The World Usability Day Bundle

Terms of Service

1. Formation of Agreement & Term
   1. These terms and conditions are the Agreement between Optimal Workshop Ltd and all users of The World Usability Day Bundle ("the Bundle") Services. Please read these terms and conditions carefully as they form the basis of a legal agreement between us. By using the Bundle Services you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.
2. Grant of License to use Service
   1. Optimal Workshop Ltd and the providers included in the The World Usability Day Bundle shall provide the Bundle software services ("the Service") for the periods described on the Bundle page ("the Term"). The Service shall be supplied by allowing you to access and use the Service at websites of the providers of the contents of the Bundle.
   2. Subject to the terms of this Agreement, Optimal Workshop Ltd hereby grants you a limited, non-exclusive, personal, non-sub-licensable, non-assignable license to access and use the Service for the Term on any browser or other applicable device owned or controlled by you, as described in the documentation, and subject to and in strict compliance with the restrictions described in this Agreement.
3. Restrictions on Use of License
   1. Notwithstanding anything in this Agreement to the contrary, you agree that you shall not:
      • operate or use the Service in a manner that violates any applicable local, state, national or international law or governmental regulation, policy procedure or ordinance;
      • access or use the Service if this license has been terminated by Optimal Workshop Ltd;
      • operate or use the Service, including the content, services and features contained in it, in a manner that violates this agreement or the Privacy Policy or other terms provided on the websites of the Bundle providers;
      • sell, assign, rent, lease, distribute, export, import, or otherwise grant rights in the Service, including the granting of a sublicense to any other person or entity;
      • undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service, its software or data;
      • collect any information or communication about any other Licensees or licensed users of the Service by monitoring, or by intercepting any process of or communication initiated by the Service or by developing or using any software or any other process or method that engages or assists in engaging in such activity;
      • attempt to hack the Service or any communication initiated by the Service or to defeat or overcome any encryption and/or other technical protection methods implemented by Optimal Workshop Ltd or the Bundle providers with respect to the Service and/or data and/or content transmitted, processed or stored by Optimal Workshop Ltd, the Bundle providers or other users of the Service;
   2. Nothing in this agreement shall prevent the distribution or sale by you of information created in whole or in part by your use of the Service.
4. Service Terms & Fees
   1. The Service in this agreement is granted for the Term at the License Fee (if any) specified for that Term.
   2. The License Fee (if any) is payable by you in advance of the Term.
   3. Renewal of the Term will incur a further License Fee. License Fees are subject to change, and all changes will apply as from your next Term.
5. Support
   1. If you have queries that are not addressed in the On Line User documentation or in the frequently asked questions (FAQs) of the Bundle providers, please contact the Bundle providers via the support channels published on their websites.
   2. The Bundle providers will use its best endeavours to respond to queries raised under the previous paragraph, but nothing in this clause commits the Bundle providers to a course of action or priority or to a timeframe for any response it may make to support queries.
6. Warranties
   1. You acknowledge that you purchase the Service for use in your business and that accordingly, the New Zealand Consumer Guarantees Act 1993 does not apply.
   2. Other than the warranties expressly contained in this agreement, those warranties implied by law and which are incapable of exclusion, restriction and modification, Optimal Workshop Ltd makes no other warranty, representation or undertaking whatsoever in respect of the Service.
7. Limitation of Liability
8. 1. The Service is provided "as is". There are no warranties, claims or representations made by Optimal Workshop Ltd, other than those expressly made in this agreement, and whether implied or statutory with respect to the Service, including but not limited to warranties of quality, performance, non infringement of copyright, merchantability, or fitness for a particular purpose, nor are there any warranties created by a course of dealing, course of performance or trade usage.
   2. While the Bundle providers shall endeavour to provide a robust hardware and software network environment to enable provision of the Service to you, Optimal Workshop Ltd does not represent or warrant that the Service will always be available, accessible, interrupted, timely, secure, accurate, completely error-free or will operate without packet loss, nor does  Optimal Workshop Ltd warrant any connection to or transmission from the Internet, or any quality of transmissions of data made through the Service and its associated software.
   3. You acknowledge that the entire risk of ascertaining suitability or risk arising out of the use or performance of the Service remains with you, to the extent permitted by law.
   4. In no event shall Optimal Workshop Ltd, the Bundle providers its affiliates, parent companies, subsidiaries, officers, directors, employees or agents be liable to you or to any third party claiming through you, whether in contract, tort (including negligence, breach of statutory duty or otherwise), for any direct or indirect, incidental, special or consequential damages, (including without limitation loss of profit, business, revenue, goodwill or anticipated savings any loss of data, service interruption, or computer failure) arising out of the use or inability to use the Service including any damage resulting therefrom, even if Optimal Workshop Ltd has been advised of the possibility of such damages.
