1. Acceptance of Terms: Lert.info agrees to provide ALERTs in relation to Events to you subject to the TOS. By registering to use and using the Lert.info Service you agree to be bound by these TOS. These TOS may be changed by Lert.info from time to time without notice to you. All changes shall be deemed to be effective once posted on https://Lert.info/.
2.1. "ALERTs" means Communications containing Relevant Notifications;
2.2. "APP" means the specialised application that operates on a mobile phone and which enables you to benefit from the APP Service;
2.3. "APP Service" means a service provided from time to time by Lert.info whereby, if you register for such service on your Registration and download the APP, your approximate location can be determined by Lert.info using GPS technology and Communications relating to the region within which you are located can be sent to you in addition to Communciations relating to your nominated Region;
2.4. "Charges" means the amounts paid or payable by you (as the case may be) to Lert.info from time to time under the TOS including without limitation in order that you continue to benefit from the Lert.info Service;
2.5. "Commercial Events" means events designated by Lert.info to fall within that category and which you have selected on your Registration such designation being subject to change by Lert.info from time to time in accordance with the TOS;
2.6. "Communications" means SMS messages, Tweets, emails or such other means of communication that you have selected on your Registration;
2.7. "Events" means Public Service Events and/or Commercial Events as the case may be;
2.8. "Nominated Contact" means the telephone number(s) or email addresses' which you have nominated on your Registration;
2.9. "Public Service Events" means events designated by Lert.info to fall within that category and which you have selected on your Registration such designation being subject to change by Lert.info from time to time in accordance with the TOS;
2.10. "Region" means the region you select in your Registration and, if you select the APP Service, any other region within New Zealand that you might be situated in from time to time;
2.11. "Registration" means your duly completed electronic application to use and receive certain services in respect of the region you select and made using the Lert.info Service registration template available at https://Lert.info/ and as updated from time to time in accordance with the TOS;
2.12. "Registration Data" means the data provided by you in your subscription or subsequently to Lert.info via https://Lert.info/ or by another means of communication accepted by Lert.info;
2.13. "Relevant Notifications" means notice of Events occurring within the Region and "Notifications" shall be construed accordingly;
2.14. "Software" has the meaning given to that expression in clause 12.1;
2.15. "Term" means an initial period of 12 months in respect of which Charges have been paid together with any extension under clause 10 and in any case ending on the termination of the agreement set out in the TOS between Lert.info and you;
2.16. "Lert.info Service" means the service(s) provided or to be provided by Lert.info to you under the TOS as identified in your Registration and as changed from time to time by Lert.info;
2.17. "Lert.info" means Text Alert Limited (Company No. 3145805); and
2.18. "TOS" means the Terms of Service set out herein, in the Registration and on https://Lert.info/ in each case, as changed from time to time.
3. Lert.info Service: Lert.info will use reasonable endeavours to relay ALERTs which it receives from third parties to your Nominated Contact during the Term and to do so as soon as reasonably practicable. The Lert.info Service operates solely as a conduit of information supplied to it by various third parties and so Lert.info does not accept any responsibility for:
3.1. the accuracy, integrity, completeness, currency, quality or reliability of Alerts;
3.2. delay or failure by Lert.info to receive information in relation to Events;
3.3. interruptions or errors in delivery of ALERTs due to volume overload or otherwise.
3.4. lost, deleted or corrupted ALERTs;
3.5. information being received by Lert.info and relayed to you other than that which contains Relevant Notifications;
3.6. the APP Service (if applicable to your Registration) failing to provide precise location information or inaccurate, time-delayed or incomplete location data;
3.7. material supplied by third parties which you access including without limitation material accessed using links on the Lert.info website (https://Lert.info/) to other sites operated by third parties.
