Please read carefully prior to using this website.
Version history:
Last updated: July 1 2020 - second version
"Netel"
Means Netel Software NZ Limited.
"You"
Means You and includes your employees, consultants, representatives and agents.
"Your"
Means of or relating to You, yourself or yourselves.
"Confidential Information"
Includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Software but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
"Intellectual Property Rights"
Means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
"Website"
Means the Internet site at the domain www.netel.co or any other site operated by Netel.
"Software"
Means any Netel Chart software available via the Website.
"Service"
Means any Netel Chart facility available via the Website.
"Content"
Means all content, text, images, data, information and other material displayed, available or present on this Website
"Terms"
Means the terms and conditions defined in this document (web page)
Use of this Netel Website is governed by the Terms below. These Terms are legally binding on all users of this Website. By accessing this Website, You agree to abide by these Terms. If You do not agree with any of these Terms please do not use this Website. By using the Website You will be deemed to have irrevocably agreed to these Terms.
3.1 Ownership and Rights
As between the parties: (i) you own all right, title and interest in and to your Content; and (ii) Netel owns all right, title and interest in and to the Site and the Services, and all Intellectual Property Rights therein. The look and feel of the Site and the Services, including any custom graphics, button icons, and scripts are also the property of Netel, and you may not copy, imitate, or use them, in whole or in part, without Netel’s prior written consent. Netel reserves all rights not expressly granted to you in these Terms, and Netel does not grant any licenses to you or to any other party under these Terms, whether by implication, estoppel or otherwise, except as expressly set forth herein.
3.2 Suggestions, Comments or other Feedback
You acknowledge that any suggestions, comments, or other feedback that you provide to Netel with respect to the Site, the Services, or any other Netel product or service (collectively, “Feedback”) will be owned by Netel, including all Intellectual Property Rights therein, and will be and become Netel’s Confidential Information (as defined below). You acknowledge and agree that Netel will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback as Netel sees fit, without obligation or restriction of any kind. At our request and expense, you agree to execute documents or take such further actions as we may reasonably request to help us acquire, perfect, and maintain our rights in the Feedback.
4.1 Registration and Passwords
Certain areas of the Website will require You to provide registration details and a password to access certain Content using a personal account. In registering and using a personal account, You agree to and are responsible for providing accurate, current and complete details and maintaining the confidentiality of the password. In registering and using a personal account, You agree to being fully responsible for all activities that occur when using Your personal account. You agree to notify Netel immediately of any known or suspected unauthorized use of Your personal account. If Netel believes that You have provided incorrect or misleading details or You have disclosed Your account password to a third party, Netel will have the right to suspend or terminate Your account and Your access to the Website.
4.2 Compliance with Laws
You will comply with all applicable laws in connection with Your use of this Website or Software.
4.3 Unsuitable Conduct
You will not engage in conduct on or in connection with this Website or Software that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. You will not cause damage, embarrassment or adverse publicity to Netel.
4.4 Third Party Sites and Other Information
This Website may contain Content, links, and other information submitted by third parties over whom Netel has no control or responsibility. Netel has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under the control of Netel, and You acknowledge that (whether or not such sites are affiliated in any way with Netel) Netel is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Netel or any association with its operators. Moreover, Netel has no obligation to verify any Content submitted by a user or to provide any registration or other information to User concerning any Content.
5.1 Acknowledgement:
You acknowledge that:
5.2 No Warranties Provided
This Website, its Content, and its links are provided on an "as is" basis and are used only at the sole risk of You, to the fullest extent permissible by law. Netel disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software and links), including ANY IMPLIED WARRANTIES as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO You, THE ABOVE EXCLUSIONS WILL APPLY TO You TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6.1
IN NO EVENT WILL NETEL’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO NETEL IN SUBSCRIPTION FEES FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
6.2
IN NO EVENT WILL NETEL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR YOUR USE (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
6.3
THIS SECTION (LIMITATION OF LIABILITY) WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify and hold harmless Netel and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with Your use of this Website, Software, online conduct, breach of these Terms or dealings or transactions with other persons resulting from use of this Website.
8.1 Entire Agreement
These Terms, together with the Netel Privacy Policy and the terms of any other notices or instructions given to You under these terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Netel relating to the Website or Software and the other matters dealt with in these Terms.
8.2 Waiver
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
8.3 Delays
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
8.4 No Assignment
You may not assign or transfer any rights to any other person without Netel's prior written consent.
8.5 Governing Law and Jurisdiction
These Terms will be governed by New Zealand law and You agree to submit to the exclusive jurisdiction of the New Zealand Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
8.6 Severability
If any part or provision of these Terms 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. The remainder of this Agreement will be binding on the parties.
8.7 Notices
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Netel must be sent to support at netel.co or to any other email address notified by email to You by Netel. Notices to You will be sent to the email address which You provided when setting up your access to the Website.
8.8 Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Please read carefully prior to using a Netel product or service.
9.1 ACCEPTANCE OF TERMS AND CONDITIONS
The use of a Netel Product or Service is governed by the Terms below. These Terms are legally binding. By using a Netel Product or Service You agree to abide by these Terms. If You do not agree with any of these Terms please do not use a Netel Product or Service. By using a Netel Product or Service You will be deemed to have irrevocably agreed to these Terms.
9.2 PAYMENT FOR SERVICE
Unless otherwise agreed in writing, invoice payments should be paid by the Due Date specified on the invoice. Outstanding amounts not paid by the invoice Due Date can incur a 5% additional charge per month until paid. Invoices not paid by the Due Date will be assigned to our credit collection service and will attract additional charges incurred in the collection process which will be added to the outstanding invoice amount.
9.3 CANCELLATION OF SERVICE
Payments for Netel Service should be paid monthly in full by You or your Organization. If you do not wish to continue using the Netel Service, You should cancel your Netel subscription. Netel does not refund Service charges either in part or full unless agreed in writing.
BACK©2024 Netel Software NZ Limited. All Rights Reserved. Netel Chart is a trademark of Netel Software NZ Limited.