In these Terms:
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 Software. Your Confidential Information includes the Visitor or Employee Data.
Fees means the applicable fees agreed in writing between you and us, as may be updated from time to time in accordance with clause 7.2.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:
including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, 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.
Invited User means any person, other than you, that uses the Service for administrative functions with your authorisation from time to time, including your staff members.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
a party includes that party’s permitted assigns.
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 meeting management, visitor management, indoor wayfinding and workplace insights and analytics service as further described on the Website, as the Website is updated from time to time and includes the yrspace App and use of facial recognition technology and data collection beacons.
Software means the software owned by us (and our licensors) that is used to provide the Service and includes the yrspace App.
Start Date means the date that you register or first access or use the Service, whichever is the earlier.
Terms means these terms titled yrspace terms of service.
Underlying Systems means the 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 yrspace Limited, New Zealand company number 6232508.
Website means the internet site at www.yrspace.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.
Your Data means all data, content, and information (including personal information) owned, held, used or created by you, by Invited Users or by Visitors that is stored using, or inputted into, the Service, including Visitor or Employee Data.
You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
yrspace App means any software, web or mobile application provided by us for use in connection with the Service, including any enhancement or modification.
Visitors means persons that visit or attend work at your premises that sign in using, or are monitored by, the Service (including through facial recognition technology or by use of beacons).
Visitor or Employee Data means personal information about your Visitors or other employees that is stored using, or inputted into, the Service.
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.
To avoid doubt, we are not required to comply with clause 12.9a to the extent that you have previously requested deletion of Your Data.