YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF COGNITO SOFTWARE LTD ("COGNITO") IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS. "YOU" (AND "YOUR") IS THE INDIVIDUAL WHO IS USING OR ACCESSING THE SERVICES OR PRODUCT, AND/OR WHO HAS PAID FOR THE SERVICES OR PRODUCT, OR, WHERE AN INDIVIDUAL IS PURCHASING THE PRODUCT ON BEHALF OF AN ENTITY, THEN THAT ENTITY.
By clicking/checking the "I have read and accept these terms and conditons" checkbox or equivalent, accessing the Cognito website or by using the Services You agree to be bound by these Terms and Conditions. The Services may not be accessed by persons who are not legally eligible to be bound by these Terms.
The MoneyWorks Subscription Service ("Subscription") provided by Cognito is an online service which gives access to one or more designated MoneyWorks software products ("Product") for a limited time period ("Period").
The Subscription provides You with a non-transferable, time expiring licence to use the Product. At the end of the Period the licence will expire and You agree to either renew or cease using the Subscription. Continued use without renewing the Subscription is forbidden.
To access the Services You will need to provide information about Yourself. You agree that any such information shall be accurate. You will also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.
Access to the Product is provided by an Access Serial Key ("Serial"), and requires regular access to the internet. You agree that You will not disclose the Serial to any third party whatsoever.
You further agree not to disassemble, reverse-engineer or in any other way attempt to modify the Services or the Subscription management process, or to attempt to bypass any controls on the Services. Any software associated with the Services and website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Cognito will charge You, and You agree to pay, the listed price for the Subscription. This will be automatically charged to Your credit card or other payment mechanism selected by You and approved by Cognito (your "Account"), on a monthly basis. Cognito reserves the right to vary prices for the Subscription at any time, including charging for a Subscription or Product that was previously free, and will notify You by email at least 30 days in advance of a price increase.
Your subscription provides access to the Product only, and not to any support or other services. Should You require support or assistance from Cognito in any form, You agree that Cognito can, at its sole discretion, charge your Account for the support provided at Cognito's then current support rates.
Termination
You may suspend or terminate your Subscription at any time. Suspension or termination by You comes into affect at the end of the Period.
In the event of Cognito becoming aware of abuse of any aspect of the Services by You, including but not limited to failure to pay, Cognito has the absolute right to immediately suspend Your access to the Services without prior notice.
Warranties
Your use of the Server and Product is entirely at Your own risk and Cognito provides no warranties as to the Services. Without limiting the foregoing, Cognito does not warrant that the Services will meet Your requirements, or that the Services will be suitable for any particular purpose, or that the Services are secure, free of bugs or viruses or interruptions, or that Your use of the Services will satisfy or ensure compliance with any legal obligations, laws or regulations. To avoid doubt, all implied conditions, and warranties of the Services are excluded insofar as is permitted by law, including, without limitation, warranties of merchantability and fitness for purpose, performance, accuracy and quiet enjoyment.
To the extent not prohibited by law, in no event shall Cognito be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss or corruption of data, business interruption or any other commercial damage or loss arising out of, or related to the Your use, or inability to use the Services, however caused, regardless of the theory of liability (contract, tort or otherwise).
Ownership
The Services, including the MoneyWorks Software, is owned solely by Cognito, and nothing in these terms grants You any ownership.
Data files that You create using MoneyWorks belong to You, and You are responsible for their care and backup.
Particular features of the Services may be subject to separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of use of those features of the Services.
Communications
You need to provide Cognito with email addresses and other information in order to access the Services. Cognito agrees to hold this information private and not to disclose it to any third party whatsoever, unless required to by law.
You agree that, as part of this subscription, Cognito may email You from time to time about the Services, MoneyWorks or related software/services.
Cognito reserves the right to change the Terms and Conditions at any time, and will advise You of such changes by email or such other means as may be appropriate. Your continued use of the Services indicates Your acceptance of any changes.
Governing Law
These terms of use and the provision of goods and service by Cognito shall be governed by and construed in accordance with the laws of New Zealand and You hereby expressly submit to the jurisdiction of the Courts of New Zealand.