Member Terms and conditions

Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print them by clicking on the print icon on your browser. If you have any questions about these terms and conditions please email: support@jnctn.nz

1. MEMBERSHIP:

Membership of the Powered by JNCTN identity and credential management solution (the JNCTN Solution) is established when you agree to these terms and conditions and your membership subscription fee is paid. Your membership expires if the membership subscription renewal fee is not paid. The membership subscription fee is not refundable in part or in full under any circumstances. During the period of your membership you shall have the personal right to access and use the JNCTN Solution, provided you strictly adhere to these terms and conditions.

You will be issued with one Token (by us or by your employer or contracting organisation). If you lose or damage your Token and replacement Token(s) are required, these are chargeable at $12.50 (plus GST) per Token. We will invoice you for all such costs.

2. ACCURACY OF YOUR INFORMATION:

You must ensure, to the best of your knowledge, that all information held by the JNCTN Solution about you is true and accurate. If at any time you become aware that information held is inaccurate, you must take all reasonable steps to correct it immediately. You must also ensure that any information held by us on your behalf as part of the JNCTN Solution does not infringe the intellectual property rights of any third party.

3. PRIVACY:

The JNCTN Solution only holds personal information that you have provided to us, or that has been provided by others and authorised by you (including information provided by a training provider and, if applicable, your employer or contracting organisation).

We will hold your personal information in accordance with our privacy policy (available at https://www.jnctn.nz/privacy) and the Privacy Act 1993.

Your personal information is used to provide services to you and to others whom you have authorised to have access to your information.

By agreeing to these terms and conditions, you are authorising:

us to share (via the solution) the identity and credential information on your JNCTN Solution virtual ID card with organisations and individuals who wish to utilise your services and undertake a credential check using the solution;
your current employer or contracting organisation (as applicable) who is also a user of the JNCTN Solution to share with us, your individual credentials and any other relevant information to enable us to establish, add to, amend or update your credentials and any other details displayed within the JNCTN Solution;
us to provide reports or notifications to your current employer or contracting organisation (who is also a user of the JNCTN Solution) regarding your credential records.; and
any training organisation who is also a user of the JNCTN Solution to share with us, your training credentials and records to enable us to establish, add to, amend or update your credentials displayed within the JNCTN Solution.

The authority given by you in sub-paragraphs (b) to (d) above (inclusive) is also given by you for the benefit of your employer/contracting organisation, a site manager whose site you are attending, or training organisation (as applicable) and you accept that each of those organisations are entitled to rely upon that authority in giving us information about you.

When you email a link to your credential information, or surface your credentials by scanning your unique identification token, to other parties, you are also authorising them to gain access to such information and to share your name, organisation and credential details with other organisations or individuals who need to check your identity and credentials using the JNCTN Solution.

Personal information that you provide to us as part of your user profile (i.e. information that is not included on your virtual ID card, such as address, and contact details) will not be shared by us unless you specifically authorise it or disclosure is required by law. You acknowledge and accept that your authority may be given through your use of the technology features of the JNCTN Solution.

We will use your information to communicate with you about our services and the JNCTN Solution (e.g. for the purposes of notifying credential expiry).

We may use your information to communicate with you or related services offered by us and/or related parties. You can choose to opt in to receive communications about related services by ticking the opt-in option after agreeing to these terms and conditions.

We will securely store your user profile information and will endeavour to ensure that it cannot be accessed by anyone that you have not authorised to access it.

Except as specified in these terms and our privacy policy, we will not share, sell, distribute or use your personal information without your permission, unless required to do so by law.

You can view the personal information we hold and make changes to this information by logging into the user ID and password protected portal and using the ‘view/edit profile’ function. You can take copies of your personal information held by us at any time by using the portal. If you need assistance in accessing and updating or correcting your personal information contact us by email: support@jnctn.nz

We will retain your personal information as long as you have rights to access and use the JNCTN Solution. We will automatically delete your personal information from our systems after 24 months if your membership is not renewed, or earlier if requested by you or elected by us.

We may use your information in aggregate form to analyse our services, to offer services to others or for other business-related purposes. If your information is used in this aggregated way it will not be possible for you to be identified or information that can be linked to you to be disclosed.

4. SECURITY:

You are responsible for the security of your JNCTN Solution Token. You must not allow others to use your card for any purpose. You must notify us immediately if your card is lost or stolen. We may levy a fee for replacement cards.

