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Trial of VisitorRego App.- Terms & Conditions test

Trial App

The aim of this Trial App is to give you a hands-on experience with our software and experience some of our features before considering an-going financial commitment to one of our paying options. However, if the Trial App works for you as is, then you are welcome to continue with the no fee option. This offer would be reviewed yearly at Visitor Rego’s discretion. These are the features of the Trial App and limitations

  • One Site
  • Site registrations max 10 a day,
  • Reporting only as one category (Visitors)
  • Registrations are deleted after 45 days
  • Trial period 12 months. Renewable at full discretion of Visitorrego.
  • No Support provided by VisitorRego
  • On Screen advert pop ups on the free version
  • App upgrades communicated via the App
  • Date of commencement is the date of accepting the Service Agreement below
There is no commitment for yourself or Visitorrego continue pass this trial period At anytime you can cancel your usage by simply deleting the App At any time where you wish to enquire or signup for one of our Software-Tier options please email sales@visitorrego.com

Service Agreement

We licence to you, and you agree to licence from us, the Software Licence as set out in this Agreement.

1. Definitions And Interpretation
Definitions
1.1 In this agreement:
"Confidential Information" includes any information provided by one party to the other under this agreement and includes, without limitation, the Documentation, source code in relation to the Software and any information relating to the business or financial affairs, trade secrets, specialized know-how or practices of either party or its clients. It does not include any information which is already in the public domain at the time it is disclosed to the other party, or becomes available to the public domain other than via breach of this agreement, or was received by a third party who had the legal right to disclose the information, or was already in the recipient’s possession prior to being disclosed to the recipient by the other party.
"Documentation" means any material or information we provide to you in relation to the Product.
"Expiry Date" means the date to which the Software Licence has been fully paid to or has been set by Visitorrego.
"Fees" means the Software Licence Fee, Professional Services Fees, Set up Fee and any other fees that may be payable by you to us under this agreement.
"Installation Date" means the date of App application
"Set up fee" means the Setup fee as recorded at the time of any quotation provided.
"Installation Services" means downloading the App.
"Payment Terms" means the payment terms for the Fees as set out in any Quotation provided
"Product" means the Hardware, the Software, the Documentation and any Consumables where applicable. Site" means the premises as advised by you
"Software" means the Visitor Registration software and any upgrades.
"Software Licence" means the software licence set out in schedule 1.
"Software Licence Period" means the period of cover where the Software Licence fee has been fully paid, where applicable Where Trial App a date set by Visitorrego- 12 months
"Software Licence Fee" means the software licence fee recorded in any Quotation provided
"Software Support Services" -not applicable to the Trial App
"Warranty" or "Warranties" means the warranties set out in clause 7.1
"We", "us" and "our" shall mean Visitor Registration Limited, or any of our agents or employees.
"You" and "your" shall mean the customer as registered with the App

Interpretation
1.2 In the interpretation of this agreement:

  1. the singular includes the plural and vice versa;
  2. words referring to any gender include all other genders;
  3. words referring to a person include a firm, body corporate, an unincorporated association or an authority and vice versa;
  4. headings are included for convenience only and do not affect interpretation;
  5. words and phrases defined in the recitals or elsewhere in this Agreement have the meaning there given to them; and
  6. the word "include" and similar expressions are not words of limitation.
1.3 When two or more persons are customers, all covenants, agreements and conditions shall bind them jointly and each of them severally.

Insurances
2.1

  1. have and maintain Public Liability insurance
  2. punctually pay all premiums in relation to Public Liability insurance policy
  3. promptly tell us if any event occurs giving rise to a claim under this insurance as it may relates to VisitorRego Software and/or its use

Software Licence and Support

  1. During the Software Licence Term of the Trial App, there is no Support services
  2. For the Trial App the renew date is 12 months from date of installation at the full discretion of VisitorRego.
  3. Notwithstanding clauses 3.1 and 3.2, either party may give 30 days’ notice in writing to the other party terminating the Software Licence Term for any reason whatsoever.
  4. On termination or expiry of the Software Licence, licence to operate and Software Support will automatically terminate.

Fees
4.1 There are no fees on the Trial App

Contact person
5.1 You agree that the primary contact is the person has been recorded in the App application


Your obligations
6.1 You are responsible for your hardware, operating systems, network setup, network maintenance and the setup and use of any file access control systems.

Exclusions
7.1 We are not obligated to provide any software services for the Trial App.

