the maximum extent permitted by law we expressly disclaim any warranties or any kind, whether express or implied. We do not warrant that the Services or your use of this website will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as permitted by law, including without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.
9.3. For the avoidance of doubt and without limiting the foregoing, we make no warranty that the Services or your use of this website will meet your requirements or will be uninterrupted, timely, secure, or error, bug or virus free; nor do we make any representations regarding use of the results or the Services or the content in terms of its correctness, completeness, availability, accuracy, reliability or otherwise.
10. Limitation of Liability
10.1. We will not under any circumstances, to the maximum extent permitted by law, be liable under contract, tort (including negligence) or otherwise for any loss, including any loss of information or data (or the availability of the Services or any inability to use the Services) or for loss of profits or savings, or for any damage resulting, directly or indirectly, from any use of, or reliance on, the Services or use of this website.
10.2. In the event that this limitation of liability shall be for any reason held unenforceable or inapplicable you agree that our aggregate liability shall not exceed the amount paid by you for the Services (or any access to and use of this website) during the 6 month period prior to the event giving rise to such liability.
11. Breach / Termination
11.1. If you breach any of these terms and conditions or if your business becomes insolvent or goes into liquidation or has a receiver or manager appointed or if you fail to make payment of any invoices as they become due we may suspend or terminate your use of the Services and your access to the website.
11.2. Any termination of these terms and conditions is without prejudice to any rights and obligations of either of us up to and including the date of termination and you will remain liable for any accrued charges and amounts which will become due for payment before or after termination.
12.1. If any part of or any provision of these terms and conditions 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. All other remaining terms and conditions will continue to be valid and enforceable.
13. Consumer Guarantees
13.1. You warrant and represent that you are acquiring the right to access the website and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers does not apply to the supply of the Services or the use of this website.
14. Governing law
14.1. These terms and conditions will be governed by New Zealand law. Any proceedings about these terms and conditions, or the Services, or use of the website, must be brought and heard in New Zealand.