LOCKDOWN TERMS OF USE

Last Updated: September 16th, 2015

Welcome to Lockdown, a software service offered by Lockdown for Schools Ltd referred to here as the “Licensor”. The following terms and conditions (the “Terms”) govern all use of the software and all content (including User Content, defined below), services and products available at or through the website, and mobile application collectively known as the “Software”.

The Software is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation the Privacy Policy and procedures that may be published from time to time on this Site by The Licensor (collectively, the “Agreement”). ​USE OF THIS SERVICE ACKNOWLEDGES THAT YOU ACCEPT THE TERMS OF USE.

We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then­current version of these Terms will supersede all earlier versions. You agree that your continued use of the Software after such changes have been published to our Services will constitute your acceptance of such revised Terms.

License to Use our Services

Subject to these Terms, we and our licensors grant to you a limited, personal, non­exclusive, non­transferable license to use our Software for your Schools use and not for resale or further distribution. Your right to use our Software is limited by all terms and conditions set forth in these Terms.

Except for your pre­existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Software, including all related intellectual property rights. Our Software and those of our licensors are protected by applicable intellectual property laws, including New Zealand copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to:
(i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services;
(ii) rent, lease or sublicense access to any of our Services; or
(iii) circumvent or disable any security or technological features or measures of our Services. Any rights not expressly granted herein are reserved by us.

Your Lockdown Account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account.

Cancelling Your Account

Your Lockdown account will continue in effect unless and until you cancel or we terminate it. You must cancel your account before it renews for the selected cycle in order to avoid billing of the next cycle’s fees to your credit card. The Licensor will bill the fees associated with your account to the credit card you provide to us during or after the registration (or to a different credit card if you change your account information). We will not process any refunds.

By signing up for an account and providing the Licensor with your payment account information, you hereby agree to these payment terms and conditions.

User Content

You represent and warrant that
(1) any information you provide in connection with your use of the Website is true, accurate and complete and you will maintain and update such information regularly; and
(2) you will respect the intellectual property and other informational and all rights of the Licensor and others.

In these Terms, the content you or other users upload to the Website, includes, but is not limited to, document layouts, source code, pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, messages, e­mail and other communications, files, texts, opinions, feedback, suggestions, ideas, personalization settings and other information or content, which is or may be provided to The Licensor or placed on the user’s Lockdown profile page or inputted or uploaded by you via the Website or related means (“User Content”).

License Grant of your User Content

THE LICENSOR DISCLAIMS ANY AND ALL LIABILITY FOR YOUR DISCLOSURE OF PERSONALLY IDENTIFIABLE OR CONFIDENTIAL INFORMATION YOU SUBMIT VIA THE SOFTWARE TO OTHER USERS. It is your responsibility to ensure that Software users to whom you submit personally identifiable or confidential information will take appropriate security and non­disclosure measures.

Prohibited User Content

You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that:

  • is unlawful or promotes unlawful activities;
  • defames, harasses, abuses, threatens, or incites violence towards any individual or group;
  • is spam, is machine­ or randomly­generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
  • impersonates any person or entity, including any of our employees or representatives; or
  • violates the privacy of any third party.

Disclaimer of Liability

The Licensor is under no obligation to become involved in any dispute that you have with other users or in any incident that you are party to with other users, or that are affected by or otherwise related to this site.

The Licensor disclaims all liability for unauthorized use (by other users) of User Content, and disclaims (without limitation) all liability for use of User Content which breaches any copyright, trademark rights or other intellectual property rights of any other user or person.

You are solely responsible for any damage (including to the Software) resulting from use (or submission) of any User Content or the Software (including disputes and incidents described in the preceding sections) and related transactions or occurrences. The LIcensor shall have no responsibility for unauthorized access to your account, or automatic forwarding of messages and/or viruses (caused by viruses or otherwise).

The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort (including negligence or defamation), strict liability, breach of warranties, or any other legal theory.

No Liability for Lost Data

Where The Licensor provides web hosting or other services via the Software involving the provision of computer storage space, or in relation to other relevant Services, the Licensor reserves the right to impose and vary limits and/or restrictions (temporary or otherwise) on the use of the Service, including, without limitation, limits on the storage provided by reference to storage space, time/age of files, number and/or size of files, amount of data down­ or uploaded or any other criteria the Licensor may specify. Without limiting the following paragraph, material, which exceeds any such limit, may be deleted or not accepted for such storage.

The Licensor shall not be liable for any loss, deletion, removal or failure of delivery to the intended recipient of User Content, whether caused by computer virus, unauthorized access or otherwise. You are encouraged to retain a back­up copy of all User Content and you undertake that you shall do so in respect of all uploaded User Content. The Licensor reserves the right to deny access to this site and delete User Content at any time without notice.

Disclaimer of Warranties

YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON­INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Indemnity

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Software, including, without limitation, User Content, your violation of these Terms, or your violation of any rights of a third party through use of the Website or User Content.

LOCKDOWN PRIVACY POLICY

Last Updated: September 15th, 2015

Lockdown is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Website.

For purposes of this Agreement, “Software” refers to the Company’s service which can be accessed via our website at ​www.lockdown.school.nz​ and via the appstore and Google Play store which is further described in our Terms of Use. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of The Software. By accepting our Privacy Policy and Terms of Use you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

I. INFORMATION WE COLLECT

We collect “Non­Personal Information” and “Personal Information.” Non­Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” is information which can be used it identify you as an individual on its own when used for its intended purpose by The Company; at present, this includes only your email, which you submit to us through the registration process at the Site.

1. Information collected via Technology

To activate the Software you do not need to submit any Personal Information other than your name, School name, School Address and email address. In an effort to improve the quality of the Software, we track information provided to us by your browser or by our software application when you view or use the Website, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Software, the time and date of access, and other information that does not personally identify you.

5. Information you send to other Users.

This Privacy Policy only addresses the use and disclosure of information we collect from you. If you disclose your information to other parties using the Software or visit other websites linked on the Website or provided to you by other Users, different rules may apply to their use or disclosure of the information you disclose to them. Since the Company does not control the privacy policies of third parties, or other individuals’ actions, you are subject to the privacy policies of that third party or those individuals. We encourage you to be sure the recipients are authenticated to your satisfaction before you send them any documents or sensitive information.

II. HOW WE USE AND SHARE INFORMATION

Personal Information:

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. We may share Personal Information such as your name, billing address, and credit card number with vendors who assist us with payment processing. Our vendors are contractually obligated to use your Personal Information only at our direction and in accordance with our Privacy Policy. In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

Non­Personal Information

In general, the Personal Information you provide to us is used to help us facilitate your use of the Software and communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

We also use a third party service provider to help us process payments through the Website. Such third parties may have access to your Personal information, including credit card number, name, and physical address, as a result of providing these services to The Company.

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred or examined during the due diligence process. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

III. HOW WE PROTECT INFORMATION

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. In addition, while we take reasonable measure to ensure that other entities who provide us with payment processing services keep your information confidential and secure, such entities’ practices are ultimately beyond our control. By using our Website, you acknowledge that you understand and agree to assume these risks.

IV. CHANGES TO OUR PRIVACY POLICY

The Company reserves the right to change this policy and our Terms of Use at any time, and such changes will take effect immediately. You should periodically check the Website and this page for updates.

V. CONTACT US

If you have any questions regarding this Privacy Policy or the practices of this Software, please by sending us an email at info@lockdown.school.nz