Limitation of liability
8.1 Notwithstanding any provision of this Agreement, the maximum combined amount for which we will be liable to you and any other person who uses the Professional Services, Hardware or Software is limited to $10,000.00. In no event shall we be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the Professional Services, Hardware or Software

Third party Software
9.1 You acknowledge that the Software may utilise third party software. Such third party software:

  1. Will be subject to the terms and conditions of this agreement and the third party’s end user terms and conditions
  2. Is only licensed to you for use with the product

Confidentiality

  1. The parties agree that any Confidential Information received under this agreement shall remain confidential between the parties and used only for the purposes of this agreement.
  2. Any Confidential Information received under this agreement shall not be disclosed to any third party by the party receiving the Confidential Information without the prior written consent of the other party, for any reason other than is necessary to fulfil any party’s obligations under this agreement and otherwise as may be required by law.
  3. This clause 10 shall survive the termination or expiry of this agreement.

Intellectual property

11.1 You acknowledge that any and all of the trademarks, trade names, copyrights, patents and other intellectual property rights used or embodied in or in connection with the Product are and remain our exclusive property. You agree that you will not during or at any time after the expiry or termination of this agreement in any way question or dispute the ownership by us of any such rights.
11.2 In the Event that New inventions, designs Or processes evolve In the performance Of Or As a result Of this agreement, you agree that such rights are our Property unless otherwise agreed In writing by us. You agree To transfer (And procure that any person within its control transfers) such rights To us upon our request but at your cost expense.

11.3 If the normal use Or possession Of the Software (excluding third party software) by you In accordance With this agreement And the Software Licence infringes the intellectual Property rights Of any third party In New Zealand Or Australia, we shall indemnify you against any damages awarded against you In respect Of such claim And any reasonable costs And expenses incurred by you provided that:

  1. you promptly notify us of any such claims;
  2. you provide us With all reasonable assistance And make no admissions prejudicial To the defence Of any such claims;
  3. the indemnity shall Not apply To the extent that such claims are attributable To a breach by you Of any provisions Of this agreement Or the Software Licence.

Default
12.1 Each of the following shall be an "Event of Default" under this Agreement:

  1. you Do Not pay On the due Date any Fees Or other moneys payable under this agreement;
  2. you repudiate this agreement;
  3. A party does Not comply With any Of its material obligations under this agreement And If that failure To comply can be rectified it Is Not rectified within 7 days after the other party gives a written notice requiring it To Do so;
  4. any representation Or warranty made by you In this agreement Or In relation To it Is untrue Or misleading In a material respect; Or
  5. an Event Or series Of events (whether related Or Not) occurs which has, Or Is likely To have, a material adverse effect upon either the enforceability Of this agreement Or your ability To comply With your obligations under this agreement.
  6. a liquidator, receiver Or administrator Is appointed To you;

Procedure following termination
13.1 Upon termination Of this agreement:

  1. the Software Licence will automatically terminate With immediate effect without notice To you;
13.2 If the Software Licence Is terminated, whether during Or after the Software Licence Term:
  1. any other licence granted under this agreement shall terminate;
  2. e will cease providing the Software Support Services And any other Professional Services To you;

NOTICES

  1. All notices, requests, demands and other communications pursuant to this agreement or in connection with this agreement must be in writing and must be sent by hand, post, facsimile or email addressed to the party to be notified.
  2. All notices pursuant To this agreement unless otherwise notified In writing by the other party must be sent To the addresses such address Or numbers As notified In writing from time To time by the parties.
  3. If your address changes, you must promptly notify us.
  4. Notices served by hand will be deemed To have been received that day. Notices served by facsimile Or email will be deemed To be served that day unless received after 5 pm In which Case they will be deemed To be served the Next working day. Notices served by post will be deemed To have been served three days after postage.

GENERAL PROVISIONS

  1. This Agreement constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements and understandings on that subject matter.
  2. This Agreement And the transactions contemplated by this Agreement are governed by the laws Of New Zealand And Australia
  3. Each party irrevocably And unconditionally submits To the exclusive jurisdiction Of the courts Of New Zealand, Or Australia For determining any dispute concerning this agreement Or the transactions contemplated by this agreement.


SCHEDULE 1
SOFTWARE LICENCE

This Is an agreement between you, the End user, And Visitor Registration Limited ("we or us"). By Using the Software, you are agreeing To become bound by the terms Of this agreement.

1. Ownership Of Software We retain the copyright, title And ownership Of the Software And the written materials regardless Of the form Or media In Or On which the original And other copies may exist.

2. Term This licence will Continue For so Long As you subscribe For the Software Licence from us. If you cease To subscribe For Software Licence from us, this licence will automatically terminate On the Date that the Software Licence terminate. The Trial App Is Valid For 12 months And reviewed by VisitorRego at that time

You may terminate it at any time by deleting the App together With all copies In any form. It will also terminate immediately without notice To you If you fail To comply With any term Or condition Of this licence. Upon termination, you agree To destroy the Software forthwith.

