Terms and Conditions

Welcome to the Water-Insight Web Site. The site is owned by QTech Data Systems Limited. We are a New Zealand company. When we say “we”, “us” or “our” this refers to Water-Insight. Water-Insight provides website features, applications products and services (collectively “Services”) to you when you visit this site (the “Water-Insight Site”). There are several ways you can access the Water-Insight Site including but not limited to the World Wide Web, a mobile phone, other internet connected devices or devices connected to irrigation systems and networks accessible by the Water-Insight Site. However if you access the Water-Insight Site, your access and entitlement to use the Water-Insight Site is conditional upon your acceptance of and compliance to the following terms and conditions.

Here and elsewhere on the Water-Insight Site we refer collectively to these terms and conditions as well as policies, notices and disclaimers as “Terms of Use”. If you violate any of The Terms of Use your right to access and use the Water-Insight Site automatically terminates.

If you register with us to use the Water-Insight Site you accept these terms and conditions. Please read them carefully. If you do not agree to be bound by these Terms of Use do not access or use the Water-Insight Site.

Information and Services on the Water-Insight Site have been prepared in accordance with New Zealand Law, but may not satisfy the laws of other countries. If you access the Water-Insight Site from a country other than New Zealand then the Water-Insight Site is not intended for your use and you are not entitled use or access to the Water-Insight Site. If you do so, you agree to indemnify Water-Insight for any loss or damage which may occur as a result.

From time to time we may make changes to the Terms of Use, without notice. The Terms of Use may not be amended by any other party than Water-Insight. You should read the Terms of Use periodically to review them. By continuing to use or access the Water-Insight Site you are deemed to have agreed to the amended Terms of Use.

PRIVACY

Please review our Privacy Policy, which also governs your use of the Water-Insight Site and Services, to understand our practices. By accessing the Water-Insight Site you are accepting the terms described in the Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you use the Water-Insight Site, or send e-mails, text messages, and other communication to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Services we provide and you can retain copies of these communications for your records. We may retain copies of these communications for our records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT AND LICENSE

You will need your own Water-Insight Site account to use certain Services, and you may be required to be logged in to the account to use the Services. You may need a valid payment method associated with the account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

You must be over the age of eighteen (18) to create an account. Water-Insight reserves the right, at its sole discretion to permit or deny creation of or access to your account without proof of age from you.

If you create and use an account which is not authorised by Water-Insight, this will render you in violation of the Terms of Use.

Water-Insight may suspend use of any account, without notice if we suspect it is being used for potentially fraudulent or unlawful use or for purposes which are restricted or prohibited by the Terms of Use. You agree to indemnify Water-Insight for any consequential loss or damage which may occur as a result of suspension of your account.

Subject to compliance to the Terms of Use and the establishment of a valid authorised account and your payment of applicable fees and taxes as imposed under New Zealand Law, Water-Insight grants you a limited, non-exclusive, non-transferable, non-sublicensable, license to access and make personal and non-commercial use of the Water-Insight Site and Services. This license does not include any resale or commercial use of any Water-Insight Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Water-Insight Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Water-Insight or its licensors, suppliers, publishers, rights holders, or other content providers.

COPYRIGHT

All content included in or made available through the Water-Insight Site or via the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Water-Insight or its content suppliers and is protected by New Zealand and international copyright laws. The compilation of all content included in or made available through any Water-Insight Service is the exclusive property of Water-Insight and is protected by New Zealand and international copyright laws.

RESTRICTIONS

You may use the Water-Insight Site and Services only as permitted by law. You will not use the Water-Insight Site for any purpose prohibited by these Terms of Use.

Unless expressly provided for on the Water-Insight site or expressly authorised by Water-Insight you may not copy, store (in any form), adapt, alter, translate, disseminate, broadcast, publicly display, hyperlink, reproduce, republish, post, distribute, transmit or modify in any way all or part of the information on the Water-Insight Site.

You must not transmit or attempt to transmit, post or upload to the Water-Insight Site any data or code which contains a virus or other harmful component. You will not use our Water-Insight Site in any manner that could overburden, damage, disable or impair the Water-Insight Site or its performance or the networks connected to the Water-Insight Site.

You will not interfere with networks or systems connected to the Water-Insight Site other than those for which you are registered and authorised to operate. You will not interfere with other party’s or account holders’ access and use of the Water-Insight Site. You will not attempt to gain unauthorised access by any means to the Water-Insight Site or any of the systems or networks operated by the Water-Insight Site.

We may block access from a particular internet protocol address to the Water-Insight Site in the event of any violation of the Terms of Use.

We reserve the right to seek all remedies available under these Terms of Use, at law and in equity for violation of these Terms of Use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Water-Insight Site and Services exercise limited control of electronic devices and no control over the quality, safety or hydraulic aspects of your irrigation system. Under no circumstances does Water-Insight warrant that your irrigation system will operate to any level of service.

The Services and all information, content, materials, products (including software) and other Services included on or otherwise made available to you through the Water-Insight Site are provided by Water-Insight on an “as is” and “as available” basis, unless otherwise specified in writing. Water-Insight makes no representations or warranties of any kind, express or implied, as to the operation of the Water-Insight services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Water-Insight Site, unless otherwise specified in writing. You expressly agree that your use of the Water-Insight Site and Services is at your sole risk.

To the full extent permissible by law, Water-Insight disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Water-Insight does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Water-Insight Site, Water-Insight’s servers or electronic communications sent from Water-Insight are free of viruses or other harmful components. To the full extent permissible by law, Water-Insight will not be liable for any damages of any kind arising from the use of any Water-Insight service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the Water-Insight Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

SEVERABILITY

If any of the Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

TERMINATION

The Terms of Use are effective until terminated by Water-Insight. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms of use will survive termination. We reserve the right, in our absolute discretion, to monitor any and all access and use of the Water-Insight Site. In addition, we reserve our right to terminate your use of the Water-Insight Site.

GOVERNING LAW

The Terms of Use are governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand.

If you would like to contact us please send us an email to info@waterinsight.co.nz