Terms of use and Privacy


Your use of, and access to, this web site and our Digital Signing services are subject to you reading and accepting the following Terms of Use and accepting them when you register as a registered user.

WE MAKE NO REPRESENTATION WHATSOEVER ABOUT THE VALIDITY OF ANY DOCUMENT WHICH YOU ARE PROPOSING TO SIGN USING OUR DIGITAL SIGNING SERVICES. YOU NEED TO SATISFY YOURSELF THAT THE DOCUMENT YOU ARE PROPOSING TO SIGN USING OUR DIGITAL SIGNING SERVICES IS CAPABLE OF BEING SIGNED IN THAT MANNER. YOU SHOULD BE AWARE THAT CERTAIN COUNTRIES STATUTES DICTATE HOW DOCUMENTS SHOULD BE SIGNED FOR WHICH DIGITAL SIGNING MAY NOT BE VALID. FOR EXAMPLE, BUT WITHOUT LIMITATION, THE FOLLOWING TYPES OF DOCUMENTS SHOULD NOT BE SIGNED IN NEW ZEALAND AND IN SOME STATES IN AUSTRALIA USING OUR DIGITAL SIGNING SERVICES: WILLS, DOCUMENTS TRANSFERRING AN INTEREST IN LAND, POWERS OF ATTORNEY, AND DEEDS.

Terminology

In these Terms of Use, the expressions “we”, “us” and “our” are a reference to Secured Signing Limited.

Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

Registration

In order to access the Digital Signing services offered on this web site, you must register as a registered user. To become a registered user, you must be over 18 years of age, able to form a legally binding contract and a resident of one of the countries in the registration form. You must complete your registration details in the manner described on the web site. You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied. Upon registration as a registered user you agree that your username and password are personal to you and you shall at all times maintain the confidentiality of your username and password and not disclose them to any third party. We are entitled to assume that you are the person utilising our Digital Signing services and that where payment is required from you under these Terms of Use, you are the person making payment. You agree to inform us at once by email or telephone if you believe that your account information is being misused by a third party so that we may suspend your account. You agree to indemnify us against any and all loss, claims or expenses arising out of your failure to maintain the confidentiality of your username or password. We reserve the right to terminate your registration at any time if you breach these Terms of Use. Upon registration as a registered user you agree to pay for our Digital Signing services, where payment is required from you under these Terms of Use.

Charges and Payment

The charges and options in terms of our Digital Signing services are set out on our web site in our pricing plans (Pricing Plans).We will not charge you for using our Digital Signing services where that use solely relates to you signing a document which another registered user has invited you to sign and we agree that such use by you of our service will not be subject to a Pricing Plan. We can vary the Pricing Plans for our Digital Signing services from time to time and we will notify you on this web site at least 10 working days prior to making any changes to our Pricing Plans. Where you cancel your registration and/or no longer use our services, no part of any payment made by you shall be refunded to you. Likewise, where you choose our pre-paid Pricing Plan and you do not use all of the monetary credit available to you within the applicable period, no part of your monetary credit will be refunded to you.

Your responsibilities

  • Comply with these Terms of Use and any other agreements which you may have with us or our licensors;
  • Make sure all information which you supply to us is current, complete, accurate
  • Comply with all applicable laws, regulations, standards and codes;
  • Not damage or disrupt our web site, its content or any service supplied by us;
  • Not access, use or interfere with anybody else’s Digital Signing service or email or other communications which are not intended for you;
  • Not use our web site, its content or any service supplied by us:
    (a) For sending spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;
    (b) To abuse, defame, threaten, stalk or harass others;
    (c) For sending objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;
    (d) For running any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;
    (e) For introducing any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else’s network or computer system;
    (f) To extract content from our web site without our prior specific written permission including, without limitation, by screen scraping;
    (g) For using any software or device which may interfere with the services which are intended to be enjoyed by other users through use of mail bombs, war dialling, pinging or other disruptive technical means; and
    (h) Using a false identity for the purpose of misleading others as to the identity of the sender or origin of any message.

