Terms and Conditions

Watercheck Limited Terms and Conditions

By using a Watercheck compatible telemetry device connected to our services or accessing or subscribing to our services (including following purchase or lease of the site on which such telemetry devices are located), you are agreeing to the terms and conditions set out below. If you do not agree with these terms and conditions, you must notify us in writing within 14 days of installation and must not continue to access our services. Our services may be provided under various brands that Watercheck is authorised to use, including SCADAfarm.

These terms and conditions also apply to your access of our services via any authorised reseller (however that occurs, including through that authorised reseller’s own platform). An authorised reseller is a third party that Watercheck has authorised to resell the Watercheck services to the customer. If our services are provided via any authorised reseller the services may be branded in the name of the authorised reseller. However, in all cases, Watercheck is the entity that will provide our services. The authorised reseller may provide other services to the customer, which will be subject to the authorised reseller’s terms and conditions.

These terms and conditions also apply if you use a third party telemetry provider’s services to access data from a Watercheck branded telemetry device connected to our services and we have agreed with that third party that we will provide billing agent services in relation to the third party telemetry provider’s services. In such a case you must access the data collected by your telemetry devices using the third party telemetry provider’s services, unless you separately subscribe for our services as well. The sections on billing agent services only apply where you use a third party telemetry provider’s services to access data. These sections do not apply if you only use the Watercheck services.

However, if there is a separate signed written agreement in place under which you access our services, then these terms and conditions will apply subject to that separate signed written agreement. To avoid doubt, customer terms and conditions attached to a purchase order do not constitute a separate signed written agreement.

Watercheck may amend these terms and conditions from time to time. You are responsible for ensuring you have read the most up-to-date version as your continued use of our services represents your agreement to be bound by these terms and conditions.

Any person accessing our services is referred to as the “customer” in these terms and conditions. If you access our services on behalf of a company or other organisation then references to “you” and “customer” means that organisation and you warrant that you are able to bind such organisation to these terms and conditions. If you lease the site on which the telemetry devices are located and are permitted to access our services in respect of those devices by the owner of the site then these terms and conditions apply to your use of our services too.

Services Provided

Watercheck services

Watercheck will collect, hold, and share data collected by remote telemetry devices connected to our services in accordance with these terms and conditions.

Watercheck provides a web-based irrigation control and/or monitoring service for the customer’s connected telemetry devices. The Watercheck irrigation control service allows remote control of connected pivots and/or pumps, collects information from connected sensors in remote locations, and reports this data back to a central server where it is stored and provided to third parties such as local authorities. Watercheck may also, for an additional fee, permit other parties who collect information from telemetry devices ("telemetry providers”) to provide that information as a feed into the Watercheck central server to be stored and provided to third parties together with information received by Watercheck directly from connected sensors. The Watercheck services include a dashboard in respect of the collected information. The customer can access the services, including a dashboard of the customer’s information via a dedicated URL link provided by Watercheck. The availability of monitoring within the service is subject to an additional fee, as described below.

In some cases, access to certain services may be made available to customers via an app downloaded to a mobile device (where such an app is available). Any use of any such app is also subject to the terms and conditions applicable to that app.

The services may include the rollout of firmware updates to Watercheck compatible telemetry devices as determined by Watercheck.

The customer may also seek ad hoc ‘question and answer’ support from the Watercheck helpdesk in connection with its use of the services.

Watercheck may, for an additional fee, agree to provide add-on services to the customer, such as alarms or alerts in connection with the telemetry device information received. The customer may also request changes to aspects of the services that are specific to it (such as a change to the data format) or assistance with its use of the services. Any such requested changes or assistance are subject to acceptance by Watercheck and may incur an additional fee or require alteration to the annual subscription fees. These terms and conditions will apply to any such add-on services and any agreed change or assistance requests, together with any other terms agreed by Watercheck and the customer. The scope of any add-on service or agreed change or assistance request will be as agreed by Watercheck and the customer or otherwise advised by Watercheck to the customer.

