In these Terms of Service, unless the context otherwise requires:
Transmeter means Transmeter Ltd and 'we', 'our' and 'us' have corresponding meanings.
Mobile application, mobile app or app means any software application developed for use on wireless computing devices and owned and operated by Transmeter including any updates to it which are made available by Transmeter from time to time.
User Credentials means a form of identification a user of Transmeter online services, together with a password, to gain access to services under the user’s Transmeter contract, for which registration of the user is required.
Terms of Service mean all of these Terms of Service, any further terms under your Transmeter contract and any changes made to them from time to time.
You means the person accessing or using any platform or service, and ‘your’, and ‘user’ have a corresponding meaning.
The Transmeter App provides you with access to data (or that of your clients, if applicable) in accordance with your contract with Transmeter. Data is only available for Transmeter clients with a current contract for services for monitoring sensor data.
Any failure to comply with these Terms of Service and those in your contract may result in restriction of access to your data.
Additional terms for particular services offered
2.1. From time to time, services, your access rights or the Terms of Service which you have entered into in relation to any particular service, may be changed by Transmeter. When this has occurred you may be asked to accept updated terms and conditions on your next use of that service. If you do not accept any updated terms and conditions, you may not be able to access that service.
2.2 Any such additional services and access, including Terms of Service of those additional services, are to be read in conjuction with these Terms of Service, and if there is any inconsistency between the additional services and access rights, the new additions and Terms of Service will prevail.
You are responsible for keeping your user credentials secure. If you believe an unauthorised person has access to these credentials you must notify us immediately. Transmeter will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you or any third party in connection with unauthorised use of your user credentials.
4.1. Your use of the Transmeter App must not infringe the intellectual property rights of any person.
4.2. All copyright and other intellectual property rights of the Transmeter App, Tranmeter’s services and all associated content is owned by Transmeter.
5.1. You must provide your own internet access and device in order to download, install and/or use the Transmeter App. You are responsible for all internet access, data download and other network charges arising from your downloading, installation or use of the Transmeter App (including any global roaming charges where you use an app overseas) and you acknowledge and agree that Transmeter has no responsibility or liability for those charges.
5.2. When using the Transmeter App you may be asked to grant the platform certain permissions and access. If you do not grant these permissions and access, you may be unable to use the platform or some of its features.
5.3. Access to and use of the Transmeter App is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational or technical reasons. Transmeter will, however, endeavour to give you prior notice if operationally practicable. If your data is required whilst access is not available, it can be requested via support@transmeter.nz, however this will not be instantaneous as it is a human-operated service.
5.4. You can only use the Transmeter App to view your data as provided in your contract with Transmeter and to transact lawful and authorised business with us and for no other purpose. You agree you must not use the Transmeter App (or attempt to use it) in the following manner:
5.4.1. For any unlawful or dishonest activity;
5.4.2. To access, transmit, publish or communicate material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code;
5.4.3. To obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
5.4.4. To transmit, publish or communicate bulk and/or unsolicited messages; or
5.4.5. In any way that may cause Transmeter, its suppliers or other users of the Transmeter App to incur liability to a third party.
5.5. Any use of a Transmeter mobile app is subject to any limitations or restrictions on the permitted use of the Transmeter App contained in the online store terms where you downloaded the app.
We reserve the right to prohibit links to our platforms and you agree to remove or cease any link upon our request. You may not frame any part of the material on our platforms by including advertising or other revenue generating material without our written permission.
7.1. To the fullest extent permitted by law, and in addition to Terms and Conditions in Your contract with Transmeter:
EXCLUSION OF LIABILITY
7.1.1. All representations and warranties (whether express, implied or statutory) are excluded, including without limit, suitability, satisfactory quality, fitness for purpose, compatibility, non-infringement, accuracy, security or completeness of the Transmeter App or the content on, or accessed through it; and
7.1.2. Transmeter will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you or any third party in connection with your access to or use of the Transmeter App, the content on, or accessed through the Transmeter App.
7.1.3 Although we have endeavoured to ensure the content via the Transmeter App is current, accurate and complete, we do not warrant that such content will be current, accurate or complete when you access it.
The Terms of Service and Customer Privacy Policy forms a part of our contract for services with you. By entering a contract with Transmeter you agree to Transmeter collecting and using your personal information as set out in this Customer Privacy Policy and in your contract with Transmeter. If you decide not to provide the personal information requested when you register and use the Transmeter App, this may result in services or products not being able to be provided to you.
You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through Transmeter’s platforms.
These Terms of Service and any matters or disputes connected with any Transmeter services and the Transmeter App will be exclusively governed by New Zealand Laws. In the event of any dispute or disagreement between Transmeter and you on any matter arising from your contract with Transmeter or use of the Transmeter App or the respective rights and interests of either party, the matter shall be resolved within the jurisdiction of New Zealand by mediation or failing that by an arbitrator whose decision will be binding on both parties (in accordance with the most recent amendments of the Arbitration Act).
11.1. Transmeter may at any time and without notice, remove, amend and/or vary any of the content which appears on the Transmeter App, or cease operating the Transmeter App and any related services in whole or in part.
11.2. We may also amend these Terms of Service from time to time so you should check and read these Terms of Service regularly. By continuing to use the platform after any such amendment, you are deemed to have agreed to that amendment.
If you have any questions or concerns in relation to these Terms of Service or the Transmeter App please contact us at support@transmeter.nz.
These Terms of Service were last updated on 07 November 2024.