Terms of use

1. You and PATtech: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say PATtech, we, our or us, we’re talking about the PATtech entity you contract with and pay fees. 

2. Our services: Our services consist of all the services we provide now or in the future, including our online products.

3. Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription.

4. People invited to use PATtech: An invited user is a person other than the subscriber who has been invited to use our services through a subscription. If you’re an invited user, you must also accept these terms to use our services.

5. User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you’re granting to invited users. 

6. The right to use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an invited user – until your access is revoked.

7. Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it.

• You can transfer a subscription.
• You control access to a subscription. You decide who’s invited to use our services you’ve subscribed to and what kind of access the invited user has. You can change or stop that access at any time.
• You’re responsible for resolving any disputes with any invited users over access to your subscription.
• You’re responsible for all your invited users’ activity.

8. Rules: Whatever your role, when you use PATtech you agree to follow the terms of use. Please read them and make sure you understand what you should and shouldn’t do.

9. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and not easily guessable. 

10. When we introduce new or revised services: Since we’re always thinking about how to make PATtech the best it can be, for new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.

11. What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

12. PATtech pricing plans: Your use of our services generally requires you to pay a monthly subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you.   Further pricing plan for other transactions will be stated at the time of the contract execution. Commissions payable to PATtech will be agreed by way of a master agreement.

We may update or amend the pricing plan from time to time. 

13. Taxes for your use of our services: You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied.

14. Importance of timely payments: In order to continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.

15. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; send you information we think may be of interest to you based on your marketing preferences; and disclose to third party service providers and partners to enable and support such purposes.

16. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into PATtech, like your name and email address.

17. Data breach notifications: Where there has been unauthorised access to personal data that you’ve entered into PATtech, we’ll let you know and, where possible, give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data you have entered in your PATtech subscription.

18. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

19. Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We may notify you if we have reason to believe that someone has accessed (or may be able to access) your account without authorisation and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

20. Account security features: We may introduce security features to make your account more secure.

21. Availability: We strive to maintain the availability of our services. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.

22. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.

23. Modifications: We will release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, or within our services when you log in).

24. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable.

25. Automatic renewal: At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan.

26. Termination by you: You may choose to terminate your subscription at any time by providing PATtech with one month’s written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination

27. Termination by PATtech: PATtech may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. PATtech may also terminate or suspend your subscription or access to all or any data immediately if:

• you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
• you breach any of these terms and the breach cannot be remedied, or
• you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

If you fail to pay subscription fees, we will take reasonable steps to notify you of the failure. Subject to the processing and payment timing of your bank or credit or debit card provider:

• if you do not pay within 7 days of the date on which the subscription fees became due and payable, PATtech may suspend your subscription, and
• if you do not pay within 14 days from the date on which the subscription fees became due and payable, PATtech may terminate your subscription.

In this case, you can reactivate your subscription by paying any outstanding subscription fees in full.

28. No refunds: No refund is due to you if you terminate your subscription or PATtech terminates it in accordance with these terms.

29. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.

30. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us arising from your use of our services, except for losses arising from:

• a breach of these terms by PATtech, its employees, contractors or agents, or
• any gross negligence, wilful misconduct, fraud or material error that was solely the responsibility of PATtech, its employees, contractors or agents.

31. Limitation of liability: Our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

• We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
• For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
• Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

Regardless of the above, our liability to you will not be limited if we aren’t legally allowed to limit it.

32. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our PATtech team. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You’re solely responsible for resolving disputes between you and any other subscriber or invited user.

33. No professional advice: Just to be clear, PATtech isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice. We may provide you with information we think might be useful, but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.

34. Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

34. Notices: Any notice you send to PATtech must be sent to legalnotices@PATtech.com. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.

35. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user.

36. Transfer of these terms: PATtech may transfer these terms - or any of our rights or obligations in these terms - to another entity as it deems appropriate. Where the transfer relates to PATtech or a big part of PATtech being sold to a third party or merged with a third party, we will give you written notice of that. A subscriber can transfer a subscription to a new subscriber in accordance with section 9.

37. Changes to these terms: We sometimes will decide to change these terms of use. But, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. We will reasonably endeavour to provide you with 60 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If PATtech decides in its reasonable discretion that a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to PATtech.

38. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.

39. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

40.PATtech contracting entities; law and venue: Our contracting entities are listed below along with what law and venue apply in any dispute between you and us.

PATtech Limited

Address: Level 36, PwC Tower,15 Customs Street West, Auckland

Registration: 8179227

Law: New Zealand

Venue: New Zealand

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Thanks for reading our terms.