An additional fee may apply if the provision of information to councils or other third parties is stopped at the customer’s request and the customer subsequently requests that the provision of information is restarted.

Watercheck reserves the right to determine the manner in which it provides the services, including making changes, updates and upgrades to its website, the dashboard and the technology systems used to provide the services (together “Watercheck Solution”). The customer acknowledges that the services may be unavailable during periods when Watercheck undertakes maintenance on the Watercheck Solution and agrees that Watercheck is not liable to the customer for any unavailability of the services caused by changes, updates, upgrades and maintenance.

Provision of data via API services

Where requested by the customer, and for an additional fee, Watercheck may make the customer’s data available to a third party telemetry provider via that third party telemetry provider’s application programming interface.

Billing agent services

For the convenience of the customer, some third party telemetry providers may make their services available to the customer on a basis that invoicing occurs via Watercheck. In such a case, Watercheck provides the customer with the benefit of a billing agent service, under which the third party telemetry provider invoices Watercheck for the services provided by the third party telemetry provider and Watercheck separately invoices the customer for the amount due.

Where such an invoicing arrangement is in place, the customer may also seek ad hoc ‘question and answer’ support from the Watercheck helpdesk in connection with the third party telemetry provider’s service. However, such support is limited to matters within Watercheck’s reasonable control. The customer will need to obtain any other support directly from the third party telemetry provider.

If Watercheck provides billing agent services in respect of the customer and the customer has telemetry devices that are connected to the Watercheck Solution, Watercheck will provide the data from those telemetry devices to that third party telemetry provider. These terms and conditions will apply in respect of the connected telemetry devices and data that is collected, but only to the extent relevant. The customer must also comply with the third party telemetry provider’s terms and conditions.

The customer acknowledges that Watercheck may charge a service fee to the third party telemetry provider to provide the customer with the benefit of the billing agent services, including making data available to the third party telemetry provider. However, in such a case, the third party telemetry provider, and not the customer, will be responsible for that service fee.

The customer acknowledges that access to the Watercheck services in relation to data provided to a third party telemetry provider is not provided as a part of the billing agent services, and must be separately requested from Watercheck on the basis of these terms and conditions. To avoid doubt, Watercheck does not provide the customer’s data to any local authority where Watercheck is only providing billing agent services (and so the section on compliance does not apply).

Licence

The Watercheck Solution and its content, features and functionality, together with all intellectual property rights in connection with them, are either owned by Watercheck, its licensors or providers of such material and are protected by New Zealand law. No right, title or interest in or to the Watercheck Solution or any of its content, features or functionality is transferred to the customer. Any use of the service provided by the Watercheck Solution and not expressly permitted by these terms and conditions is a breach of these terms and conditions and may also violate copyright, trademark and other laws.

Subject to these terms and conditions, Watercheck grants to the customer a non-exclusive, non-transferable, limited right to access and use the services for the purposes of its business only. The customer is not permitted to copy, reproduce, alter, adapt, reverse engineer, decompile, disassemble, modify, make error corrections for, create derivative works of, or attempt to obtain the source code for, any aspect of the Watercheck Solution. The customer must not study the Watercheck Solution for the purpose of developing any software that is intended to replicate the functions of the Watercheck Solution.

Fees

Watercheck services

The customer must pay to Watercheck all annual subscription fees, any additional fees and any applicable third party fees, unless Watercheck has agreed that another person is responsible for paying those fees. The initial fees payable, including any third party fees, will be as advised to the customer prior to the time the services commence.

Subscription fees are paid annually in advance, and billed at the beginning of the period (being the first day of the month following installation and commencement of the services or such later date as Watercheck determines). Subscription fees are on a per telemetry device and/or service basis.

Services in respect of each telemetry device associated with a customer must be invoiced to a single customer, although payments from multiple sources are accepted. Upon each yearly anniversary of the service commencement, the annual subscription will renew automatically unless the customer contacts Watercheck to cancel the service. If cancellation is made after the renewal date but before payment is made, the customer will be required to pay any charges up to the date of cancellation.