4. Use of the Lert.info Service: You acknowledge and agree that:
4.1. the relaying of Alerts to you is an automated service;
4.2. the content of an Alert might be generated in circumstances where the third party supplier has not verified the information and also where the content is inherently subject to change without notice and may become dated. It is your sole responsibility to verify any such content received via the Lert.info Service before you act upon it;
4.3. you are responsible for maintaining Lert.info's means of communciation with you including paying any third party fees (such as internet service provider or mobile telephone service provider charges (including traffic usage charges), carrier charges or fees associated with the download of the APP );
4.4. Lert.info may establish general policies and limits concerning the use of the Lert.info Service and you shall comply with any such policies and not contravene any such limits;
4.5. Lert.info reserves the right to modify such general policies and limits from time to time;
4.6. Lert.info reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Lert.info Service (or any part thereof) with or without notice and with or without cause. You agree that Lert.info shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Lert.info Service and shall not be obliged to refund any Charges in such circumstances;
4.7. you will follow Lert.info's instructions for correcting or circumventing any errors in the Lert.info Service and promptly notify Lert.info of any errors discovered and provide all possible supporting details to substantiate and assist Lert.info in the identification, detection and scoping of errors; and
4.8. that the Lert.info Service might rely upon device-based location information and for this purpose, you authorise Lert.info to collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device.
5. Use of Alerts
5.1. You are prohibited from:
(a) passing ALERTs to any other person or persons.
(b) reproducing, duplicating, copying, selling, reselling, trading, republishing, redistributing, transmitting, altering, editing or exploiting in any manner for any purpose any ALERTs or any content contained in an ALERT without the prior written permission of Lert.info.
(c) attempting to decipher, decompile, disassemble, or reverse-engineer any software comprising or in any way making up a part of [https://Lert.info/] or the Lert.info Service.
6. Your registration obligations:
6.1. You warrant and represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
6.2. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Lert.info of any unauthorised use of your password or account or any other breach of security.
6.3. Subject to the TOS and to paying the applicable Charges, you can upgrade your account at any time via https://Lert.info/.
8. You may request in writing access from Lert.info to the details of the Personal Data it holds about you and those details shall be provided to you. If corrections are required by you, they can be made by you via your login and editing of your account or if you notify us they shall be actioned promptly.
9.1. You agree to pay all Lert.info Service prices posted from time to time on https://Lert.info/ and which are applicable to the Lert.info Service you select on your Registration (including any updates) for the Lert.info Service when due in accordance with the TOS. All Charges are payable in advance. Prices are stated in New Zealand dollars and are inclusive of GST. You acknowledge and agree that Lert.info may alter its prices from time to time without prior notice.
9.2. Registration changes and/or additions and/or cancellations may incur additional charges, as posted on http://Lert.info
9.3. You authorise Lert.info to automatically bill all Charges to the credit card you designate on your Registration or subsequently designate.
9.4. The Term will commence on the day that you complete Registration and payment of the applicable Charges.
9.5. Save as expressly provided otherwise in these TOS, all payments are non-refundable.
9.6. In the event that the nominated credit card is no longer valid, has expired, or for any reason will not accept Charges, Lert.info may, without prior notice, immediately suspend and/or terminate the Lert.info Service.
9.7. For the avoidance of doubt, a separate Registration (and with it a separate set of Charges) is required in order to use and receive the Lert.info Service for each region specified on the Lert.info Service registration template available at https://Lert.info/.
The Term will be extended
and continue automatically for a further period of 12 months (when applicable
Charges will apply), unless terminated by Lert.info or unless you notify Lert.info
of your decision to terminate your Registration by cancelling your Registration
on-line at https://Lert.info/index.cfm?fuseaction=cancel
You may cancel at any time with the cancellation date being the date that Lert.info receives notice of your cancellation.
11. Termination by Lert.info: Lert.info may suspend or terminate the Lert.info Service or any part of it at its option immediately and without notice to you upon:
11.1. any breach by you of the TOS;
11.2. being required to do so by any court or other competent authority;
11.3. technical or security issues or problems;
11.4. it becoming apparent that any information you have provided is untrue, inaccurate, not current or incomplete, or Lert.info has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
11.5. Lert.info determining that it will no longer provide the Lert.info Service or the relevant part of it to you.
11.6. Lert.info shall not be liable to you or any third-party in any respect whatsoever for any matters arising for you as a direct or indirect result of the loss, cancellation or termination of the Lert.info Service.
12. Lert.info's proprietary rights
12.1. The Lert.info Service and any software used in connection with the Lert.info Service (the "Software") contain proprietary and confidential information that is the property of Lert.info.
