In these Terms:
Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the App. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Tsunami Ready Software. Your Confidential Information includes the Data.
Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the App.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a party includes that party’s permitted assigns.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person.
personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
App means the application having the core functionality described on the Website, as the Website is updated from time to time, and includes mobile apps, web apps and any other application software.
Start Date means the date that you first access or use the App.
Tsunami Ready Software means the software owned by us (and our licensors) that is used to provide the App.
Underlying Systems means the Tsunami Ready Software, IT solutions, systems and networks (including software and hardware) used to provide the App, including any third party solutions, systems and networks.
We, us or our means Alphero Limited, company number 2495810.
Website means the internet site at https://www.tsunamiready.co.nz or such other site notified to you by us.
Year means a 12-month period starting on the Start Date or the anniversary of that date.
You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
To avoid doubt, we are not required to comply with clause 11.5a to the extent that you have previously requested deletion of the Data.