Additional fees may be invoiced in advance or arrears as determined by Watercheck, unless Watercheck has agreed with the customer to a different basis for invoicing them. Where these terms and conditions permit Watercheck to charge any additional fees, the additional fee will be such amount as is separately agreed between Watercheck and the customer, or if not separately agreed will be as set out in Watercheck’s standard schedule of fees (available to the customer on request) or if no fee is set out in that schedule then Watercheck may charge a reasonable fee.

If an add-on service requires the use of a third party service that is not charged as a part of the fees for such add-on service, Watercheck will invoice the customer for such third party fees in arrears.

Provision of data via API services

Watercheck will invoice the customer for amounts due in relation to making any customer’s data available to a third party telemetry provider via that third party telemetry provider’s application programming interface. Invoicing may be in advance or arrears as determined by Watercheck.

Billing agent services

Watercheck will invoice the customer for amounts due in relation to any billing agent services provided. Invoicing will depend on when the third party telemetry provider invoices Watercheck. The customer must pay the third party amount to Watercheck and not to the third party telemetry provider. Payment by the customer to Watercheck of the amount due will discharge any obligation that the customer has to pay the third party telemetry provider in relation to the billing agent services provided.

Changes to fees

Watercheck may change any of its fees from time to time by providing customers with at least 60 days’ notice in writing before the next subscription renewal date. Written notice will be sent in the same manner as the customer’s preference for billing (email or post).

Payment

All amounts specified in an invoice must be paid by the 20th of the month following the date of the invoice. The customer’s right to access and use the services is subject to the timely payment of the amounts due. Such access may be suspended, disabled or terminated, if the customer does not pay the amounts when due. An additional fee for re-enabling access may be charged by Watercheck.

Watercheck reserves the right to charge interest at a rate equal to 15% per annum on invoices that are overdue by more than 14 days. Where interest is charged, it applies on a daily basis and is compounded monthly until the amount of the outstanding invoice and the interest due is paid in full.

If the customer uses an authorised reseller who invoices the customer in respect of any of the fees, the customer will pay such fees to the authorised reseller instead of making a direct payment to Watercheck. If the customer uses an authorised reseller who does not invoice the customer in respect of the Watercheck services, the customer must pay the fees due to Watercheck.

All fees are stated exclusive of GST. The customer agrees to pay GST on all fees.

Suspension and Termination

Suspension: Watercheck reserves the right to suspend or restrict the customer’s access to the services and/or any API providing access to the services for security reasons, if the customer breaches these terms and conditions, or for any other reason in its discretion. If the suspension or restriction is due to the customer’s act or omission Watercheck will notify the customer of the issue. Watercheck will restore access once the relevant issue has been resolved to its satisfaction.

Termination by Customer: Customers may terminate the services, or any separately charged aspect of the services, at any time by providing written notice (via email, info@watercheck.co.nz) to Watercheck with at least 30 days’ notice.

Termination for Cause: Either party may terminate the services immediately by giving notice to the other party, if the other party;

a) commits a material breach of these terms and conditions and fails to remedy that breach within 10 business days of notice of the breach; or

b) becomes insolvent, is placed in receivership or liquidation, is the subject of any winding up or liquidation resolution or order, or is subject to any other form of insolvency action or administration.

Termination by Watercheck: Watercheck may terminate the services:

a) immediately if the connected water meters or other telemetry devices are tampered with in a manner which is intended to allow the unmetered taking of water;

or

b) where the customer is in default in the payment of any applicable fees, and such default continues for a period of no less than thirty days after Watercheck has given written notice of such default;

or

c) if Watercheck decides to end the availability of the services to all of its customers generally, and in such a case Watercheck will provide at least six months' notice of the decision to end availability.

Consequences of Termination: The customer’s right to access and use the services ends if the services are terminated.