12.2. The method and system for sending Alerts utilised by the Lert.info Service is protected by New Zealand Patent No. 536033.
12.3. Nothing in your agreement with Lert.info shall pass to you any title or ownership in property of Lert.info or any rights other than as expressly set out herein. Except with Lert.info's prior written consent you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Lert.info Service or the Software, in whole or in part.
12.4. The contents of https://Lert.info/, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material [is the property of Lert.info]. Any distribution, reprint or electronic reproduction of any content from https://Lert.info/ in whole or in part is expressly prohibited without Lert.info's prior written consent.
13. Disclaimer of Warranties
13.1. You subscribe to and use the Lert.info Service and any content transmitted via the service at your risk and the service is provided on an "as is" and "as available" basis. Save as referred to below, Lert.info makes no warranty that the Lert.info Service will meet your requirements or your expectations.
13.2. You acknowledge that if the Lert.info Service under these TOS is for business purposes in terms of the Consumer Guarantees Act 1993, the Consumer Guarantees Act 1993 shall not apply to such service. Where the supply of the Lert.info Service is not a supply for business purposes then notwithstanding anything in these TOBs to the contrary, you shall have the benefit of the guarantees implied by the Consumer Guarantees Act 1993.
14. Limitation of Liability:
14.1. Lert.info shall not be liable to you (whether in contract, tort, or otherwise) for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, loss of business, loss of production, business interruption, loss of sales, loss of turnover, loss of revenue, loss of contracts, or loss of operation time (even if Lert.info has been advised of the possibility of such damages), arising from or in connection with the Lert.info Service including but not limited to: (i) any decision made or action taken (or not made or not taken) by you in reliance on an ALERT; or (ii) any theft or destruction or unauthorised access to, alteration of, or use of your Registration or your Personal Data.
15. To the extent that Lert.info is liable in any way, its liability in respect of any single event or series of connected events shall in aggregate not exceed the amount you have paid to Lert.info during the 12 months immediately preceding the event or series of connected events giving rise to such claim.
16. The amount of the Charges would be significantly higher if the above did not apply.
17. Indemnity: You agree to defend, indemnify and hold harmless Lert.info, and its affiliates and third party suppliers and their respective directors, officers, employees and agents from and against all losses, damages, costs, expenses, claims, actions, demands and proceedings of whatsoever nature, including lawyer's fees, howsoever arising, that may arise as a direct or indirect result of or in connection with:
17.1. your use of the Lert.info Service; and/or
17.2. your breach of the TOS.
18.1. Entire Agreement: The TOS constitutes the entire agreement between you and Lert.info and governs your use of the Lert.info Service.
18.2. Governing Law: The TOS and the relationship between you and Lert.info shall be governed by the laws of New Zealand. You and Lert.info submit to the exclusive jurisdiction of the courts in New Zealand.
18.3. Waiver and Severability of Terms: A failure of Lert.info to exercise or enforce the TOS shall not constitute a waiver unless expressly recorded in writing. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
18.4. No Transfer: The Lert.info Service is personal and exclusive to you and non-transferable. You may not assign, sub-licence or otherwise transfer any of your rights under the TOS without Lert.info's prior written consent.
18.5. Assignment: Lert.info may assign the agreement with you in whole or in part and may subcontract or delegate the performance of any rights or obligations under the agreement recorded in the TOS.
18.6. Force Majeure: Lert.info will not be liable in respect of any failure to comply with Lert.info's obligations under the TOS as a direct or indirect result of any cause beyond Lert.info's reasonable control. For the avoidance of doubt, these shall include without limitation an Act of God, act or omission of government or other competent authority or other party for whom Lert.info is not responsible, war or national emergency, riots, civil commotion, fire, explosion, earthquake, tsunami, flood, inclement weather, epidemic, telecommunications and/or network failure or the act or omission of any telecommunications or internet service provider, failure in software or services or the exercise by a third party of any rights that it has to suspend or terminate the supply of any equipment, software or service on which the Lert.info Service is dependent (in whole or in part) and bug or virus.
Text Alert Ltd - trading as Lert Info
96 London St
Dunedin, New Zealand 9016
Ph: +64 3 477 9944