“Application” means the Cloud Appointments software, accessible via a *.app.cloudappointments.co.nz web address where ‘*’ is a two or three character acronym assigned to your business’ system.
“Active Consultants” are users of the Application that can currently have appointments, session notes or invoices created in their name.
“Business Day” means a day other than a Saturday, Sunday or public holiday in New Zealand.
“Cloud Appointments” means Cloud Software Limited having its principal place of business at Level 1/50, First Avenue, Tauranga 3110, New Zealand.
“Cloud Appointments Technology” means all of Cloud Software’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Cloud Appointments in providing the Application.
“Customer Data” means any data, information or material provided or submitted to the Application by you in the course of using the Application.
“Fault” means a failure of the Application to function substantially as intended.
“Intellectual Property Rights” means any unpatented invention, patent application, patent, design right, copyright, trade mark, service mark, trade name, domain name right, know-how and other trade secret rights, and all other intellectual property rights, whether registered or unregistered, and forms of protection of a similar nature anywhere in the world.
“License Fee” means the monthly license fee payable by you to Cloud Appointments for the access to and use of the Application by the Users.
“Login Information” is the username and password that is unique to each User on each Application.
“Online Help” is the browser-based help system available when accessing the Application.
“Support Hours” means 9:00am to 5.00pm New Zealand Standard Time on a Business Day.
“Support Services” means:
- Advice on operating the Application.
- Other advice as may be reasonably required by you to obtain the full benefit and use of the Application.
- Investigation, diagnosis and repair of Faults.
“User” means you and any employee, representative, consultant, contractor or agent who is authorised to use the Application and has a User Account under your management.
“User Accounts” are used in the Application to create login credentials for Users and allow them access.
“Virus” means any thing or device (including any software, code, file or program) which may:
- Prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device.
- Prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise) or
adversely affect the user experience, including worms, trojan horses, malware, viruses and other similar things or devices unless the context requires otherwise.
Words importing one gender include the others.
Words importing the singular or plural number include the plural and singular number respectively.
Headings are inserted for the sake of convenience of reference only and do not affect the interpretation of these Terms.
A person includes any individual, corporation, unincorporated association, government department or municipal authority.