Solvam Apps Terms and Conditions

The following document outlines the terms and conditions for the use of the following three Solvam systems that provide users access to Services, collectively known as the Solvam Apps.

For more information on the use of your personal information, please see our use of personal information page.

Definitions

Solvam / School-links / Beep / Beep for Business / We / Us / Our means Solvam Corporation Limited

Solvam Apps means:

  • the School-links Web Application available at school-links.org.nz and related subdomains,

  • the Beep for Business Web Application available at app.beep.co.nz and related subdomains,

  • the School-links for Admins mobile apps available on iOS and Android

You / Authorised User means the person visiting and/or using Solvam Apps and/or Services.

Solvam Account means your account registered with Solvam

Organisation means a legal entity such as a school, body corporate, which subscribes to Services provided by Solvam

Organisation Portal means the specific website assigned to an Organisation upon subscription to Services, accessed via an Organisation-specific URL, where Authorised Users and other permitted persons can view and publish Content as well as access Services for the Organisation

Content means any data or material produced by any persons for or on behalf of an Organisation and published to an Organisation Portal.

Services means the services accessible by Authorised Users via the Solvam Apps including but not limited to communication tools and Content creation and publicationn.

1. Important Information

  1. Please read the terms and conditions of this agreement before continuing. By using the Solvam Apps, you agree to be bound by the terms and conditions contained in this document and/or posted on the respective websites of the Solvam Apps.

  2. This is a legal agreement between you (Authorised User), and Solvam Corporation Limited (Solvam) for the use of Solvam Apps (Agreement).

  3. Additional contractual terms may apply to some Solvam Apps on an individual basis, including any Solvam Apps that are licensed to the Authorised User’s Organisation via a Solvam Hosting and Software Licence Agreement as signed by a representative of that Organisation.

  4. Solvam reserves the right to amend these Terms and Conditions at any time without notice to you. You agree that it is your responsibility to familiarise yourself with these Terms and Conditions and periodically check them for any such amendments.

  5. Any new features that may be added to the existing Solvam Apps or Services, including new tools, shall be subject to these Terms and Conditions.

  6. Any failure to exercise or enforce any right available to Solvam under this Agreement does not constitute a waiver of those rights.

  7. Any notices to Solvam shall be in writing and made via email or conventional mail. Notices must be sent to info@school-links.co.nz or to Solvam Corporation Ltd, P. O. Box 21153, Christchurch, New Zealand.

2. No Liability

  1. Solvam makes every effort to ensure that Solvam Apps are up-to-date. However, Solvam makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability for purpose or availability of the Solvam Apps. Any reliance the Authorised User places on Solvam Apps is therefore strictly at its own risk.

  2. In no event will Solvam, its subsidiaries, affiliates, directors, shareholders, agents, and/or employees be liable (whether under tort, equity, negligence or otherwise) for any damage or loss including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising out of or in connection with the use of, or reliance on, the Solvam Apps or any content distributed in conjunction with the Solvam Apps.

  3. Solvam makes every effort to keep Solvam Apps running smoothly. However, Solvam takes no responsibility for, and will not be liable (whether under tort, equity, negligence, or otherwise) for the Solvam App being temporarily unavailable due to technical issues beyond its control.

  4. Solvam is not liable to the Authorised User for any damage or change to the Authorised User’s device or equipment caused by Solvam Apps.

3. Indemnity

  1. You agree to indemnify Solvam, its officers, employees, agents, affiliates, suppliers and representatives against any and all claims, damages, losses, costs, and expenses (including but not limited to lawyers’ fees) resulting from any violation of this Agreement or any activity related to the use of Solvam Apps (including negligent or wrongful conduct) by you or any other person accessing Solvam Apps that you are responsible for.

4. Intellectual Property

  1. Solvam (and its licensors) own all title, trademarks, copyright, database rights, and intellectual property rights in the Solvam Apps. The Solvam Apps are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

  2. You must not copy, reproduce, or distribute Solvam Apps (including any part of any Solvam Apps or any content found on or produced by Solvam Apps) without the prior written consent of Solvam.

  3. Solvam does not make any claim to ownership of content, communications, or materials posted to an Organisation Portal and created by person(s) associated with an Organisation.

  4. The Authorised User warrants that content they create in the Solvam Apps does not infringe upon any other party’s intellectual property.

5. Privacy and Use of Information

  1. The information submitted by each Authorised User to Solvam Apps may be retained by Solvam and used in accordance with the requirements of the Privacy Act 2020 (or any replacement legislation). The Authorised User agrees that Solvam may use any personal information obtained by Solvam about the Authorised User through or by use of any Solvam Apps for any purpose associated with the provision of, or their use of, Solvam Apps (including producing statistical data). Solvam may disclose information about the Authorised User to Solvam’s agents or any Governmental Department if deemed necessary by Solvam for any purpose. The Authorised User may request the information that Solvam holds about it. These requests must be made in writing.

  2. For the avoidance of doubt, the Authorised User authorises and consents to Solvam providing the Authorised User’s data to third parties to facilitate communication between the Authorised User and any party the Authorised User communicates with through Solvam Apps. These third parties may include (but not be limited to) telecommunication service providers, computing services providers, and automated text message service providers. The Authorised User acknowledges that Solvam will not have any liability for any claim arising from an action taken by a third party.

