In these Terms:ESG Management Software means the software owned by us (and our licensors) that is used to provide the Service. Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the ESG Management Software. Your Confidential Information includes the Data. Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is inputted into, the Service.Fees means the applicable fees set out in the Order Form or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 8.6.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:
- an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
- a lack of funds for any reason.
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, data and databases, software and computer code, confidential information, know-how, and all other rights resulting from intellectual activity.
Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
Order Form means the ESP proposal signed by both parties with the product features, applicable fees, ESP order form, and any appendices to that document.
a party includes that party’s permitted assigns.
Permitted Users means any person or entity who You have authorised to access and use the Service in accordance with clause 5.3.
a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
personal information means information about an identifiable, living person.
personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
Service means the means the online and mobile device services made available (as may be changed or updated from time to time by ESP) via the Website or the ESP mobile application.
Start Date means subscription start date stated in the Order Form.
Underlying Systems means the ESG Management Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.
We, us or our means Energy Solution Providers Limited, doing business as ESP, company number NZBN 9429036879274.
Website means the internet site at https://app.bravegen.com, or such other site notified to you by us.
Year means a 12-month period starting on the Start Date or the anniversary of that date.
You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.