TERMS AND CONDITIONS

General

By entering valid details, clicking login and accessing the Pathplayer® system, you accept the following terms and conditions, which may be amended time to time without prior notice. You confirm that you have reviewed any amendments each time you revisit this website. Your use of this website (and our records of this) will represent an agreement by you to be bound by the terms and conditions as amended.

You must ensure that your access to this website is not illegal or prohibited by laws that apply to you. You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your computer system, or to expose Pathplayer® to any such damage.

You may not sell or sublicence your rights under this agreement. You may not sell or sublicence data obtained from this website.

If you wish to provide a hypertext or other database link to this website or the data contained therein, you must contact us for our permission.

Any reference to "Tranz", "we", "our" or "us" in these terms and conditions shall mean Tranz Products Limited.

Intellectual Property

All intellectual property rights (including, without limitation, copyright, non-structural copyright, database rights, trade marks, patent and design rights, logos, drawings, graphics, trade secrets, confidential information, documents, data, ideas, procedures, calculations and all other statutory and common law rights and interests) in or to any materials, data, data structures, user interfaces, database schema, data capture processing or data published on or provided through this website are owned or licensed by us. PathPlayer is registered as a trademark in New Zealand under registration number 828502 and registration number 1124685. You must not use any of our trade marks without express written consent.

You may only access, store or print data from this website provided it is used under an express commercial licence agreement from by us.

Ownership of data

The data collected and stored on our servers (or under their control or on their behalf) is owned exclusively by us. Each licence agreement with each customer, allows for restricted access, for a specific purpose or use, for a limited period. The data must not be accessed or stored outside of the licence conditions. If you wish to purchase other rights to the data please contact us to discuss this.

No warrantee

While we make our best efforts to acquire and store the data accurately, we provide no warranty as to the completeness or accuracy of the data. We also cannot guarantee that our servers will be available 24/7 or have 100% uptime. They need to be taken down for maintenance and are subject to software and hardware failure.

No data transmission over the internet can be guaranteed as totally secure. We make our best effort to protect such data, but there is no guarantee of the security of any data that is acquired, stored or transmitted to or by us. Accordingly, any data is acquired, stored or transmitted at your own risk. Nevertheless, we will take reasonable steps to preserve the security of such data in accordance with the Privacy Act 1993.

Where we provide informative emails or alerts, we make our best effort to protect such data, but there is no guarantee that such emails will include accurate content, be correctly sent, transmitted or received.

No Indemnity

We do not indemnify you in any way for any liability for the use of this website, the associated data collection equipment, the data or use of the data acquired.

Termination of access

We may terminate access to this website at any time without notice. You agree that our limitation of liability survives such termination.

Limitation of Liability

We do not accept any responsibility or liability for any direct, indirect, incidental, consequential, special, exemplary or punitive damage, or for any loss of profit, income or any intangible losses or any claims, costs expenses, or damage, whether in contract, tort (including negligence), equity or otherwise, arising directly or indirectly from, or connected with, your use of this website, or your reliance on data contained in or accessed through this website, any inaccuracy of the data acquired or stored, including the failure to acquire, store or transmit data.

We do not warrant that you will have continued access to this website and will not be responsible or liable for any loss, claims, costs, expenses or damage directly or indirectly incurred or resulting from or related to your inability to use or access this website.

To the extent permitted by law, any condition or warranty, whether express or otherwise implied in these terms and conditions, including fitness for purpose, is hereby excluded.

By agreeing to access this website you agree that you are using this website for business purposes, and that you agree that the New Zealand Consumers Guarantees Act 1993 does not apply.

To the extent we are liable in law for any purpose, you agree that our liability is limited to the yearly cost of your licence fee.

Governing law

These terms and conditions and any matters or disputes connected with this website shall be governed by the law of New Zealand. In the event of a dispute the parties agree that the dispute will be resolved exclusively by expert determination under the terms of the AMINZ expert determination model clause as exists at the time this contract is formed.

Complaints

If you have a complaint about the content of this website, please contact info@tranzproducts.co.nz.

Privacy policy

All information collected through or in connection with this website is controlled, stored and held by us or its web service provider(s) in accordance with the Privacy Act 1993.

This privacy policy covers our use of information that is collected through or in connection with this website.

We may collect contact information about users of this website. The contact information that we may collect includes user name, email and phone number.

You directly provide us with most of the personal data we collect. We collect data and process data when you:
  • Register online or licence our service.
  • Voluntarily complete a customer survey or provide feedback via email.
  • Use or view our website via your browser’s cookies.
We may also receive your data indirectly from the following sources:
  • From a reseller or distributor of our equipment.
  • From project contact person or contractor responsible for providing Pathplayer® data (such as reports and/or alerts) to you.

This information may be used to:
(a) Send targeted email and/or SMS alerts regarding data outside of predefined equipment monitoring thresholds.
(b) Send you news, information about our activities and general promotional material that we believe may be useful to you.
(c) Respond to queries or requests or process orders or applications submitted by you.
(d) Monitor who is accessing this website or using the services offered on this website, for marketing or internet security purposes. This information may be shared with trusted third party service providers.
(e) Profile the type of people accessing this website.
(f) Monitor your activity on the website where any data changes and/or settings change done by you will be stored in a change log.


If you do not wish to have your personal information used in this manner or for any other specific purpose, please email info@tranzproducts.co.nz to advise us of this.

We may utilise ‘cookies' that enable us to monitor traffic patterns and to serve you more efficiently if you revisit this website. A cookie does not identify you personally, but rather it identifies your computer. The type of information collected by way of a cookie includes your IP address, the date and time this website was accessed and what parts of this website were viewed and delivered. You can set your browser to notify you when you receive a cookie, and this will provide you with an opportunity to either accept or reject it in each instance.

We are not responsible for the privacy policy or practices of other websites, even if you have accessed those websites using links from this website or you linked to this website from another website. We recommend you check the privacy policy of each website you visit.

We will not sell or otherwise provide your personal information to a third party or make any other use of your personal information for any purpose that is not incidental to your use of this website.

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request, but we may still disclose that information if:
(a) we subsequently notify you of the intended use or disclosure and you do not object to that use of disclosure
(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions
(c) we are required by law to disclose that information.

We will preserve the content of any email you send us if we believe we have the legal requirement to do so, and for backup and IT security purposes. We may monitor your data or email content for trouble-shooting or maintenance purposes or if any form of IT issue is suspected.

Personal information that we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission over the internet.

You are entitled to have access to any personal information relating to you that you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it. Every user is entitled to the following:
  • The right to access – You have the right to request us for copies of your personal data. We may charge you a small fee for this service.
  • The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.
  • The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
  • The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
  • The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
  • The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: info@tranzproducts.co.nz

If you wish to make an enquiry regarding any personal information relating to you that may be in our possession, contact info@tranzproducts.co.nz.

Should you wish to report a complaint or if you feel that we have not addressed your concern in a satisfactory manner, you may contact the Privacy commissioner at https://www.privacy.org.nz/about-us/contact/ .