Terms of Service
Last updated: 29 October 2019
By using the web site or any services (“Service”) of Controlla Limited (New Zealand company number: 7510196) ("we", “us” or “our”), you, being either:
- the owner of a customer account on the Services (“User”); or
- a person authorised by a User to have access to the User’s account (“Authorised Persons”),
are agreeing to be bound by the following terms and conditions (“Terms of Service”).
We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at this page.
Violation of any of the terms below can result in the termination of the Users’ account on the Services (“Account”).
A. Account Terms
- You must be 18 years or older to use this Service.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login information may only be used by you – a single login shared by multiple people is not permitted.
- Users are solely responsible for authorising any person to become an Authorised Person, and for monitoring any Authorised Person’s use of their Account. You may authorise as many people to become Authorised Persons as your plan allows.
- Users can revoke or change an Authorised Person’s access to or use of their Account at any time and for any reason.
- You are responsible for maintaining the security of your login information and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Users are responsible for all Content posted and activity that occurs under their Account (including when Content is posted by Authorised Persons).
B. Conditions of Use
- Use of the Service is at your own risk, as the Service is provided on an “as is” and “as available” basis.
- You must not:
- use the Service for any illegal or unauthorized purpose;
- in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission from us;
- upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages;
- transmit any worms or viruses or any code of a destructive nature;
- modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with our Service, or any other unrelated service; or
- exceed a reasonably bandwidth usage (as determined solely by us).
- You also acknowledge that:
- we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service;
- the technical processing and transmission of the Service, including their Content, may involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices; and
- we may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.
C. Payment Terms
- A valid credit card is required for paying Accounts.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Controlla Site (https://www.controlla.io/) or the Service itself.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.
- If a User cancels their Account before the end of their current paid up month, then the cancellation will take effect immediately and the User will not be charged again.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. We do not accept any liability for such loss.
D. Customer Support
Technical support is only provided to paying Account holders and is only available via email.
E. Cancellation and Termination
- Users can cancel their Account at any time by emailing email@example.com, at which point the Account will be cancelled by our team in a timely manner. An Account is considered cancelled when the User has received an email confirmation of the cancellation from us.
- All of your Content may be immediately deleted from the Service upon cancellation. This information may not be recovered once your account is cancelled.
- Any verbal, physical, written or other abuse (including threats of abuse or retribution) of any other Service customer, employee, member, or officer will result in immediate Account termination.
- We have the right to suspend or terminate any Account and refuse any and all current or future use of the Service, or any other service we own if we reasonably suspect any User (or any User’s Authorised Person) to have breached these Terms of Service at any time. Such termination of the Service will result in the deactivation or deletion of the Account and the forfeiture and relinquishment of all Content in the Account.
F. Modifications to the Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
G. Copyright and Content Ownership
- We own, or have obtained the right to use, all data and intellectual property rights existing in or created through the Services, including all software code underlying and forming part of the Services, and any improvements, enhancements, modifications or adaptions to the Services. You may not duplicate, copy, or reuse any portion of the Services without our express written permission.
- All content posted on the Service (“Content”) must comply with the copyright laws of the country or countries in which the User’s business is operating.
- We claim no intellectual property rights over the Content you provide to the Service. However:
- by setting any of your Content to be shared publicly or with other third parties, you agree that you alone are responsible for any matters arising from the sharing of that Content; and
- you license such Content on a non-exclusive basis to us for the purposes of providing the Services to you.
- We do not pre-screen Content, but we or any designee we assign have the right and discretion to refuse or remove any Content.
H. Limitation of Liability
- We do not warrant that:
- The Service will meet your specific requirements;
- The Service will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the Service will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by the Users through the Service will meet their expectations; or
- Any errors in the Service will be corrected.
- You agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we has been advised of the possibility of such damages), resulting from:
- The use of the Service or the inability to use the Service;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Service; or
- Any other matter relating to the Service.
I. General Conditions
- In your use of the Service you undertake to comply with all the applicable laws of all countries whose jurisdictions cover your activities.
- In situations where there is conflict over the jurisdiction of applicable countries laws, then the laws of New Zealand under which laws the Service operates will take precedence.
- If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that the Terms of Service shall otherwise remain in full effect.
- The failure from us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- The Terms of Service constitutes the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at firstname.lastname@example.org.