Terms of Use
HuM (referred to as “HuM” or the “System”) is a cloud based CRM service provided by IMMagine New Zealand Limited, Level 2, 55-57 High Street, Auckland 1010, New Zealand (referred to as “IMMagine”). The following terms and conditions govern your use of and our provision of the HuM system, including the use and storage of your data within the system. If you have any questions regarding these terms, please contact us directly.
Please read these terms carefully. By using HuM or signing up for an account, you’re agreeing to these terms. These terms apply to any business or individual that has registered for the service or is created as a user within the service. This is a legal agreement.
1) Account
By using HuM, you represent and warrant that you meet all the requirements/obligations contained in these terms, and that you won’t use HuM in a way that violates any applicable laws or regulations. HuM may refuse service or close accounts of any users at any time for a breach of these terms.
2) Payment
Our charges are based on the payment plans listed on the HuM website. When registering for the service you will be asked to select the payment plan appropriate to your situation. You will be billed in accordance with the payment plan selected when registering unless you have been provided with a “demo period” or a “discounted rate” via a promotion code or with the authority of a representative of IMMagine or HuM.
IMMagine and HuM reserve the right to cancel or suspend any account for non-payment of services, delayed payments or any overdue payments (where delayed payments or an alternative payment plan has been agreed to). In addition to clause 8 “Limitation of Liability”, no liability for any loss or disruption of service will apply to IMMagine or HuM for any canceled or suspended accounts due to late or non-payment.
3) Terms
These terms begin when you sign up for HuM and continue in accordance with clause 9. Registering an account or having an account registered for you by a third party or representatives or staff of HuM or IMMagine will serve as confirmation that you have agreed to these terms. If you sign up for HuM on behalf of a company or other entity, you represent and warrant that you have the authority to accept these terms on their behalf.
4) Term
This agreement is terminable by either party on one month’s notice in writing or upon cancellation (unsubscription) or suspension of your HuM account.
5) Changes to Terms of Use
IMMagine reserves the right to amend these terms of use at its discretion and without prior consultation with any subscribed customers. Any amendments to these terms will take effect once they have been published to the HuM website or notified by direct email and will remain in effect until further notice. Due to the potential volume of customers, terms of use will not be individually modified for individual customers.
6) Passwords and General Security
You are responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses (financial or otherwise) due to stolen, released or hacked passwords.
7) Rights and Ownership
All content, data and documentation inputted by you and stored within the system remains your property.
All other information contained within the system, including but not limited to source code, brand images, content and associated documentation remains the property of IMMagine. By agreeing to these terms you agree that you will not copy, reverse engineer or purport to own any of the elements of the system including those above. You also agree that you will not sub-license any accounts or user permissions within the system.
IMMagine will never release your information or any information that you enter into the system to any third parties, without your express, written permission and will only request this permission where it is necessary to maintain or operate the system.
8) Use
You agree to use the system for its intended purpose and that the volume or amount of data stored in or uploaded to your HuM account is within the limits set by your account type.
Where an account type provides for “unlimited” storage or records you agree that this must be within reasonable limits and within the intended purpose of the system. Use of the system to store excessive volumes of data or data that may be illegal/prohibited in nature will constitute a breach of these terms. The definition of “excessive” is any use that exceeds normal customer use patterns. IMMagine reserve the right to suspend or cancel your account where it is deemed that the use of the system falls outside of the scope and limitations of these terms.
You warrant that the data uploaded in the system belongs to you and is not the property of any other person.
9) Limitation of Liability
Whilst all care is taken to ensure the stability, security and reliability of the system, to the maximum extent permitted by law, you assume full responsibility for any loss (financial or otherwise) that results from your use of HuM and it’s associated services, including the storage of any data, files, documentation or otherwise and any use of the system in any context or environment for any purpose (within these terms).
10) Limitation of Liability
You may not assign any of your rights under these terms to anyone else. We may assign our rights to any other individual or entity at our discretion.
Even if your use of the system ends you agree that all terms of use stated here shall remain in force (where applicable) in perpetuity.
11) Confidentiality and Non-Disclosure
Your Information
Any and all information entered in to or stored within your HuM account and entered by you or any authorized representative or permitted user (“information”) will be treated with the strictest of confidence. Without limitation, we will not use the information ourselves and we will never release any information within HuM that belongs to you, to any third party. The only exceptions to this are where you provide express written permission by an authorized client company executive for us to do so or it is a legal requirement for us to provide this information to a third party.
IMMagine and HuM reserves the right to amend, change or modify any and all third party security services contained with HuM as part of the delivery of the system - the client being notified of such modifications where appropriate.
HuM uses industry standard security systems which in some cases are provided by third party providers. Whilst all efforts will be made to ensure the security, stability and reliability of these services, no guarantee is made in respect of third party software, hardware or platforms used within the system.
Our Information
By using HuM you represent and warrant that any and all communications with employees of IMMagine, its associated entities and any representatives of HuM will also be treated as confidential and not released to any third parties without our express written permission.
12) Privacy Act 1993
For the purposes of the Privacy Act 1993, you agree that we are holding any personal information inputted by you about any individual solely as your agent in accordance with Section 3(4) of the Privacy Act 1993.
13) Governing Law and Jurisdiction
This agreement is governed by and constructed in accordance with the laws of New Zealand for the time being in force, and the parties agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
14) Entire Agreement
This agreement constitutes the entire agreement between the parties and no other representation, warranty or agreement in relation to any matter dealt with in this agreement has any force or effect from the date of this agreement.
No variation of this agreement will be entered into except in writing.
15) Waiver
No failure or delay on the part of either party to exercise any right or remedy under this agreement is a waiver of such right or remedy nor does any single or partial exercise of any right or remedy under this agreement preclude the exercise of any other right or remedy or preclude the further exercise of such right or remedy as the case may be. The rights and remedies provided in this agreement are cumulative and are not exclusive of any rights or remedies provided by law.
16) Consumer Guarantees Act 1993
For the purposes of Section 43 of the Consumer Guarantees Act 1993, you acknowledge that you are in trade and have acquired the services covered by this agreement in trade. To the fullest extent allowable, the guarantees in sections 5 to 12 of the Consumer Guarantees Act 1993 are excluded.