  3. The Authorised User acknowledges that Solvam Apps are accessed through the Authorised User’s Solvam Account via Credentials including a username and password, and if the another party is allowed access to these Credentials or Solvam Account by the Authorised User, either through wilful disclosure or negligence, the Authorised User’s data and any data belonging to the any Organisations the Authorised User is allowed to view may be accessible by a third party. In the event this occurs, Solvam will have no liability to the Authorised User or the Organisations involved. The Authorised User acknowledges this and it is the Authorised User’s responsibility to notify Solvam if this event occurs. Solvam recommends users choose strong passwords and store them in secure password management systems.

6. Consumer Guarantees Act 1993

  1. Nothing in this Agreement shall affect any right the Authorised User may have under the Consumer Guarantees Act 1993 (Act) (or any replacement legislation). If Solvam Apps are being used for the purpose of a business, the Authorised User agrees that the provisions of the Act are contracted out of by the parties to the maximum extent permitted by law.

7. Monitoring, Cancellation, and Termination

  1. This Agreement is effective until terminated by the Authorised User or Solvam. Solvam may suspend or terminate an Authorised User’s use of Solvam Apps at any time without prior notice or liability for any reason whatsoever, including if the Authorised User breaches any part of this Agreement. Upon such termination, the rights granted to the Authorised User under this agreement shall immediately terminate and the Authorised User must immediately cease all use of Solvam Apps however clauses 2, 3, 4, and 5 will survive termination of this Agreement.

  2. For the avoidance of doubt, termination of an Authorised User’s use of Solvam apps may include suspension or de-activation of Solvam Accounts and/or suspension or de-activation of Organisation Portals.

  3. An Authorised User may terminate this Agreement by ceasing to use the Solvam Apps.

  4. Termination of this Agreement is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination.

  5. Solvam has no obligation to monitor activity or to access Solvam Accounts, but reserves the right to do so for any reason Solvam sees appropriate. Such reasons may include customer support, suspicion of illegal or malicious activity, or to remove inappropriate or objectionable material.

  6. Solvam reserves the right to change the URL of an Organisation Portal should Solvam deem this necessary for any reason.

8. Variation

  1. Solvam may in its absolute discretion change the terms and conditions of this Agreement at any time by publication of the amended terms and conditions on the respective websites that comprise the Solvam Apps.

9. Applicable Law

  1. This Agreement is governed and to be construed by the laws of New Zealand and the Authorised User accepts that New Zealand Courts have exclusive jurisdiction to deal with any dispute, litigation, or other matter relating to this Agreement or Solvam Apps.

  2. If at any time any part of this Agreement becomes illegal, invalid, or unenforceable in any respect, that part shall be read down to become legal, valid, and enforceable or, if this is not possible, deleted. The remaining parts of this Agreement shall continue to apply with full force and effect.

10. Capacity

  1. By using Solvam Apps, you warrant that you are over 18 years of age or have the permission of your guardian to do so (if you are an individual) or, in the case of a body corporate, that you have the authority to enter into the Agreement.

11. Access and Use

  1. Solvam grants you a limited, exclusive license to access and use the Solvam Apps in connection wth your Solvam Account. An Authorised User is not permitted to share, redistribute, or assign this license without a written agreement from Solvam.

  2. Solvam reserves the right to remove any Content uploaded by Authorised Users or any other persons to Solvam Apps at its discretion, whether visible to third parties or not.

  3. When connecting an Organisation to a social media platform such as Facebook, Solvam will retrieve and store data such as the Page ID and page metadata required for the purposes of providing the Services to which the Organisation subscribes.

12. Data Retention and Archival

  1. Authorised Users holding a Solvam Account may request to Solvam in writing deactivation of their Solvam Account at any time. Deactivation removes the Solvam Account from all Organisations they were associated with in the Solvam Apps.

  2. Content created by the Authorised User holding the deactivated Solvam Account will remain accessible to the Organisations it is associated with, to other Authorised Users, and any third parties granted access or to whom Content has been published via other mechanisms such as email or text message.

  3. Solvam will retain Content for a time period it deems to be appropriate to the utility of the content, but makes no guarantee as to the length of this time period. Typically this time period will be at the very least one calendar year, but is likely to be substantially longer.

  4. Organisations may request to Solvam in writing at any time deactivation of their Organisation and Organisation Portal. Deactivation of an Organisation and Organisation Portal removes access to the Organisation Portal and all Content available within the Organisation Portal from any Authorised Users. It does not, however, remove all access to Content that has been published to Authorised Users or third parties via other mechanisms such as email or text message.

  5. Should an Organisation wish to remove access to Content in an Organisation Portal, or Content that has been attached to an email by means of the “attachment” feature, and is accessed via third parties by means of a URL hosted within an Organisation Portal, this request can be made in writing to Solvam.

  6. For the avoidance of doubt, deactivation of an Organisation or Organisation Portal does not waive any financial or other contractual obligations the Organisation may have to Solvam.