Customer Obligations

Purpose of use

The customer agrees to only use the service for its own lawful business purposes. The customer acknowledges and agrees that the services only provide the customer with a tool and the customer must apply best practice in considering the information available.

Connecting to the services

The customer must connect using a compatible Internet browser and user device (such as a smart phone, tablet, personal computer or laptop) that meets any minimum system requirements advised by Watercheck to access the services. The browser and user device must be kept up to date to ensure continued access.

Basis of access

The services may only be accessed by the customer and third parties authorised by customer (such as a consultant, data analyst or businesses providing support to the customer, or other businesses owned by the customer that will use the service solely for that business). If the customer uses an authorised reseller but that authorised reseller does not provide the customer with access to the services from its own platform, that reseller is deemed to be a third party authorised by the customer to access the services, unless the customer requests that such reseller is not to have such access.

The customer is responsible for all activity that occurs through the customer’s dedicated URL links or via any other manner by which Watercheck permits the customer to access the services (including via a username and password). The customer must ensure that knowledge of the dedicated URL link or any username and password for any other manner by which the customer accesses the services is kept secure and confidential. The customer must request additional URL links or accounts to set a username and password from Watercheck for any third parties it wishes to have access to the services. Such a request must be for access to the services that is consistent with the customer’s existing manner of access to the services. All third parties authorised by the customer to access the services must only access the services on behalf of, or otherwise for the sole benefit of, the customer (or, if the customer has another business requiring the service, that other business).

If the customer accesses the services through an authorised reseller’s platform then the customer must arrange all access for it and such third parties via the customer’s authorised reseller.

The customer must ensure that any authorised third parties who are granted access to the services comply with these terms and conditions. The customer is responsible for all acts and omissions of those third parties as if they were the acts and omissions of the customer.

Watercheck reserves the right to reset the customer’s URL links or any other means of access at any time and for any reason. The customer may also request Watercheck to reset its URL links or any other means of access or to cancel the URL links or other means of access that have been provided to any authorised third parties of the customer. The customer must make such a request if it wishes to revoke the access of any of its authorised third parties.

Telemetry device obligations

The customer acknowledges that Watercheck’s service is reliant on the remote telemetry devices being correctly installed and configured by the customer’s installer (including provision of correct configuration information to Watercheck by the installer) and receipt of a correct information feed from telemetry providers (where they are involved). The customer agrees to actively and frequently monitor the collected data, that they are solely responsible for the accuracy of the collected data, and to inform Watercheck (via telephone or email) as soon as practicable if the customer does not consider that the displayed data is correct or a problem is detected such as a malfunctioning sensor. At a minimum, the customer must log on at least once a month and after any major change to the customer’s water use pattern to check displayed data is in line with what the customer would expect to see displayed. The customer must not alter the telemetry device’s configuration or manipulate the telemetry device or any equipment such that incorrect data is provided to the Watercheck Solution.

The customer agrees to maintain its telemetry devices and equipment to which they are attached to a working standard, including any sensors, devices or power supplies required by the hardware and associated sensors that are connected to the Watercheck Solution. This includes but is not limited to:

- Ensuring solar panels (if fitted) are kept clean and free of debris. Solar panels must be cleaned every 3 months at a minimum. Bird control measures may need to be installed by the customer if this is a problem.

- Ensuring power is kept on to the equipment and connected sensors such as water meters year round, or if the main power supply is to be turned off for any period of time the customer must connect to solar panels.

- Ensuring the telemetry devices are not subject to electrical interference.

- Ensuring appropriate pest control, stock control and fencing is in place in the area of the telemetry devices and equipment, including any sensors such as water meters. The customer agrees to regularly check the equipment for pest damage, and at its own cost take all necessary steps to protect the installation and remove pests.

- Ensuring anyone working in the area of the telemetry devices and equipment is aware that such items are there and follows processes to ensure that the work they undertake does not move, damage or otherwise affect the telemetry devices and equipment.