User submitted content

You are solely responsible for any content and other material that you submit to your registered user account or otherwise via our web site. You may not post, distribute, or reproduce in any way any copyrighted material, trade marks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or breaches any applicable legislation. You will at all times adhere to these Terms of Use. You retain copyright any other rights you already hold in content which you submit to your registered user account via our web site. We may remove or alter any content at any time and for any reason, in or sole discretion, including (but not limited to) the following circumstances:

  • Where the content is, or might be, objectionable, offensive, unlawful or defamatory or otherwise breaches these Terms of Use;
  • Where we receive a takedown notice under Section 92C and Section 92D of the Copyright Act 1994 or any similar legislation in any jurisdiction; and
  • Where we have reasonable cause to believe that the party posting the content has in the past engaged in any dishonest or unethical practices in relation to our web site or any similar web site or service, or has in the past breached these Terms of Use.

Intellectual Property

You acknowledge that we are the sole and exclusive owner and/or authorised licensee of all copyright, trade marks and all other intellectual property rights (Intellectual Property) in the Digital signing services, software, text, graphics and other material (Content) displayed or available through this web site. Unauthorised use of the Content is strictly prohibited and may infringe our Intellectual Property or our licensor’s Intellectual Property. No content may be reproduced, published or transmitted in any manner without our prior written consent. In particular, you may not without our prior written permission:

  • archive the Content or any part of it;
  • remove the copyright or trade mark notice from any copies of Content made available under these Terms of Use;
  • form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
  • deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or
  • redistribute, resell or republish the Content.

Disclaimer and Liability

"WHILE WE HAVE ENDEAVOURED TO ENSURE THAT ALL THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER COMMUNICATIONS IS ACCURATE AND UP TO DATE, WE MAKE NO WARRANTY AS TO THE ACCURACY, RELIABILITY OR SUITABILITY OF THE INFORMATION ON THIS WEB SITE. IN ADDITION, WE MAKE NO WARRANTY THAT THE WEB SITE OR ANY CONTENT POSTED ON THIS WEB SITE OR SENT TO YOU BY EMAIL WILL BE FREE FROM VIRUSES OR ANY KIND OF MALICIOUS CODE WHATSOEVER. WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF OUR DIGITAL SIGNING SERVICES."

We (including our officers, employees and agents) will not be liable, whether in contract, tort (including negligence), equity or on any other basis to you or any third party for any direct, indirect or consequential damage, loss, cost or expense (including, without limitation, damage to property, injury to persons, loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had, denial of service or access to our web site) arising from the use of our web site, its content or any service supplied by us. We have no obligation to monitor the web site for appropriate content or conduct, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of any user submitting any such content. However, we reserve the right, at any time we choose and in our sole discretion, to access, read, preserve and disclose any information as we consider necessary to:

  • satisfy any applicable law, regulation, legal process or governmental request,
  • enforce these Terms of Use, including investigation of potential breaches of the same,
  • detect, prevent, or otherwise address fraud, security or technical issues,
  • respond to user support requests,
  • protect the rights, property or safety of us, our users and the public.
We will not be responsible or liable for the exercise or non-exercise of our rights under these Terms of Use. We do not represent or warrant that data or other content provided by you will be stored indefinitely. We may store such data indefinitely or, in our sole discretion, for a reasonable period of time (which may vary based on the reason for that supply and storage of such data) and may then delete such data without notice to you and without your prior consent. As a general rule, we will delete all data and content within 7 days of the anticipated date on which the material was to be signed. We are not a contracting party to any transaction whatsoever facilitated through our web site.

