Engini TERMS & CONDITIONS
Engini Ltd ("service provider")
and Attix5 ("technology provider")
and also jointly refered to as ("we")("us")
provides the Engini data back up services
("Engini") to you as a
registered user ("You") pursuant to these
terms and conditions.
By using Engini you are accepting and
will be bound by the following Terms and Conditions.
To gain maximum benefit from use of Engini
data protection services and as an authorised
user, it is important for you to carefully
read these Terms and Conditions.
1. How it Works
1.1 Engini is an Internet-based
data back up service, available to a registered
user ("user"), accessed via a PC through the
use of a confidential Username, Password and
Encryption key. To carry out regular automated
and manual data backup to the remote Engini
back up servers.
On registration a small Java program is downloaded
to the users' PC. This program is both the
user interface and manages the back up data
selection, encryption, compression, caching
and all communication with the back up servers.
When a user wants to restore some or all of
the backed up data to their or another PC,
they reinstall the backup software entering
the username, password, and encryption key,
then access the most recently backed up data
or an archive (older version), and get a copy
of the desired file/s put back on your PC
in either the original location or some other
as specified at the time. By using 428bit
Blowfish encryption all backed up data is
protected from access by unauthorised parties.
2. Access
2.1 Your Username: Your username should consist
of 6-8 alphanumeric characters and is required
every time you access your account but may
be remembered by your computer if your
Engini security setting is set at Low.
If the security level is set on Medium or
High re-entry of access codes manually may
be required every time you access the service.
This applies to password and encryption key
too.
2.2 Your Password: Your password should consist
of 6-8 alphanumeric characters and is required
every time you access your account but may
be remembered by your computer when you use
Engini. These passwords should remain
confidential to you alone and you must take
all reasonable steps to prevent disclosure
of your access codes to unauthorised people.
Within the Engini program you undertake
to set the security level appropriate to your
circumstances.
2.3 Your Encryption Key: Your encryption key
is the unique set of characters that are used
by Engini to encrypt your data.
Your backed up data is not accessible to you
or anyone else if you do not have the encryption
key as this is also required to de-crypt your
data on restoring it.
2.4 Keep Your Access Codes Safe: Your Username,
Password & Encryption Key comprise your
Access Codes. It is your responsibility to
keep these secure. If you lose any or all
of them you may not be able to access your
backed up data for restoration purposes and
will have to start a fresh backup account
in order to protect your data.
2.5 Access: You will only be able to use
Engini to access those accounts where
you are:
- the holder of the Access Codes, or
- authorised to act on behalf of the account
holder.
3. Accuracy of Information- Mistake
3.1 You are responsible for and must take
all reasonable care to ensure the file back
up selections you apply are appropriate for
your purposes. We accept no responsibility
or liability for non-selection of data for
back up or for failure to back up such data
on the Engini remote servers
3.2 Log files are generated for you whenever
you backup to the Engini remote
server and displayed in an open window on
your desktop. You are responsible to investigate
any error messages in the log file. If a backup
session fails for any reason, the user is
entirely responsible for the decision to undertake
another backup session prior to the next scheduled
session or not. You must let us know as soon
as you think there has been an error or mistake
and we will endeavour to rectify wherever
possible.
3.3 You undertake to make yourself familiar
with the various file selection methods available
and the archiving settings by using the information
in the program Help. File archiving is only
available on paying accounts.
4. Fees and Payment
4.1 Use of the service is subject to monthly
fees applicable from time to time after completion
of the free trial period.
4.2 Your use of Engini with your
Access Codes to carry out backup transactions
is your authority to us to charge you for
the services you are receiving.
5. Change to Terms and Conditions and Modification
to Service
5.1 We reserve the right to change these Terms
and Conditions at any time on giving you 14
days notice. Notice to you may be by mail
to your last notified address or electronically
via the Internet or to your e-mail address
("Notice").
5.2 We may modify Engini and its
contents and functionality at any time without
any notice or liability to you. Your continued
access to and use of Engini thereafter
will constitute your acceptance of the amended
terms and/or modification.
