Please read these Terms 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, please email: email@example.com.
Capitalised terms used in these Terms have the meanings given to them at the end of this document, unless defined otherwise throughout.
Fees and Payment Terms
We will invoice Fees and Renewal Fees annually in advance. You must pay all invoices issued in accordance with these Terms within 14 days of the date of the invoice. Invoices are payable under these Terms without any set-off, counterclaim, deduction or other withholding.
As part of your Membership you may be issued with a Token (by us or by your employer or contracting organisation). The price of this Token in included in your Fees. If you lose or damage your Token and a replacement Token is required, then an additional fee of $12.50 (plus GST) per Token will be charged to you. The invoice is payable in line with our Payment Terms.
“Membership” of the Powered by JNCTN identity and credential management solution (the JNCTN Solution) is established only when you agree to these Terms, and not before. 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.
Subsequent immediate continuation of your Membership is subject to the payment of your membership subscription fees (“Fees”). Your Membership expires if the membership subscription annual renewal fees (“Renewal Fees”) are not paid. None of the Fees are refundable in part or in full under any circumstances.
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.
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 Credential Issuing Organisation and, if applicable, your employer or contracting organisation).
We will hold your Personal Information in accordance with our privacy statement (available at https://www.jnctn.nz/privacy) and the Privacy Act 2020. Our Privacy Statement forms part of these Terms.
Your Personal Information is used to provide services to you and to others whom you have authorised (either in these Terms or otherwise) to have access to your Personal Information.
By agreeing to these Terms, you are authorising:
- us to share (via the JNCTN Solution) the identity and Credential information on your Token with organisations and individuals who wish to utilise your services, check your identity and/or undertake a Credential check using the JNCTN Solution, each time you email a link to your Credentials or scan your Token;
- us to collect from your current employer or contracting organisation (as applicable) who is also a user of the JNCTN Solution, and such employer or contracting organisation 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
- us to collect from any Credential Issuing Organisation who is also a user of the JNCTN Solution, and any such Credential Issuing Organisation to share with us, your 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, as stated above, is also given by you for the benefit of your employer/contracting organisation, verifying personnel at whose site you are attending, or a Credential Issuing Organisation (as applicable) and you accept that each of those organisations are entitled to rely upon that authority in giving us information about you.
Personal Information that you provide to us as part of your user profile (i.e., information that is not included on your Token, such as address, and contact details) will not be shared by us unless you specifically authorise it or disclosure is required by law (including as required to fulfil any notification or reporting obligations and any access directions imposed on us by a Government agency). 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.
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, 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 ‘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: firstname.lastname@example.org.
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.
Managing Other Peoples Information
There are roles; Administrators, Credential Issuers within the JNCTN Solution that provide the ability to add/delete or modify someone else’s Personal Information. If you are assigned one of those roles, it is your responsibility to ensure that any actions you take in respect of someone else’s Personal Information are undertaken only as required by your role and otherwise in accordance with all laws (including all applicable privacy laws). You must also ensure that the individual whose information is being processed has provided their consent to the relevant actions.
You are responsible for the security of your Token. You must not allow others to use your Token for any purpose. You must notify us immediately if your Token is lost or stolen. We may levy a fee for replacement Tokens.
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 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.
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, 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.
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 JNCTN Solution is at your sole risk.
- We disclaim and exclude all implied conditions and/or warranties; including any warranties that the JNCTN Solution is fit for a particular purpose.
- We do not warrant that the services provided or the JNCTN Solution 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.
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 (including the cost of replacing any Token that you fail to return in accordance with these Terms) or other misuse or unauthorised use of the JNCTN Solution.
You may terminate your membership at any time on notice to us.
Your membership will immediately terminate if you or your employee or contracting 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 membership.
- 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 impacts the privacy and or security sections of these Terms and has a material adverse effect on you, you may terminate your membership, provided that:
- 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
- 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 the JNCTN Solution not being available.
- Force Majeure: We will have no liability for lack of performance, failure or unavailability of our JNCTN Solution or for any failure by us to meet compliance with these Terms 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 does not constitute a waiver of those rights.
- Partial invalidity: In the event that any provision of the Terms is held to be invalid for any illegal reason, the provisions shall be removed from the remaining Terms which shall remain in full force and effect.
- Entire agreement: These Terms 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.
Personal Information - any information about an identifiable individual, including address, contact details and emergency contact information.
Credentials - Inductions, Courses, Licences, Qualifications and Assessments.
Credential Issuing Organisation - any organisation that is authorised to update your information in the JNCTN Solution with the details of issued Credentials that they have provided to you. Including but not limited to; Inductions, Courses, Licences, Qualifications and Assessment Credentials.
Terms means these terms and conditions together with the JNCTN Privacy Statement (available at https://www.jnctn.nz/privacy).
Token - the identity card supplied to you by JNCTN (or some other equivalent we make available as an alternate).
Verifying Personnel – Individuals who are required to verify an identity and/or a set of Credentials to meet a business criteria to complete a defined task.
We, our or us - JNCTN Limited.
Last Updated December 2022