Terms and Conditions

Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print them by clicking on the print icon on your browser. If you have any questions about these terms and conditions please email: help@industrysmart.co.nz

1. MEMBERSHIP: Membership of Industry Smart’s identity and credential management service is established when you agree to these terms and conditions and your membership subscription fee (12 or 24 month subscriptions available) is paid. Your membership expires if the membership subscription renewal fee is not paid. The membership subscription fee is not refundable in part or in full under any circumstances.

2. ACCURACY OF YOUR INFORMATION: You must ensure, to the best of your knowledge, that all information held by Industry Smart about you and/or your organisation is true and accurate. If at any time you become aware information held by Industry Smart is inaccurate, you must take all reasonable steps to correct it immediately.

3. PRIVACY: Industry Smart only holds personal information that you have provided to us, or that has been provided by others and authorised by you.

Your personal information is used to provide services to you and to others whom you have authorised to have access to your information. When you link your information to other Industry Smart members, such as your employer, a main contractor or sub-contractor, you are authorising them to share your name and/or credential details with other organisations. Your personal information (such as address and contact details) will not be shared by Industry Smart unless you specifically authorise it.

Industry Smart may use your information to communicate with you about our services or related services offered by us and/or related parties. You can choose to opt in to receive communications about related services by ticking the opt-in option before agreeing to these terms and conditions.

Industry Smart will securely store your information and ensure that it cannot be accessed by anyone that you have not authorised to access it.

Industry Smart will not share, sell, distribute or use your personal information without your permission, unless required to do so by law.

You can access the personal information Industry Smart holds about you and make changes to this information through your secure password protected access. You can take copies of your personal information held by Industry Smart at any time by using your password protected access. If you need assistance in accessing and updating or correcting your personal information contact us by email: help@industrysmart.co.nz . Industry Smart will retain your personal information as long as you are a member of Industry Smart. Industry Smart will automatically delete your personal information from our systems after 24 months if your membership is not renewed, or earlier if requested by you.

Industry Smart may use your information in aggregate form to analyse our services, to offer services to others or for other business related purposes. If your information is used in this aggregated way it will not be possible for you to be identified or information that can be linked to you to be disclosed.

4. SECURITY: You are responsible for the security of your Industry Smart identity card. You must not allow others to use your card for any purpose. You must notify Industry Smart immediately if your card is lost or stolen. Industry Smart may levy a fee for replacement cards.

You must keep your username and password confidential. Your username and password must not be shared or accessible to anyone else.

You acknowledge that Industry Smart may monitor your use of Industry Smart services in order to detect any inappropriate use and to assist us to improve our service security and quality.

5. LIABILITY: You agree that Industry Smart will not have any liability or responsibility to you or any other person, company or business under or in connection with these terms and conditions, or in connection with the Industry Smart services, regardless of whether such liability arises in contract, tort (including negligence, equity, breach of statutory duty or otherwise).

You agree Industry Smart will not have any liability or responsibility in respect of any or all loss or damage, whether direct or indirect; including loss of profits, loss of data, loss of business or anticipated savings, general/special damages and consequential/incidental loss.

6. DISCLAIMER: You understand and agree that while Industry Smart takes all reasonable steps to ensure the services it provides are fit for purpose:

a) Your use of the services is at your sole risk.

b) Industry Smart disclaims and excludes all implied conditions and/or warranties; including any warranties that the services are fit for a particular purpose.

c) Industry Smart does not warrant that the services provided will be uninterrupted or error free.

d) No advice or information that is obtained by you through the Industry Smart service or from Industry Smart, or anyone else, shall create any warranty by Industry Smart that is not expressly stated in these terms and conditions.

7. INDEMNITY: You agree to indemnify Industry Smart and keep it indemnified from and against all actions, claims, costs (including legal costs and expense) losses, proceedings, damages, liabilities, or demands suffered or incurred by it to any person arising out of or in connection with or arising out of your use of the Industry Smart services.

Without limiting any other rights and remedies available to Industry Smart, Industry Smart may limit your use of the Industry Smart services, remove your membership or requests or responses, warn other Members of your actions, issue a warning to you, suspend or terminate your membership or refuse to provide services to you if you breach these terms and conditions.

8. MEMBERSHIP TERMINATION: Your membership will immediately terminate if you or your organisation fail to pay the membership subscription renewal fee. The membership subscription fee is non-refundable in part or in full under any circumstances.

Industry Smart may terminate your membership at any time if you have failed to comply with any of these terms and conditions.

9. GENERAL CONDITIONS:

i. System performance: Industry Smart will endeavour to provide uninterrupted availability of its services (taking into account that services may occasionally be subject to downtime for maintenance requirements). Industry Smart will not be responsible for any loss that is incurred as a result of Industry Smart services not being available.

ii. Force Majeure: Industry Smart will have no liability for lack of performance, failure or unavailability of Industry Smart services or for any failure of Industry Smart to meet compliance with the terms and conditions where the same arises from any cause reasonably beyond the control of Industry Smart.

iii. No waiver: Failure by us to exercise or enforce any right available to us under these terms and conditions does not constitute a waiver of those rights.

iv. Partial invalidity: In the event that any provision of the terms and conditions is held to be invalid for any illegal reason, the provisions shall be removed from the remaining terms and conditions, which shall remain in full force and effect.

v. Entire agreement: These terms and conditions and the information you provide during the online registration process form the entire agreement between you and Industry Smart.

vi. Law: This agreement is governed by New Zealand law.