GeoOp Terms and Conditions

Welcome to GeoOp, a mobile workforce management tool designed for businesses, corporates and organisations. Please read these terms of use carefully before using the Website and the Software as they form a legally binding contract between us.

These Terms apply to the entire content of the website at www.GeoOp.com, the use by you of the GeoOp software provided through the Website and any correspondence between us. If you use the Website then you indicate that you accept these Terms regardless of whether or not you chose to register to use the Software. If you do not accept these terms, then please do not use the Website or the Software.

These Terms are issued by SaaSilia Limited, a private limited company registered in New Zealand with number 2244624 whose registered office is at 61 Wellington St, Freemans Bay, Auckland and PO Box 68 450, Newton.

By registering and using GeoOP you agree to these Terms, which will bind you. If you do not agree to these Terms, please do not register and use GeoOP's Website and/or Software.

Definitions

"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Software but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
"Data"means any data inputted by you or your mobile device into the Software.
"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
"Software" means the software available (as may be changed or updated from time to time by SaaSilia) via the Website.
"Website" means the Internet site at the domain www.GeoOp.com or any other site operated by SaaSilia.
"SaaSilia" Means SaaSilia Limited, which is private company registered in New Zealand

1. Introduction

GeoOp is a paid job management application from SaaSilia. You understand and agree that the Software is provided on an as is and as available basis. SaaSilia disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Software. SaaSilia also reserves the right to modify, suspend or discontinue the Software with or without notice at any time and without any liability to you.

2. Use of Software

You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Software is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

You shall not agree to, and shall not authorize or encourage any third party to:
Use the Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by SaaSilia.

Upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations.

Prevent others from using the Software.

GeoOP is not to be used for any form of emergency services or law enforcement organisations.

Use the software or website for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. SaaSilia reserves the right, but shall have no obligation, to investigate your use of the software in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

3. Software Availability and Support

SaaSilia will aim to provide a software availability of 99.9% however in the event of an outage or server access issue, SaaSilia will not and cannot be held liable for data loss, but will act as soon as possible to restore customer server access.

While SaaSilia makes all efforts to prevent any disruption to the software during any update or upgrade, there may be times where SaaSilia is inaccessible for a period of less than 60 minutes. Updates and upgrades are scheduled to avoid peak usage times.

SaaSilia is committed to providing excellent customer service; we aim to answer most support issues within a few hours, however, SaaSilia makes no guarantee on the period of time before support is provided.

In the event that urgent support is required, we will do whatever is necessary to assist. Email support is available 24/7, phone support is available 9am-5pm, Mon-Fri based on Pacific Time, GMT+12.

4. Intellectual Property Rights.

General:
Title to, and all Intellectual Property Rights in the Software, the Website and any documentation relating to the Software remain the property of SaaSilia.

Data:
Title to, and all Intellectual Property Rights in, the Data remain your property. You must maintain copies of all Data inputted into the Software. SaaSilia adheres to its best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of Data. SaaSilia expressly excludes liability for any loss of Data no matter how caused.

Third-party applications and your Data:
If You enable third-party applications for use with the Software, You acknowledge that SaaSilia may allow providers of those third-party applications to access your Data as required for the interoperation of such third-party applications with the Software. We shall not be responsible for any disclosure, modification or deletion of your Data resulting from any such access by third-party application providers.

5. .Representations and Warranties.

Acknowledgement:
You acknowledge that:
You are authorised to use the Software and the Website and to access the information that You access using the Software and the Website (whether that information is your own or that of anyone else).

If You are using the Software and accessing the Website on behalf of or for the benefit of an organisation (whether a body corporate or not) then SaaSilia will assume that You have the right to do so and that organisation will be liable for your actions or omissions (including any breach of these Terms).

The provision of, access to, and use of, the Software is on an "as is, where is" basis and at your own risk.

SaaSilia does not warrant that the use of the Software will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Software, including public telephone services, computer networks, mobile networks and the Internet, can be hard to predict and may from time to time interfere with or prevent access to the Software. SaaSilia is not in any way responsible for any such interference or prevention of your access or use of the Software.

It is your sole responsibility to determine that the Software meets the needs of your business.

No warranties:
SaaSilia gives no warranty about the Software. Without limiting the foregoing, SaaSilia does not warrant that the Software will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

Consumer guarantees:
You warrant and represent that You are acquiring the right to access and use the Software and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, the website or these Terms.

6. Privacy.

Confidentiality: Unless the relevant party has the prior written consent of the other or unless required to do so by law:

Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

Each party's obligations under this clause will survive termination of these Terms.

The provisions of clauses 6.1.1 and 6.1.2 (above numbers?) shall not apply to any information which:
is or becomes public knowledge other than by a breach of this clause;
is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
is independently developed without access to the Confidential Information.
Privacy: SaaSilia maintains a privacy policy that sets out the party’s obligations in respect of data. You should read that policy at www.GeoOp.com/privacy/ since You will be taken to have accepted it when You accept these Terms.

7. Limitation of Liability

To the maximum extent permitted by law, SaaSilia excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Software.

If You suffer loss or damage as a result of SaaSilia's negligence or failure to comply with these Terms, and claim by You against SaaSilia arising from SaaSilia's negligence or failure will be limited in respect of any one incident, or series of connected incidents to the balance of your prepaid account.
If You are not satisfied with GeoOp, your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

8. Termination

Trial Policy: When You sign up for the Software You have 20 Job and 20 SMS credits which you can evaluate GeoOp with no obligation to continue. Should You choose to continue using GeoOp, You will be given the option to purchase Job and SMS credits as offered on GeoOp.com.
You may terminate these Terms by sending an email within those 30 days to support@geoop.com.
As GeoOp is provided as a Pre-Paid software, the value of any unused Job, SMS or any other credit is non refundable.
If you breach these Terms, SaaSilia may at its discretion: a) Terminate these Terms and your use of the Software and the Website; b) Suspend for any definite or indefinite period of time, your use of the Software and the website.

There is a three month period in which the free credits must be used. The account will be suspended if there has been no activity. It can be re-activited by purchasing job credits. If GeoOp is not accessed for a period greater than twelve (12) months, this agreement will terminate and as per 8.3 any credit balance remaining on the account will be non refundable. If a user has not accessed their account within three (3) months then that user will be automatically de-activated.
Clauses 4, 5, 6, 7, 8 survive the expiry or termination of these Terms

9. Entire Agreement

These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Website and the provision of the software and supersedes any prior agreement, understanding or arrangement between you and SaaSilia, whether oral or in writing.

You may not assign or transfer any rights to any other person without SaaSilia's prior written consent
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms

10. Governing Law and Jurisdiction.

These Terms of Use will be governed by and construed in accordance with the laws of New Zealand, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the software or website will be brought solely in New Zealand, and you consent to the jurisdiction of such courts.