Terms

Last update: November 11, 2017

Taggun Limited Terms of Use

By using the Service, you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom You use the Service. If You do not agree to these Terms, You are not authorized to access and use the Service, and You must immediately stop doing so.
 
Taggun reserves the right to modify the Terms from time to time without prior notice, effective upon posting an updated version of these Terms on the Service or Website. You are responsible for regularly reviewing these Terms. Continued use of the Service after any such modifications to the Terms shall constitute Your consent to such modifications.
 

Definitions

  • “Confidential Information” means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Taggun’s Confidential Information includes Intellectual Property owned by Taggun (or Taggun’s licencors), including the Software. Your Confidential Information includes the Data.
  • “Data” means any data inputted by You or with Your authority into the Website and Service.
  • “Service” means the receipt transcription services made available (as may be changed or updated from time to time by Taggun) via the Website.
  • “Software” means the software owned by Taggun that is used to provide the Service.
  • “Taggun” means Taggun Limited, NZ Company number 6268047.
  • “Terms” means these terms titled Taggun Limited Terms of Use.
  • “Website” means the internet site at https://www.taggun.io, or any other site operated by Taggun.
  • “You” means your or both you and the other person on whose behalf you are acting. “Your” has a corresponding meaning.
 

Provision of the service

  1. Taggun must use reasonable efforts to provide the Service:
    1. in accordance with these Terms and New Zealand law;
    2. exercising reasonable care, skill and diligence; and
    3. using suitably skilled, experienced and qualified personnel.
  2. Taggun’s provision of the Service to You is non-exclusive. Nothing in these Terms prevents Taggun from providing the Service to any other person.
  3. Taggun must use reasonable efforts to ensure the Service is available on a 24/7 basis. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place. Taggun must use reasonable efforts to publish on the Website details of any unavailability.
  4. Through the use of web services and APIs, the Service interoperates with a range of third party service features. Taggun does not make any warranty or representation on the availability of those features.

Data

  1. You acknowledge that Taggun may require access to the Data to exercise Taggun’s rights and perform Taggun’s obligations under these Terms; and Taggun may authorize a member or members of Taggun’s personnel to access the Data for this purpose.
  2. You must arrange all consents and approvals that are necessary for Taggun to access the Data.
  3. You acknowledge and agree that to the extent Data contains personal information, in collecting, holding and processing that information through the Service, Taggun is acting as Your agent for the purposes of the New Zealand Privacy Act 1993 and any other applicable privacy law. You must obtain all necessary consents from the relevant individual to enable Taggun to collect, use, hold and process that information in accordance with these Terms.
  4. You agree that Taggun may store Data in secure servers in Australia and the United States of America and may access that Data in Australia, the United States of America and New Zealand from time to time.
 

Confidentiality

  1. Each party must, unless it has the prior written consent of the other party:
    1. keep confidential at all times the Confidential Information of the other party; and
    2. effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorized access or use.
  2. The obligation of confidentiality does not apply to any disclosure or use of Confidential Information:
    1. for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
    2. required by law;
    3. which is publicly available through no fault of the recipient of the Confidential Information or its personnel; or
    4. which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality.
 

Your obligations

  1. You warrant that You have provided accurate and valid information requested during the registration process.
  2. You warrant that You will use the Service only for lawful purposes. You must not violate any laws in Your jurisdiction, including but not limited to any copyright laws.
  3. You are prohibited from violating, or attempting to violate, the security of the Service.
  4. You warrant that during Your use of the Service You will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with Taggun or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Taggun customer, employee, member, or officer.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without written permission by Taggun.
  6. You understand that Taggun uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service.
 

Copyright Terms

  1. You acknowledge that the Service is licensed to You and that Taggun retains ownership of all rights, titles and interests to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to:
    1. copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any services, without Taggun’s prior written approval; or
    2. sell, license, rent, or transfer the Service to any third party. Taggun (and its licensors, where applicable) shall own all rights, titles and interests, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by You or any other party relating to the Service.
  2. Taggun claims no intellectual property rights over any of the content or Data You upload or add to the Service. All Data added to the Service by You or users of Your account retains its original ownership.
 

Disclaimers

  1. Taggun is not responsible for any incorrect or inaccurate content posted on the Website or Service. 
  2. Taggun does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. Taggun is not in any way responsible for any such interference or prevention of Your access or use of the Service.
  3. The provision of, access to, and use of, the Service is on an “as is ” basis and at Your own risk.
  4. It is Your sole responsibility to determine that the Service meets the needs of Your business and are suitable for the purposes for which they are used.
  5.  Taggun does not warrant that:
    1. the service will meet Your specific requirements,
    2. the results that may be obtained from the use of the service will be accurate or reliable, and
    3. the quality of any products, services, information, or other material purchased or obtained by You through the service will meet Your expectations.
 

Indemnity

  1. You agree to indemnify and hold Taggun harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Website and the Service in violation of these Terms or Your violation of any law or the rights of a third party.