"ALL TRANSACTIONS ARE CONDUCTED AT THE PARTIES’ OWN RISK AND WE HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER IN RELATION TO ANY TRANSACTION FACILITATED THROUGH OUR WEB SITE. IF, NOTWITHSTANDING THE ABOVE, A COURT OF COMPETENT JURISDICTION HOLDS US (OR ANY OF OUR OFFICERS, EMPLOYEES OR AGENTS) LIABLE IN RESPECT OF ANY MATTER ARISING UNDER OR INCIDENTAL TO THESE TERMS OF USE, OUR TOTAL AGGREGATE LIABILITY WILL BE LIMITED TO THE LESSER OF:

  • THE SUM PAID BY YOU TO USE OUR DIGITAL SIGNING SERVICES; OR
  • THE SUM OF $100.00."
If you are using our web site, its content or any service supplied by us for purposes other than in relation to a business, we accept that you have rights under the Consumer Guarantees Act 1993. Nothing in these Terms of Use is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit in accordance with these Terms of Use. You agree to indemnify us and keep us indemnified against all damages, costs, losses (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with your access or use of this web site or use of our Digital Signing services, whether in tort, contract, equity or otherwise. You shall indemnify us against any third party claim arising from or in any way related to your use of our services.

Linked Web sites

This web site may contain links to other web sites (Linked Web Sites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Web Sites. Links with Linked Web Sites do not constitute an endorsement, approval or recommendation by us of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites.

Links to this Web Site

You must not create a link to any part of this web site without our prior written consent. If you do create a link to any page of this web site, you acknowledge that you are solely responsible for the consequences of that link and you indemnify and will keep us indemnified against all damages, costs, losses (including without limitation, loss of profits) and expenses of any kind, whether direct or indirect, arising from, or in connection with, that link, whether brought in tort, contract, equity or otherwise.

Access to this Web site

Access to this web site and our Digital Signing Services may be terminated at any time by us without notice. These Terms of Use will nevertheless survive any such termination. You acknowledge that your use of this web site and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, we do not make any warranty that the web site or our services will be error free, without interruption or delay or free from defects in design or engineering.

Cookies

We may use cookies to track user traffic patterns and to better serve you when you visit the web site. A cookie is a small data file that a web site may write to your hard drive when you visit it. A cookie file can contain information, such as a user ID, that the web site uses to track the pages you have visited. The only personal information a cookie can contain is information you personally supply. A cookie cannot read data off your hard disk or read cookie files created by other web sites. You can set your browser to notify you when you receive a cookie, providing you with the opportunity to either accept or reject it. You can also refuse all cookies by turning them off in your browser, however doing so may limit your ability to use this web site.

Assignment

You may not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use.

Governing Law

This web site is governed by, and is to be interpreted in accordance with, New Zealand law. Any disputes between you and Secured Signing Limited will be resolved by the New Zealand courts. To the fullest extent permitted by law, we exclude all responsibility for the compliance of this web site or the information contained in it with the laws of any other country.

Privacy Policy

We will collect personal information provided by you when you interact with us, such as when you register to use the services we offer and when you provide us with feedback. Failure to provide necessary personal information when requested may result in certain services not being available to you. We may also collect general information about site use, search statistics, traffic patterns, membership demographic profiles, demand for relevant services, facilities and information and related site information. These statistics will not include any information, which personally identifies you. Personal information we collect may be used:

  • to verify your identity and assist you in case you forget your password or login details where those are necessary to access any products or services provided by us;
  • for carrying out credit checks and for authorising and processing credit card transactions (if applicable) which you enter into on this web site;
  • to provide information to you about other web sites, products and services, which we consider may be of interest to you;
  • for future marketing, promotional and publicity purposes, including carrying out direct marketing, market research and surveys; and
  • for any other uses that you authorise.
We will not use or disclose any information that may identify you for any other purpose without your consent except where we believe in good faith that we are required by law to disclose such information or that we have your prior authorisation, which we will usually obtain at the time of collecting information from you. Any personal information that you provide to us will be collected and held by us at 5 Ceres Court, Albany, Auckland, New Zealand. Under the Privacy Act 1993, you have rights of access to, and to request correction of, any personal information about you that is held by us. The Internet is not a secure environment. If you send us any information, including your email address, it is sent at your own risk. If you believe that any information that we hold about you is inaccurate or out of date, or you would like to be removed from any mailing list or service please contact us at customercare@securedsigning.com .


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