The customer also agrees to carry out a physical check of telemetry devices and equipment if requested by Watercheck.

General obligations

When accessing and using the services the customer must not:

- Introduce any virus, malware or other malicious code into the Watercheck Solution, violate the security of the Watercheck Solution, or interfere, damage or harm, or attempt to interfere, damage or harm the Watercheck Solution or any networks used to transmit data to the Watercheck Solution;- use any automated system, including without limitation, robots, spiders, or offline readers to access the services, other than such access that is permitted by any application programming interface (API) made available by Watercheck;

- access, or attempt to access, the information of any other person using the Watercheck Solution;

- use the services otherwise than in the manner in which the services are designed to be used or use the services if you have no legitimate reason to do so.

The customer must comply with any API documentation issued by Watercheck and follow industry best practice when accessing or otherwise using any API made available by Watercheck in respect of the services.

The customer must immediately notify Watercheck of any unauthorised use of the services, any breach of security or if any other incident occurs in relation to the customer’s systems that threatens or may compromise or threaten the security and integrity of the Watercheck Solution.

Site ownership obligations

The customer must inform Watercheck as soon as practicable of a change of ownership of the site on which connected telemetry devices are installed and provide Watercheck with contact details of any new owners. In such a case, the new owner becomes entitled to access any historical data associated with the telemetry devices and the previous owner ceases to be entitled to access the services. If the services to a previous owner have been suspended due to an outstanding invoice, the new owner may be required to pay the outstanding invoice before the services will be resumed. Watercheck takes no responsibility for the completeness or accuracy of any such historical data.

Where the customer is the owner of a site on which telemetry devices are installed and the customer leases that site to a third party, but retains overall ownership, the customer may contact Watercheck to authorise the sharing of information transmitted by the telemetry devices on the leased site.

Third party sites

Watercheck’s website may also include links to third party websites. Watercheck does not control those websites and is not responsible for the content on those websites. Such links do not imply any endorsement, approval or recommendation of those websites or their contents, operations, products or operators. The customer should read the terms of use applying to those websites before using them.

Compliance

In order to provide compliance data to NZ local authorities, Watercheck must agree to any terms and conditions set out by those authorities. As such, Watercheck requires all customers to agree to and comply with such terms, which are usually part of the consent document issued by such an authority. The customer is responsible for complying with the consent document and all conditions of consent.

If the site is providing compliance data, the customer agrees to inform both Watercheck and their local authority of any changes that may affect the customer’s consent (including water permits/water use consents), or data related to that consent. This includes but is not limited to, work on headworks or sensors (such as water meters) by third parties, the removal or changing of equipment, disconnection of power to the site.

Watercheck may choose to stop providing data to the local authority if it believes these conditions are not being met, and will endeavour to inform the customer including the reason for data transfer being stopped. From time to time, local authorities may require extra work to be carried out by the customer in connection with their consent. If the customer engages a third party to carry out work on site which results in disruption to data, or incorrect data, the customer may need to engage Watercheck to assist in correcting the issue.
Additional fees may apply to such assistance.

Watercheck does not undertake site verification services which is likely to be required for compliance with the customer’s consent.

The customer may request that Watercheck does not provide or stops providing data to the local authority or where it is not providing data due to such a request that it starts providing data to the local authority.

The Customer must provide its data to the local authority if Watercheck is not providing the data to the local authority as provided for under these terms and conditions.

The customer indemnifies Watercheck in respect of any claim by a local authority in connection with the customer’s data, except to the extent that the claim relates to a failure by Watercheck to comply with these terms and conditions.

Equipment

The customer agrees not to interfere with, or disconnect its telemetry devices without contacting Watercheck. The customer must promptly notify Watercheck if any telemetry device is moved or maintenance is performed on a telemetry device or any equipment to which the telemetry device is attached. Any work carried out on telemetry devices must be done by a Blue Tick approved or other suitably qualified installer.