   5. Your only right with respect to dissatisfaction or problems with the Service is to cease to access and to use the Service.
9. Force Majeure
   1. The Bundle providers will make all reasonable efforts to maintain the availability of the Service, but shall not be liable to you or any other party claiming through you in respect of anything which, apart from this provision, may constitute a breach of this agreement arising by reason of force majeure, including circumstances beyond the control of Optimal Workshop Ltd which prevent or limit Optimal Workshop Ltd's ability to perform its obligations under this agreement.
10. Confidentiality
    1. Optimal Workshop Ltd and the Bundle providers, their employees, agents and subcontractors, shall keep confidential all data and other information which shall come into their possession pursuant to the performance of this agreement.
11. Intellectual Property
    1. Optimal Workshop Ltd (and/or its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Service (including software, data format, text, graphics, websites, logos, icons and sound recordings used in supplying the Service) and other material underlying and forming part of the Services. You may not without our prior written permission, in any form or by any means:
       • adapt, reproduce, copy, store, distribute, perform, publish or create derivative software works from any part of the Service; or
       • commercialise or copy, the Service.
    2. Nothing in this agreement shall prevent the distribution or sale by you of information created or services supplied in whole or in part by your use of the Service.
12. Security and Data
    1. The Bundle providers shall provide a secure environment to protect the integrity and security of the Service and of your information and will use all practical endeavours to prevent data loss, but Optimal Workshop Ltd provides no guarantee against loss of data.
    2. The Bundle providers may use Third Party Hosting Service Suppliers to store data and to maintain the availability of the Service.
    3. Any data entered by you using the Service remains your property.
    4. The Bundle providers will not access, use or make available your data to any third party. However you agree to allow them to aggregate and use the metrics surrounding your data for the purpose of analysing its business and technical performance including benchmarking and comparison.
    5. You agree not to undertake, cause, permit or authorise the hacking of the Service or any part thereof (including data).
13. Service and Maintenance
    1. Periodically, and for the purpose of the Bundle providers or their service supplier contractors performing routine maintenance, applying software updates and security patches and updates, the Service may be unavailable to you (Outages).
    2. Wherever practically possible you will be notified in advance by email of any such Outage, giving the time of the Outage and the estimated time of unavailability of the Service.
14. Goods & Services Tax
15. 1. The parties agree that where the licensee is a New Zealand resident, then where dollar amounts are stated in this agreement or in any price list, those amounts are inclusive of New Zealand Goods and Services Tax of 12.5%.
16. Indemnity
    1. You agree to indemnify Optimal Workshop Ltd, the Bundle providers their officers, directors, shareholders, employees, agents and subcontractors from and against any and all damage, loss, cost, liability, tax and expense whatsoever (including all solicitor's fees on a solicitor/client basis, all actual court costs and associated fees and expenses and all disbursements) incurred by them relating to a breach by you of any term of this agreement and use of the Service.
17. Miscellaneous
    1. The failure by any party to enforce any provisions of this agreement at any time shall not operate as a waiver of that provision in respect of the particular act or omission or any other act or omission.
    2. This Agreement shall be governed by the laws of New Zealand, and each party irrevocably submits to the exclusive jurisdiction of the New Zealand courts.
    3. This Agreement constitutes the entire agreement between the parties.
    4. From time to time Optimal Workshop Ltd may publish revisions to this Agreement by publishing them here. At any time you wish to replace this Agreement with the then current published version of the Agreement, then you may agree to the revised Agreement, whereupon this Agreement shall be deemed altered and replaced by the Revised Agreement.
    5. Electronic Signatures. You acknowledge and agree that by clicking on the AGREE or BUY button (or similar buttons or links as may be designated by Optimal Workshop Ltd to show your acceptance of this Agreement and/or your agreement to access and use the Service), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
    6. Jurisdictional Matters. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and access or use the Service. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, you may not enter into this Agreement and you may not download, access or use the Service. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the Service is allowed.
18. Definitions
    1. In these Terms of Service:
       • "Agreement" is the agreement contained in these Terms of Service, and includes any revisions to these Terms of Service you have subsequently agreed to.
       • "Bundle providers" are any entities and their associated products they have been included as a part of the Bundle.
       • "Licensee" is any person or organisation having been granted a license under this or any other agreement to access and use the Service.
       • "License" is the right to use the Service for the Term that is evidenced by this agreement.
       • "You" refers to you as the licensee of the Service.
       • "Third Party Hosting Service Suppliers" are suppliers under contract to Optimal Workshop Ltd and/or the Bundle providers and who host or who may, over the currency of this License, host the software applications, data and information, web services and technologies used in the making available of the Service.

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