5.3 You agree that your sole remedy and recourse
for any change will be to cease access to
and use of Engini.
6. Contacting Members and Users
6.1 As a condition of using Engini
you consent to receive communications containing
information about Engini from us.
We may also send you newsletters, emails or
other communications including but not limited
to promotional messages from Sponsors and
advertisers and other content that we believe
are in your interests. You may opt out from
receiving these latter communications.
6.2 You agree that by signing-up for any
Engini service you will provide accurate
information about yourself. Special requirements
such as filling out a survey, or agreeing
to receive promotional offers sent to you
via email may be required to receive premium
services or other special offers.
7. Ownership of User Data
7.1 You are the sole owner of your user files
and/or data ("digital content"), and are hence
the sole responsible party for that data.
You can request access to your digital content
and request that it be removed from our system.
We will make all reasonable attempts to comply
with these requests.
7.2 While you are the owner of your digital
content, We retain ownership of the storage
media on which your encrypted data resides.
Thus, as in any lease-type agreement, we reserve
the right to copy, relocate, back up, and
remove user data from our system.
7.3 User registration information collected
in aggregate form is our property.
7.4 The user registration information of users
who opt-in, or fail to opt out, to receive
sponsorship services or content may be shared
with that sponsor.
8. User Privacy
8.1 All backup data is privacy protected by
encryption, which effectively renders it useless
to third parties in the absence of the critical
key information. Protection of the key information
is entirely the responsibility of the user.
We will keep all user files and stored data
private, viewable only by you, the user, except:
- WE FULLY COOPERATE WITH LEGITIMATE LAW
ENFORCEMENT AUTHORITIES, ESPECIALLY THOSE
BASED IN OR AUTHORISED BY THE NZ GOVERNMENT.
- We are not responsible for third-party
disclosures of private and/or secret information.
- If the authorities ever search or seize
our system, they may gain access to your
private digital content and/or user registration
information. In that case, we cannot assure
they will not attempt to review them. Remember
that you have personal rights of privacy
that even the government cannot legally
violate, although you may have to go to
court to enforce those rights.
8.2 Except as expressly provided herein or
as required by law. Engini will
not disclose the digital content and/or user
registration information to anyone other than
the addressees, authorised recipients, or
those to whom such disclosure is necessary
to assure forwarding or delivery.
8.3 We may use for our own purposes information
gathered regarding subscribers or subscribers'
usage, user profiles, and other user data.
This information may be transferred to external
parties in aggregate form. We will not reveal
to any third party, including other users,
any detailed, non-public information that
identifiably discloses any member's specific
use of the system. Unless:
- such disclosure is required to operate
the system or by authorised demands of law
enforcement authorities;
- by court order compelling disclosure of
information within our control; or
- the user has consented to that disclosure.
9. Withdrawal of Service and Deletion
of Data
9.1 You may request that we withdraw your
Engini access. Such request must
be in writing and you will remain responsible
for any transactions made on your account/s
up until the time of cancellation.
9.2 We may withdraw your Engini
access at any time if:
- you have breached these Terms and Conditions,
- We learn of your death, bankruptcy or
lack of legal capacity or that you have
committed an act of bankruptcy or that a
bankruptcy petition has been presented against
you,
- You fail or refuse to pay our charges,
- We consider that we have other reasonable
grounds to do so (in which case all reasonable
efforts will be made to advise you of the
circumstances of withdrawal or suspension).
9.3 We also reserve the right to change or
discontinue the service at any time with or
without cause by providing to you, 30 days
Notice.
9.4 After withdrawal of Engini
access, we may remove and/or purge your data
and account from Engini. Should
withdrawal of access result from us discontinuing
the service we will make at least two attempts
not later than 15 days prior to removal of
your data to alert you to the pending deletion
via your provided email address. We shall
incur no liability in respect of deletion
of data and shall not be obliged to forward
or retrieve data following termination of
this agreement.
10. Use of Engini Data Protection Services
and Indemnity
10.1 Engini may be accessed and
used only for lawful purposes.