You must keep your password confidential and safe. Your password must not be shared or accessible to anyone else.

You must not do anything to try and circumvent the security measures of the JNCTN Solution including (without limitation) trying to access information that you are not entitled to. You also must not seek to overload or interfere with the JNCTN Solution. If you do these things, we may in addition to any other legal rights, suspend or immediately terminate your membership.

You acknowledge that we may monitor your use of JNCTN Solution in order to detect any inappropriate use and to assist us to improve our security and quality.

We will hold your user profile and credentials details in Microsoft Azure (or such other data centre elected by us from time to time). All data in transit is transported over encrypted channels using TLS encryption.

5. LIABILITY:

You agree that, except to the extent that liability is unable to be excluded by law:

We will not have any liability or responsibility to you under or in connection with these terms and conditions, or in connection with our services, regardless of whether such liability arises in contract, tort (including negligence, equity, breach of statutory duty or otherwise).

We will not have any liability or responsibility in respect of any or all loss or damage, whether direct or indirect; including loss of profits, loss of data, loss of business or anticipated savings, general/special damages and consequential/incidental loss.

6. DISCLAIMER:

You understand and agree that while we take all reasonable steps to ensure the solutions we provide are fit for purpose:

Your use of the services is at your sole risk.
We disclaim and exclude all implied conditions and/or warranties; including any warranties that the solution is fit for a particular purpose.
We do not warrant that the services provided will be uninterrupted or error free.
No advice or information that is obtained by you through the JNCTN Solution or from us, or anyone else, shall create any warranty by us that is not expressly stated in these terms and conditions.

7. INDEMNITY:

You agree to indemnify us and keep us indemnified from and against all actions, claims, costs (including legal costs and expense) losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your breach of these terms and conditions (including the cost of replacing any Token that you fail to return in accordance with these terms and conditions) or other misuse or unauthorised use of the JNCTN Solution.

8. MEMBERSHIP TERMINATION:

You may terminate your membership at any time on notice to us.

Your membership will immediately terminate if you or your organisation fail to pay the membership subscription renewal fee.

We may also elect to suspend or terminate your membership where we consider (acting reasonably) that you have materially breached these terms. Without detracting from this right, we may also suspend your access and use while we are investigating any suspected breach of these terms.

The membership subscription fee is non-refundable in part or in full under any circumstances, including where your membership is terminated before the expiry of the relevant subscription period.

You must immediately return your Token to us upon termination of your subscription.

9. GENERAL CONDITIONS:

Amendment: We reserve the right to amend these terms by notice in writing to you, and where we do, we will endeavour to give you reasonable notice of the change, however we reserve the right to do it immediately if we consider the amendment necessary and urgent. Where the amendment relates to Section 3 or 4 and has a material adverse effect on you, you may terminate your subscription provided that:
1. you must do this within 7 days of being notified of the amendment and give us 7 days notice of termination (the Notice Period); and
2. in the Notice Period, we may in our sole discretion, choose to abandon the amendment(s).
System performance: We will endeavour to provide uninterrupted availability of the JNCTN Solution (taking into account occasional downtime for maintenance requirements). We will not be responsible for any loss that is incurred because of our solution not being available.
Force Majeure: We will have no liability for lack of performance, failure or unavailability of our solution or for any failure by us to meet compliance with the terms and conditions where the same arises from any cause reasonably beyond our control.
No waiver: Failure by us to exercise or enforce any right available to us under these terms and conditions does not constitute a waiver of those rights.
Partial invalidity: In the event that any provision of the terms and conditions is held to be invalid for any illegal reason, the provisions shall be removed from the remaining terms and conditions, which shall remain in full force and effect.
Entire agreement: These terms and conditions and the information you provide during the online registration process form the entire agreement between you and us.
Law: This agreement is governed by New Zealand law.

10. DEFINITIONS:

Corporate Organisation - any corporate user of the JNCTN Solution who requires access to your Personal Information in order to receive the benefit of the JNCTN Solution. This may be your employer or client.

Personal Information - any information about an identifiable individual, including address, contact details and emergency contact information.

Token - the smart identity card supplied to you (or some other equivalent we make available as an alternate).

Training Organisation - any training provider that you have authorised to update the JNCTN Solution with the details of training that they have provided to you.

We, our or us - JNCTN Limited.