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: firstname.lastname@example.org
1. MEMBERSHIP: Membership of the Powered by JNCTN identity and credential management 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
2. ACCURACY OF YOUR INFORMATION: You must ensure, to the best of your knowledge, that all information held by the Powered by JNCTN solution about you and/or your organisation 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.
3. PRIVACY: The Powered by JNCTN solution only holds personal information that you have provided to us, or that has been provided by others and authorised by you.
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) undertaken on the website) the identity and credential information on your Powered by JNCTN virtual ID card with organisations and individuals who wish to utilise your services and undertake a credential check using the solution.
When you email a link to your information to other parties, such as your employer, a main contractor or sub-contractor, a site controller, you are 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 credential using the solution.
If you are an organisation, before you share any personal information about any of your employees or contractors with us (via the solution), you must obtain authorisation from such individuals to the disclosure of their information to us as anticipated by these terms and the solution.
Personal information that you provide to us as part of your user profile (i.e. information that is not included on your virtual IC card, such as address, date of birth and contact details) will not be shared by us unless you specifically authorise it or disclosure is required by law.
We will use your information to communicate with you about our services (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 before 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.
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: email@example.com.
We will retain your personal information as long as you are a member of the 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.
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 Powered by JNCTN card. 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 username and password confidential. Your username and password must not be shared or accessible to anyone else.
You acknowledge that we may monitor your use of Powered by 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. 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 or any other person, company or business 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 solution is at your sole risk
- We disclaim and exclude all implied conditions and/or warranties; including any warranties that the solution are 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 Powered by 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 it to any person arising out of or in connection with or arising out of your use of the Powered by JNCTN solutions.
Without limiting any other rights and remedies available to us, we may suspend or terminate your membership if you breach these terms and conditions.
8. MEMBERSHIP TERMINATION: Your membership will immediately terminate if you or your organisation fail to pay the membership subscription renewal fee.
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.9. GENERAL CONDITIONS:
- System performance: We will endeavour to provide uninterrupted availability of its solutions (taking into account that solutions may occasionally be subject to 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.
Personal Information is any information that identifies you as an individual and is stored in the member’s profile information section of the portal; such as address, contact details, date of birth, and emergency contact information.
We (or our or us) means JNCTN NZ Limited.JNCTN Terms and Conditions July2019.pdf