10.2 You represent and warrant that any materials
that you upload or copy to and from Engini
shall not contain any viruses, Trojan horses,
worms, time bombs, cancelbots or other computer
programming routines that are intended to
damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data
or personal information.
10.3 You agree to follow the instructions
supplied to you in relation to the use of
Engini.
10.4 You will not use or permit the use of
Engini in whole or in part for
any purpose, whether legal or illegal, other
than as specifically intended to perform legitimate
data backup or transfer of files via the BackPack
service.
10.5 You acknowledge that we shall have no
obligation to verify authenticity of any instruction
received from you or purporting to have been
sent by you via Engini, and that
we may, without further enquiry, act on any
directions contained in an instruction which
on its face purports to be genuine. You agree
to indemnify us and hold us harmless for any
loss incurred or damage suffered by us, or
other users or for any claim or action which
may be brought against us by a third party,
which is in anyway the result of your use
of Engini, or your failure to take
all reasonable steps to prevent unauthorised
use of Engini.
11 Intellectual Property Rights
11.1 We warrant that we have the right and
authority to permit you to use Engini
on the Terms and Conditions of this agreement.
11.2 You acknowledge that apart from the licence
to use Engini, you have no property
rights in the copyright or intellectual property
rights which subsist in Engini.
The licence is also no exclusive and non transferable.
11.3 You will not copy, transfer, modify,
decompile and in any way deal with the software
provided to you for use of Engini
except for the purpose of your own licence
to use the data protection service.
11.4 All right and title in and to the software
and the services, including without limitation
and all of the trade names, trademarks, copyrights
and other intellectual property rights used
or embodied in or in conjunction with the
software and the services shall be and remain
the sole property of the service provider
and/or the technology provider thereof and
no intellectual property rights therein are
granted or assigned to the end-user under
this agreement. The end-user shall not at
any time in any way question or dispute the
service provider, the ownership of the service
provider and/or technology provider of any
such item and undertakes not to infringe or
prejudice any rights or interest of the service
provider and/or the technology provider in
and to the software and the services.
12. Warranty and Limitation of Liability
12.1 Except as expressly provided in this
agreement, we make no representation or warranty
of any kind in respect of Engini
and all warranties or representations not
included in this agreement, whether express
or implied, statutory or otherwise, are excluded
to the fullest extent permitted by law.
12.2 You assume all risks associated with
use of Engini including, but not
limited to, the risk that your data will be
lost, destroyed, deleted, not forwarded or
not retrieved or that the Engini
service may be inaccessible from time to time
or that use of the service will expose you
to damage to files, hardware or software caused
by any third party software or other outside
interference with files or equipment and agree
to indemnify the service provider and technology
provider.
12.3 Consequential Loss: Under no
circumstances, unless otherwise provided by
statute (and then only to the minimum extent
permitted) will we be liable to you for loss
of profits, or any indirect economic or consequential
loss whatsoever whether arising from interrupted
use, errors in data, negligence, breach of
contract or otherwise.
12.4 Limit of Liability: Our liability
to you or any third party technology provider
is limited to the greater of:
- the amount of fees you paid to Engini
in the 12 months prior to the action giving
rise to liability, or
- one hundred dollars ($100)
whichever is higher.
13. General Provisions
13.1 New Zealand Law: This agreement
is governed by New Zealand law and this electronic
document may be submitted as evidence of your
and our intentions and obligations in any
Court or dispute resolution process.
13.2 Entire Agreement: Subject to
our right to amend these Terms and Conditions
this constitutes the entire agreement between
you and us and supersede all prior or collateral
agreements or representations.
13.3 Unforseen Events: Neither we
nor our employees or agents shall not be liable
for any act or failure to fulfil its obligations
in relation to provision of the Engini
service if the act, omission or failure arises
from any cause reasonably beyond its control.
These events may include (but shall not be
limited to) acts of God, strikes, lockouts,
riots, acts of war, epidemics, earthquakes,
floods, governmental action, fire, communication
line failures, power failures, computer or
processing system failure.