If Watercheck contacts the customer in connection with a telemetry device issue or the customer has contacted Watercheck and Watercheck advises the customer to engage an authorised installer to check the telemetry device, the customer may request Watercheck to facilitate the check by the authorised installer. The authorised installer’s terms and conditions or such other terms and conditions that the customer has agreed with the authorised installer will apply to the work undertaken by the authorised installer. Watercheck does not act as the customer’s agent in contacting the authorised installer, and the contract is solely between the customer and the authorised installer. Watercheck’s sole responsibility is to facilitate the booking with the authorised installer and work cooperatively with the authorised installer if any Watercheck held information is needed by the authorised installer. If the customer already has an established relationship with an authorised installer, the customer may request Watercheck to contact that authorised installer. The customer must pay the authorised installer any fees charged by the authorised installer.

Data

Rights to data

The customer has full rights over any data (excluding compliance data) collected from connected telemetry devices during the period of service, provided annual fees are paid in full. Watercheck shall retain data for a period of at least 2 years as long as a subscription remains active, although data may be retained for longer.

Once the service has been cancelled or otherwise ends, Watercheck may delete the customer’s data at its discretion, and it is the customer’s responsibility to obtain a download or backups of data before the date service ends. After the service ends, customers may apply to Watercheck to retrieve historical data for an additional fee, although there is no guarantee the data will be available.

The customer has limited rights over compliance data due to regulations. The customer may not control or change the data in any way, including making any corrections. Any corrections must be submitted to Watercheck for review, and if Watercheck agrees there is an error then the data may be corrected and submitted to the local authority along with an explanation. The customer may still cancel the service, or request that the data is no longer provided to the local authority at any time by submitting notice in writing, but Watercheck may need to inform the local authority of the request (but Watercheck is obliged to provide explanation to the localAuthority if data is stopped).

Security of Data

Watercheck makes every effort to ensure the security of the customer’s data using standard practices such as regular backups, encryption (where necessary), and secure features such as dedicated URLs for access. Watercheck also implements a policy to limit access to data between the telemetry device and local authorities, and all data is submitted as received by the Watercheck system after it is collected by the telemetry device. However, Watercheck is not responsible for any unauthorised access to or use of the customer’s data.

Watercheck’s Use of Data

The customer grants Watercheck a licence to access, use, copy, transmit, store and back-up the data received from the customer’s telemetry devices for the purpose of enabling Watercheck to provide the services and as otherwise necessary for Watercheck to perform its obligations under these terms and conditions. Watercheck may analyse the data received by the Watercheck Solution, review and analyse learnings from dealing with the customer, and also collect usage information in relation to the customer’s use of the Watercheck Solution for operational purposes and to obtain insights for the purpose of developing new functionality or otherwise assist it to develop and improve the Watercheck Solution. This may involve generating aggregated, statistical or reasonably de-identified data relating to the use of the Watercheck Solution, which may then be used by Watercheck for any purpose in connection with its business. Such data does not contain any information specific to a particular individual.

Watercheck’s rights in relation to the data include the right to permit any third party that is providing services to Watercheck, including hosting services, to do any of the things set out in the preceding paragraph on Watercheck’s behalf or to provide services to Watercheck, provided that doing so is within the scope of the rights the customer has granted to Watercheck.

Privacy

Personal information collected in connection with the services is collected by Watercheck. It is collected when the customer uses the services, completes set up forms or otherwise interacts with Watercheck. If requested personal information is not provided Watercheck may not be able to provide the services. The customer agrees that Watercheck may use such personal information to provide the services to you and the organisation on whose behalf you access the services for any purpose associated with the provision of, or your or your organisation’s use of, the services. Watercheck may also use such personal information for the purpose of enforcing its rights under these terms and conditions.

Each party will comply with the Privacy Act 2020 in connection with its obligations under these terms and conditions. The customer must ensure that its personnel are aware of these privacy provisions when providing personal information of any personnel to Watercheck.

