Policy Last Modified: December 06 2021 19:38:41.
Acknowledgement and Acceptance of Terms of Service
All services provided by the Developer as heritagerailms.nz ("Heritage Rail Management System ") are provided to you ("Subscriber/User") under the Terms and Conditions (or Terms of Service) ('TOS') rules and policies set forth by HRMS. The TOS comprises the entire agreement between User and HRMS and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS OF SERVICE.
Description of Service
Heritage Rail Management system is a web based rail management system to look after the following for heritage societies running restored vehicles in New Zealand.
- Documents/drawings
- Grants
- Audit
- Engineering Change
- Asset
- Key
- Site
- Events
- Vehicle
Modifications to system or requests
If the subscriber wants or requires changes to meet there organisation needs, a request form is to be completed stating the issue located under the Admin tab. or Change Request form
Modifications to be reviewed on case by case basis. A fee may apply depending on the level of work requested.
Modifications to TOS
HRMS reserves the right to change the terms and conditions of this TOS as necessary. HRMS expects User's to actively ensure that they agree to the current TOS and a modification date will be posted on any and all copies. User's continued use of the Service constitutes an acknowledgement of the TOS and its modifications by the User and an agreement by the User to abide and be bound by the TOS and its modifications.
TOS is located on our home page https://heritagerailms.nz
Mayor changes to the TOS, subscribers will be notified.
Modifications to Services
HRMS reserves the right to modify or discontinue the Service with or without notice to the User. HRMS shall not be liable to user or any third party should HRMS exercise its right to modify or discontinue the Service.
Account Lifecycle
All account holders will be subject to the following life cycle. By registering an account you are agreeing to allow HRMS to send you the following email (and/or push notifications) messages.
- Login information
- Expiry items email to selected members of society
Photo and Media Policy
By uploading photos, PDF, text, files ("Content") to HRMS you agree that you are the owner and copyright holder. You give HRMS a licence to display uploaded content at no charge for as long as is required. This licence can be terminated by deleting your photos and media from the website using the portal provided. You agree that photos and media that you upload are within the theme of the website. Uploaded content that is not keeping within the spirit of the website will be removed by moderators.
Privacy Policy
All information supplied by the user is confidential and will not be shared by HRMS
Purchase subscription and Termination Policy
Subscription is due as per type of subscription, a month in advance direct credit to the bank account noted on the invoice due on the 20th of each month. If you are a subscriber of our service and you decide to discontinue the service you must provide not less than one- calendar month’s notice HRMS. Information / data stored in the system is owned by subscriber and will not be withheld from subscriber under the following circumstances
Data supplied after termination of subscription
CSV files of the data and sql are only supplied any other formats will be at the cost of the subscriber and preformed by HRMS.
User account, Password and Security
Once you become a subscriber of the HRMS, you shall receive a password and an account. You are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following the instructions put forth elsewhere on the web site. Subscribers adding users to the system, the user shall receive an email with password set by the subscriber. HRMS is not responsible for unsecured passwords created by any user and/or subscriber which results in damage to the HRMS web system. User agrees to immediately notify HRMS of any unauthorized use of User's account or any other breach of security known to User.
Disclaimer of Warranties
THE SUBSCRIBER/USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRUBER'S /USER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HRMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HRMS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES HRMS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USERS UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USERS OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. HRMS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR IN ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM HRMS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
HRMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR DOMAINS MOVED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN IF HRMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO RESALE OR REDISTRIBUTION OF THE SERVICE.
The user's right to use the Service is personal to User. User agrees not to resell the service without the express consent of HRMS. No other person may use an account apart from the person who filled in the registration. We have bots that track the use of all Users, and we have the right to delete your account with out notification if we find your account being accessed from multiple points at one time. This includes the sharring of files downloaded within the download section of the site. Files are subjected to a one computer licence. This means you can only download the files to one computer and not hold more than one copy of the material. You also agree you will not redistribute material downloaded from HRMS for personal gain or other. The User's account is subject to termination with investigation at any time if redistribution is suspected or reported.
HYPERLINKS CONTENT AND OTHER LIMITATIONS.
HRMS claims no responsibility for the content of any material located on the hosts linked to by this Service. HRMS has no control over these websites or other material hosted on external hosts; however, HRMS retains the right, on HRMS' sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a User's conduct is found to be inconsistent with the TOS.
User Conduct
User is solely responsible for the contents of their usage of Service. The user's use of the Service is subject to all applicable local, state, national, and international laws and regulations. User agrees: (1) to comply with NZ law regarding the transmission of technical data exported from the NZ through the service; (2) not to use the Service for illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; and (4) to comply with all regulations, policies, and procedures of networks connected to the Service. User will not use the Service for illegal communication, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. User agrees not to transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. A clean up fee of NZ$500.00/hour may be assessed for violation of these terms. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. HRMS may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the TOS.
Indemnification
User agrees to indemnify and hold HRMS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of the TOS by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
Governing Jurisdiction
Insofar as this contract defines Palmerston North, New Zealand's jurisdiction, both parties to the contract refer to the courts of Palmerston North, New Zealand having the ultimate jurisdiction over the matters in question; this contract is formed under the laws of New Zealand and therefore such laws shall be inevitable jurisdiction of the contract. This contract shall be governed by the laws of Palmerston North insofar as possible, particularly to the exclusion of other legal system within New Zealand.
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3d Detailing LTD trading as heritagerailms