Sensori re.view

TERMS AND CONDITIONS

These Terms and Conditions (Terms) set out the terms and conditions on which Sensori Limited (we, our or us) agrees to permit you to access the Sensori re.view (the Service), including through our website, sensori.systems, and any related websites or applications operated by us, (the Website).

By using the Service or the Website you and/or your employer (you, your) agree to be bound by these Terms, as altered by us from time to time. If you do not wish to agree to these Terms, including any updated version of these Terms, you must stop using the Service and the Website.

INTRODUCTORY

1. Our Service

1. Sensori re.view:  Online hosting of photogrammetry captures, other types of 3D data, images and notes or other documents relating to those captures, other 3D data, or images.  Interactive viewing of the hosted data and submitting of related notes and other documents.  Submission of images, video, and other data for conversion into hosted formats.

2. Eligibility

1. The Service is only available to, and may only be used by, persons who can form legally binding contracts under New Zealand law. The Service is not available to persons who are under the age of 18.
2. If you register with the Service as a business entity or on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
3. We may decline to register you with the Service for any reason and we are not obliged to state such reason.

PROJECT MANAGERS

This section applies where you are an organisation signing up for the Service as the manager of a project or projects (Project Manager).

3. Information

1. You agree that you are responsible for keeping the information connected with your account up to date. This includes making sure that the information we hold on you, your employees and contractors and all projects is correct and up-to-date.
2. You agree that, when you register for the Service, and whenever you provide us with any information or materials, either through the Website or in any other way:

1. all information and material that you provide to use will be accurate, complete and up to date, and you will provide us with all information requested;
2. you have all the rights necessary to provide the information and materials to us and for us to make the information and materials available to others through the Service; and
3. for any personal information you provide to us about any person, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and to provide the Service.

4. Contacting employees

You acknowledge and agree that we may contact third parties who have access to your projects using the information that you provide to us about them.

5. Errors and Complaints

1. You must contact us immediately if there is an error or omission in any of the information within the Service.
2. We will use all reasonable endeavours to correct any such error, but will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or omission in the information listed within the Service.

THIRD PARTIES

This section applies if you are anyone other than a Project Manager who has signed up to the Service.

6. Entitlement to access

You agree that access to projects is being provided with the consent of the Project Manager. If, at any time, that consent is withheld, your access to the relevant project will end. Because of that, you agree that:

1. we are not liable to you for any failure to provide access to any project or project materials; and
2. we are not responsible for ensuring that the information or materials relating to a project is accurate, complete or up-to-date.

7. Other terms

You agree that, when you register for the Service or provide us with any information or materials, either through the Website or in any other way:

1. all information and materials that you provide to us will be accurate, complete and up to date, and you will provide us with all information requested;
2. you have all the rights necessary to provide the information and materials to us and for us to make the information and materials available to others through the Service; and
3. you will only use the information and materials you access through the Service for which you have been permitted access by the Project Manager;
4. for any personal information you provide use about yourself, you consent to us using that personal information in accordance with these Terms and to provide the Service; and
5. for any personal information you provide to us about any person that is not yourself, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and to provide the Service.

8. Indemnity

You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your use of the Service or any of your employees’ use of the Services, any information or materials provided by you or your employees in relation to your projects and/or any breach of these Terms.

GENERAL

This section applies to all users of the Website and the Service including Project Managers or third parties.

9. Intellectual Property Rights

1. You acknowledge and agree that all intellectual property rights in the Service, our software and our Website are owned by us or our 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 this Website or our software or commercialise or on-sell any information or software obtained from this Website or from us. The restrictions in this paragraph 9.1 do not extend to your use of data you provide to us for inputting into the Service, or input into the Service yourself.
2. You agree to abide by these Terms and such other terms and conditions relating to use of our Website and any materials on our Website as we or our licensors may specify from time to time.

10. Details

1. You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.
2. You agree not to:

1. impersonate another person;
2. use a false name or a name you are not authorised to use;
3. create a false identity or provide a false address or email address;
4. be misleading as to the identity or origin of any communications; or
5. use the Website or the Service for any illegal purpose.

11. Compliance with policies

By using the Website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.

12. Privacy policy

Your privacy is important to us. We may gather, use and disclose information about you in accordance with our privacy policy, which may be found here: https://www.sensori.systems/privacypolicy

Our privacy policy forms part of these Terms, and by using the Website you agree to our privacy policy.

13. Security

1. We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the information you provide to us from access or use by unauthorised persons, but we provide no warranty or guarantee as to security.
2. You are responsible for keeping your login information, including your email address and password, secret and secure. You agree not to permit any other person to use your name or access your account and not to disclose (directly or indirectly) any information that may allow another person to gain access to your account.

14. Your account

We reserve the right to suspend or terminate your account with the Service if we suspect that you have breached these Terms or breached any applicable law or we otherwise consider that such suspension or termination is required.

15. Website integrity

You must not attempt to damage, interfere with or harm our Website or the Service, or any network or system underlying or connected to them in any way whatsoever.

16. Amendments

1. We may amend these Terms from time to time. Notice of any such amendments will be announced on this Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.
2. Your continued use of the Service or our Website will constitute your acceptance of any changes or revisions to these Terms.

17. Warranties

1. Our warranties: We warrant that:

1. the Service will be provided with reasonable skill and care and to a professional standard;
2. the Service will perform substantially in accordance with any applicable documentation provided by us.

1. Exclusions: No warranties are given under clause 17.1 where such failure to comply results from:

1. use of the Services in a manner not contemplated by Us;
2. use of the Service in conjunction with any third party software, platforms, applications or tools;
3. your failure to comply with any of its obligations under these Terms.

1. No implied warranties: You acknowledge that, save for the limited warranties given in clause 17.1 above:

1. We give no warranties in relation to the subject matter of these Terms, either express or implied, including but not limited to any warranties:

1. that the operation of the Service will be error-free or uninterrupted;
2. that the Service will meet Your requirements;
3. that the Service will be fit for any particular purpose or achieve a particular result; or
4. in relation to the accuracy, completeness, correctness or reliability of any of Your data or other information captured by Us and/or provided to You through the Services.

18. Waiver

Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

19. Governing Law

These Terms will be governed by the law of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.