Watercheck may disclose your personal information with the original telemetry device installer for purposes relating to the service such as trouble shooting, or for checking accuracy and correct function (for example to check that a flow meter output is working). This personal information will be disclosed in good faith and may occur without your knowledge. If the services are used for sending compliance data to local authorities, or have previously been used for this purpose, Watercheck may disclose your personal information with the local authority as required. While Watercheck’s suppliers may manage your personnel information on Watercheck’s behalf, Watercheck will not otherwise disclose your personal information to any third parties without your consent.

You have the right to access, and request correction of, the personal information Watercheck holds about you. Any personal information collected will be held by Watercheck Ltd. Watercheck’s address for this purpose is info@watercheck.co.nz. Watercheck can also be contacted or located as stated on its website, www.watercheck.co.nz.

Warranties

Watercheck warrants that it will use reasonable care when providing the services.

Watercheck does not warrant that the services:

a) will work with customer equipment other than Watercheck branded telemetry hardware; or

b) will be uninterrupted or error free.

Watercheck does not warrant that support will be provided within any particular timeframe or that it will resolve the matter for which the customer seeks support.

If the customer wants to use the services in relation to third party equipment, the customer should first confirm with Watercheck whether or not the services will work with that third party equipment.

Except as expressly provided in these terms, all warranties, whether express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law. The customer agrees that they are entering this agreement as a business and that the Consumer Guarantees Act 1993 does not apply to the supply of the services.

Limitation of Liabilities

The services are provided on a best-effort basis. Watercheck is not responsible for any disruption of service caused by things such as inadequate cellular coverage (or loss of coverage), power outages, faulty sensors or damage to telemetry devices.

To the maximum extent permitted by law, Watercheck’s liability to the customer for any loss, damages, costs or expense, whether in tort (including negligence), contract or otherwise is limited, in the aggregate, to the total amount of the fees Watercheck have received from the customer for use of the services in the three
months prior to the event or circumstance giving rise to the claim arising.

To the maximum extent permitted by law, Watercheck is not liable to the customer or any other person for:

 any indirect or consequential loss, or any exemplary, incidental, special or punitive damages or any loss of profits, revenues or business opportunities that the customer or any other person may suffer or incur as a result of access or use of the services;

 loss, inaccuracy or corruption of collected data (including a failure of the telemetry device to collect data) or transmission failure for any reason, including due to faulty, damaged or incorrectly installed or configured telemetry devices, telemetry devices being moved or maintenance of equipment to which telemetry devices are attached, or an incorrect data feed from telemetry providers used by the customer; or

 any loss, damage or injury, suffered or incurred in connection with:

• machinery being operated remotely via the Watercheck Solution (and Watercheck provides warnings when starting machinery, and the customer is responsible for ensuring equipment is started in a safe manner);
• the services or any of its functionality being unavailable (in whole or in part) or performing slowly, including due to a failure of third party hosting providers;
• any incorrect usage of the services by customer or any failure of the customer to comply with these terms and conditions.

The customer is responsible for the security of the computer or other device used to access the services, and for ensuring how it connects to the Internet protects the customer from viruses, malware or other malicious code. Watercheck does not accept any liability arising from any failure in the security of the computer or device used, or from any viruses, malware or other malicious code that affects the computer or device used to access the services.

General

Watercheck is not liable for any failure of the services due to an act, event or cause which is beyond Watercheck’s reasonable control, including acts of God, war, sabotage, riot, national emergency, pandemic, epidemic, fire, lightning, flood, cyclone, earthquake, landslide, storm, explosion, power shortage, telecommunication outages, strike or other labour difficulty.

If any provision of these terms and conditions are held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining provisions.

Watercheck’s failure to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.

These terms and conditions, and the customer’s use of the services shall be governed by and construed in accordance with New Zealand law. The New Zealand courts have the non-exclusive jurisdiction to hear and determine any proceedings brought in relation to these terms and conditions, and the customer’s use of the services.