Terms of Use
Last Updated: 15th May 2020.

These terms of use (Terms) govern your use of the Beacon application (the Website). By using the Website, you agree to these Terms. If you do not accept these Terms, you may not use this Website. For the purposes of these Terms, “we”, “us” and “our” refers to Beca Ltd. (Beca), and “you” and “your” refers to the user of the Website.

These Terms of Use may be amended from time-to-time and any changes will be effective once published to the Website. If you have any comments or questions regarding the Website, please contact teamviewservices@beca.com.

We collect, use and share personal information about you when you use this Website. Our Privacy Statement contains further information on this.

Your use of the Website
Registered users
Before accessing the Website you must complete the registration process. When you register you may be required to set up a login and password; your password must comply with the security requirements.  We will assume that the person using your login and password is you.

Your use of this Website is subject to the access rights granted to you by the registered administrator (Administrator). You must inform the Administrator (by email to teamviewservices@beca.com) if you no longer require the access rights granted to you and/or if you change roles or employers from the time you were granted access rights. Your access rights may be revoked or amended at any time by the Administrator. We are not responsible for any damages arising from such revocation or amendment.

You must not:

disclose your login and password or other authentication information to anyone else;
allow anyone else to access this Website using your registration information or otherwise pretending to be you;
use this Website for any purpose other than as specified in these Terms and as permitted by the scope of access rights granted to you;
post information which you are not authorised to post or post any personal information about any person, unless you have express consent from that person to do so;
use this Website for any activity which infringes a third party's rights, is unlawful, or breaches these Terms;
use this Website to transmit or post:
any unlawful, obscene, indecent, offensive, or defamatory material or any material which is false, misleading or deceptive;
any copyright or trademark law, privacy or other personal or proprietary or moral rights;
disclose any content made available on this Website without our prior written consent;
use this Website to send spam or any unsolicited messages (commercial or otherwise);
attempt to gain unauthorised access to this Website or use another person's name, registration account or password;
knowingly provide false registration information;
knowingly transmit any virus or other disabling feature to this Website; or
collect information that could be considered personal data about others without their explicit consent and/or appropriate lawful basis.
Please keep your login, password and/or other authentication information secure. Do not write this information down or use details which could be easily guessed by any person. We take a number of steps to safeguard the security of the Website but you are responsible for protecting your login and password and for the security of your computer (and any network which you are responsible for), including anti-virus and other relevant security measures to prevent unauthorised use of, and access to, your Website account.

Posting or uploading content to the Website
If you are permitted to edit or add content on this Website, this Website records those changes and identifies which registered user made such changes. 

To the extent you own any content you post in accordance with your access rights or are licenced to use such content you post, you will retain such ownership and intellectual property rights. You must have all rights to post any content on this Website and you grant Beca royalty-free, perpetual right to use any content you post on this Website for any purpose. If you do not have the rights to upload any content to this Website or grant the licence to Beca referred to above, please do not post the relevant content on the Website.

You agree to indemnify and hold Beca harmless to the maximum extent permitted by law, against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses (including all legal costs and expenses on a solicitor and own client basis) suffered or incurred by us arising directly out of, or in connection with, any claim that the use of any content posted by you to the Website infringes the rights of any third party.

You acknowledge that any information you post to this Web Application will become subject to disclosure rules under any applicable privacy laws.

Disclaimer and liability
Whilst every effort has been made to ensure the content on this Website is complete and accurate, to the maximum extent permitted by law and without affecting our legislative and regulatory obligations, we (and our contributors and associates) exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of all content, products or services available through this Website. We make no warranty that this Website will be free from viruses or any kind of malicious code whatsoever.

No information or content on this website constitutes advice as to the appropriateness or suitability of any product, service or course of conduct. Reports or information made available to you through the Website may contain additional terms and disclaimers. The information contained in those reports is subject to those terms and disclaimers and you should make sure you review those terms and disclaimers together with the report. 

Your use of the Website is at your own risk.  We have no control over the information, content and data that is entered or uploaded by a user.

To the maximum extent permitted by law and without affecting our legislative and regulatory obligations, we (and our officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage (whether direct or consequential), costs or expenses suffered by you or claims made against you in connection with, however caused:

your use of this Website, or;
your inability to access or use this Website.
Availability of the Website
While we will aim to make the Website available on a reasonably continuous basis (taking into account scheduled downtime for maintenance and upgrades), this Website is made available on an "as is" basis and we make no guarantees or representations in relation to the continuity of the availability of the Website, or any particular functionality of the Website. There may be times when access to the Website is limited or unavailable. We have no responsibility to you for any consequences resulting from the unavailability of the Website or your inability to access the Website at any time.

We can suspend or terminate your access to the Website at any time without notice, for any reason and at our discretion (including as a result of your failure to comply with these Terms). 

Intellectual property
Except as otherwise specified in these Terms, all material on this Website, and all software, design, text and graphics on this Website is owned or licensed by us and are protected by law. 

You must not copy, sell or use any part of this Website or any material contained on this Website without our written consent. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

Third-party websites and products
This Website might contain links to other third-party websites. Those links are provided for your convenience and do not mean that we endorse the website. We are not responsible for the content of any third-party website linked to this Website.

Jurisdiction
The information made available on or through the Website is not intended to be published or made available to any person in any jurisdiction where doing so would result in contravention of applicable laws or regulations. Accordingly, if it is prohibited to make such information available in your jurisdiction or to you (by reason of your nationality, residence or otherwise) it is not intended for your use. You must satisfy yourself that the laws of your country allow you to access the information and services through the Website. By proceeding to use the Website you confirm that you have done so.

These Terms are governed by and interpreted in accordance with New Zealand law. Any disputes between you and us will be resolved by the New Zealand courts. To the fullest extent permitted by law, we accept no responsibility for the compliance of the Website or the information contained in it with the laws of any country other than New Zealand. 

General
Each term of these Terms is separately binding. If for any reason any term is not effective or binding, all other terms remain effective and binding.

If we do not exercise or enforce any right available to us under these terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.