The following Terms and Conditions apply to the supply of all Solutions and Services including any of its components by iMonitor Ltd New Zealand (iMonitor) to its customer (Customer):
- iMonitor provides Customers with:
(a) temperature and/or humidity monitoring solutions using the hardware, software and its services (collectively known as, Monitoring Solution);
(b) an online Food Safety Plan, which can be integrated with its Monitoring Solution
- iMonitor can assist Customers, via these solutions, to monitor their food safety and compliance
2. USE OF iMONITOR SOLUTION(S)
- The Customer acknowledges and agrees that:
(a) Components of the Solution may be unavailable from time to time for maintenance;
(b) iMonitor may change, update or otherwise amend components at its discretion.
- The Customer is responsible for acquiring and maintaining all third-party technology and telecommunication that may be required to access and operate iMonitor’s Solution (Customer Components).
- The Customer will ensure that all Customer Components comply with the specifications provided. iMonitor is not liable for any losses/damages suffered in relation to the Customer Components.
- By agreeing to use the iMonitor service you agree to receive SMS and in-App notifications.
3. ORDERS & DELIVERY
- iMonitor will only accept Orders strictly under these stated ‘Terms and Conditions’
- No Order will be binding until iMonitor is notified of such acceptance. Upon acceptance by iMonitor, this will constitute a binding agreement between iMonitor and the Customer.
- The Customer must provide all relevant information required by iMonitor for the Order. If iMonitor discovers that the information provided by the Customer is untrue, inaccurate, not current or insufficient – iMonitor has grounds to renegotiate, suspend or terminate the agreement
- Any suspension/termination will result in automatic suspension of all access to iMonitor’s Solution(s)
- Delivery dates and times quoted by iMonitor are estimates only and may change due to external factors
- iMonitor will deliver the Hardware to the location agreed with the Customer, along with instructions on how to install and access the Software and other Services.
- Where setup and/or training is required by Customer, this can be arranged and it will incur additional fees based on the Customer install site. This additional one-off fee is non-refundable.
- iMonitor has the discretion to refuse delivery of the Solution to the Customer where:
(a) the Customer is in breach of any provision of the Agreement; or
(b) any item of the iMonitor Solution is unavailable.
4. SOFTWARE LICENCE AND HARDWARE
- In consideration of the Customer paying all amounts due under this Agreement, iMonitor will:
(a) grant to the Customer a revocable, non-transferable and non-exclusive licence to access the Software;
(b) give the Monitoring Solution (hardware & software) to the Customer and where required, provide appropriate services as agreed under the Agreement
- The Customer agrees to use the Solution for its intended purpose, strictly in accordance with the Agreement
- The Customer users must maintain the integrity of individual log-in security
- iMonitor owns the equipment, software, documentation and intellectual property associated with the solution
5. HARDWARE DAMAGE AND DEFECTS
- If the Customer notifies iMonitor in writing within 5 Business Days of delivery, and if in iMonitor’s opinion the Customer’s notification is valid, iMonitor will in its discretion repair or replace the Hardware, in which case iMonitor will not have any further liability to the Customer.
- The Customer must check the Hardware immediately after delivery and must notify iMonitor of any short supply or damage/defect within 5 Business Days of delivery. Failure to do so means the Customer irrevocably releases iMonitor from all liabilities.
- If iMonitor determines any item of equipment may have been damaged due to the actions or negligence of the Customer, and/or if equipment is not returned to iMonitor within 14 days, the Customer must pay for the replacement item(s) of Hardware and all associated costs (postage and processing).
6. PRICE AND PAYMENT
- The Customer agrees, under the terms of agreement, to pay the fees for the Solution provided as outlined in Schedule 1 (Pricing)
- To utilise the solution, the Customer must pay all fees due under the Agreement. The monthly payment will be charged in advance. A one-off charge may be applied at commencement of the Agreement
- Payment can only be made via electronic banking or direct debit.
- All invoices submitted by iMonitor shall be paid within ten (10) days of the date of invoice. Failure to make payment may result in an “interest charge” on defaulted amount. Interest will be accrued daily from the due date of actual payment; compounding rate will be 10% per month. The Customer may incur additional fees associated with debt collection, in the event iMonitor refers any outstanding debt to a credit collector.
- All prices and/or charges outlined under this Agreement are in New Zealand Dollars and exclusive of GST.
7. WARRANTIES & EXCLUSIONS
- iMonitor warrants that the hardware will not be defective in respect of materials and workmanship for the duration of the Service Agreement. Proof of original purchase must be produced when claiming on this warranty.
- No warranty is provided for loss of data between the Customer Components and iMonitor’s Solution
- iMonitor will not be liable for any losses relating to any failure by the Customer to secure its log-in details.
- iMonitor will not be held liable for any direct, indirect losses and/or consequential damages and losses due to the failure of any part or whole of the iMonitor solution.
- Warranties specified in this section (Clause 7) will not apply to defects arising (directly or indirectly) from:
(a) the operation or storage of any item comprising the iMonitor solution;
(b) Misuse, improper handling and maintenance of any item comprising the iMonitor solution; and
(c) Unauthorised modification of any item comprising the iMonitor solution.
- If, due to a Force Majeure event, iMonitor is prevented, either directly or indirectly, from performing its obligations under this Agreement, iMonitor may:
(a) Extend the time for delivery of any item or service comprising the iMonitor Solution; and
(b) Refund any amount paid by the Customer for any item or service comprising the iMonitor Solution not yet delivered (thereby releasing it from this Agreement).
- SMS and in-App notifications delivery or push notifications can not be guaranteed.
All alerts provided on “best-effort” service.
8. TERMINATION AND SUSPENSION
- iMonitor will have the right to immediately terminate this Agreement if:
- (a) The Customer is in continuous default (over 10 days) of any payment due under this Agreement;
(b) The Customer experiences an Insolvency Event; or
(c) The Customer breaches any other term stipulated in this Agreement and does not remedy that breach within Ten (10) days of notice from iMonitor.
- If iMonitor terminates this Agreement:
(a) the Licence will be revoked immediately;
(b) iMonitor will have the right to immediately terminate the Customer’s access to the iMonitor Solution, and to cease providing the Services; and
(c) the Customer must, if requested by iMonitor, immediately return all Hardware to iMonitor, at the Customer’s cost
- iMonitor reserves the right to suspend the Customer’s access to the iMonitor Solution during any period in which the Customer is in breach of this Agreement. If iMonitor suspends Customer access to the Solution, iMonitor will not be liable for any loss or damage suffered by the Customer during this period.
- If the Customer breaches any provision of this Agreement, iMonitor may refuse any future supply or delivery of any iMonitor Solution until the Customer remedies every breach.
- This Agreement is governed by the law of New Zealand and may only be waived in writing only
- iMonitor will abide by the Privacy Act 1993 New Zealand
- iMonitor reserves the right to collect data from the Solution(s) to further improve its product & services.
- iMonitor will always endeavour to manage the data, its integrity and backups securely on cloud.
- The parties agree that any orders placed online by the Customer will be accepted electronically and the agreement formed is valid and in accordance with the Electronic Transactions Act 2002 New Zealand.