3. Transfers You may transfer the Software from one Of your computers To another computer Or person provided that the Software Is transferred without modification. You may Not transfer, assign, rent, lease, will, Or otherwise dispose Of the Software In exchange For consideration, Or On a temporary basis.

4. Eligible Licensees This Software Is available For license only, With no right Of duplication Or further distribution, licensing, Or Sub-licensing.

5. License Grant We grant To you a non-transferable And non-exclusive right To use the copy Of the Software provided To you by us. You agree you will Not copy the Software except As necessary To use it. You agree that you may Not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring Or assigning all Or part Of the Software, Or any rights granted hereunder, To any other persons And removing any proprietary notices, labels Or marks from the Software Is strictly prohibited. Furthermore, you hereby agree Not To create derivative works based On the Software.

6. Copyright The Software Is licensed, Not sold. You acknowledge that no title To the intellectual Property In the Software Is transferred To you. You further acknowledge that title And full ownership rights To the Software will remain our exclusive Property And/Or our suppliers, And you will Not acquire any rights To the Software, except As expressly Set forth above. All copies Of the Software will contain the same proprietary notices As contained In Or On the Software. All title And copyrights In And To the Software (including but Not limited To any images, photographs, animations, video, audio, music, text And "applets," incorporated into the Software), the accompanying printed materials, And any copies Of the Software, are owned by us Or our suppliers. The Software Is Protected by copyright laws And international treaty provisions. You may Not copy the printed materials accompanying the Software.

7. Reverse Engineering You agree that you will Not attempt, And If you are a corporation, you will use your best efforts To prevent your employees And contractors from attempting To reverse compile, modify, translate Or disassemble the Software In whole Or In part. Any failure To comply With the above Or any other terms And conditions contained herein will result In the automatic termination Of this license And the reversion Of the rights granted hereunder To us.

8. Warranty We And our suppliers warrant that the software will perform the specified functions as described in online And printed information provided by us to you. Neither we nor our suppliers warrant that the operation of the Software will be uninterrupted Or error-free.

9. Limitation Of Liability Notwithstanding any provision Of this Licence, the maximum combined amount For which we will be liable To you And any other person who uses this Licence Is limited To $1,000.00. In no Event shall we be liable To you For any consequential, special, incidental Or indirect damages Of any kind arising out Of the use Or inability To use the Software.

10. Rental You may Not loan, rent, Or lease out the Software.

11. Upgrades The App may be upgraded from time To time

12. FaultsIf at any time you discover a fault With the Software which prevents the Software from materially providing the functionality represented To you Then you may contact Support@visitorrego.com

  1. you shall use your best endeavours To resolve the fault; And
  2. If you cannot resolve the fault, you must notify us Of the fault As soon As possible And within 14 days Of the fault coming To your attention.

Upon receipt Of notification Of a fault, we will use our best endeavours To remedy the fault at our cost within a reasonable time.

Faults Do Not include errors caused by

  1. failure Or destruction Of your equipment, loss Of electrical power Or other causes external To the Software;
  2. modifications To the Software Not made by us;
  3. use Of the Software other than As recommended by us.

13. LimitationsYou acknowledge And agree that

  1. before entering into this licence, you satisfied yourself, relying solely upon your own judgement, As To the condition, suitability And specifications Of the Software And its fitness For your purposes;
  2. we have Not given any warranty Or made any representation To you As To the Software Or its use other than representations And warranties expressly made In writing;
  3. we are Not liable For any damage, injury Or loss To any person Or Property arising from the possession, operation Or use Of the Software;
  4. so far As the law permits all conditions And warranties On our part which might be implied In relation To this licence Or the Software are excluded;
  5. the Software has been acquired For business purposes And that Nothing In the Consumer Guarantees Act 1993 will apply To this licence; And
  6. To the extent that any implied condition Or warranty On our part cannot be excluded, our liability For a breach Of any such condition Or warranty Is limited (but only To the extent permitted by law) at our discretion To replacing the Software, supplying equivalent Software, paying the cost Of replacing the Software Or acquiring equivalent Software, Or repairing the Software Or paying the cost Of having the Software repaired.

14. Indemnification by you If you distribute the Software In breach Of this licence, you agree To indemnify, hold harmless And defend us And our suppliers from And against any claims Or lawsuits, including solicitor's fees that arise or result from the use or distribution of the Software in breach of this agreement.

15. Governing law This licence Is governed by the laws Of New Zealand And Australia.

16. Jurisdiction Each party irrevocably And unconditionally submits to the exclusive jurisdiction of the courts of New Zealand Or Australia for determining any dispute concerning this licence.