Perpetual Guardian Client Portal Terms of Service

Thanks for using Perpetual Guardian's Client Portal (“portal”). These terms of service ("Terms") cover the use by any external party (“User” used both in the singular or plural)  and access to the services and website ("Services") provided by Perpetual Guardian (“we”). Our Privacy Policy explains how we collect and use your information while our Acceptable Use outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, and to review our Privacy Policy and Acceptable Use policies. If you're using our Services for an organisation, you're agreeing to these Terms on behalf of that organisation.

The Terms are set out below and constitute legally binding terms and conditions for Users of the Services, including Perpetual Guardian’s websites, software applications, content and any other features made available from time to time.

By using the portal the User agrees to be bound by this Agreement. If the User does not accept this Agreement, the User is not authorised to use the Perpetual Guardian portal and should leave and discontinue use of the Services.

We may amend or change these terms and conditions at any time. Notice will be given on the portal of any changes and the date they come to effect. By continuing to use the website after the date of notice, you indicate your acceptance of the changes and revoke any liability on Perpetual Guardian that may arise from such changes.

Your Details, Documents & Your Permissions

When you use our Services, you provide us with digital files such as content, documents, email messages and so on (“Your Details and Documents”). Your Details and Documents are yours. These Terms don't give us any rights to Your Details and Documents except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Details and Documents, backing it up, and sharing it when you ask us to. Our Services also provide you with features like listing, previewing, uploading, deleting and sharing important personal documents prepared for you by Perpetual Guardian. These and other features may require our systems to access, store and scan Your Details and Documents. You give us permission to take such actions, and this permission extends to any trusted third parties we work with.

Your Responsibilities

You're responsible for your conduct, Your Details and Documents, and you must comply with our Acceptable Use Policy (defined below). Content in the portal may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content and documents people load and share within the portal.

Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.

Finally, our Services are not intended for and may not be used by people under the age of 18. By using our Services, you are confirming to us that you're over 18.

Perpetual Guardian Documents

The Services are protected by copyright, trademark, and other New Zealand and foreign laws. These Terms don't grant you any right, title or interest in the Services, or other parties’ content in the portal, Perpetual Guardian’s trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Complaints Process. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Our contact details for notice of alleged copyright infringement on the Services are:

Accounts

Subscription Renewal. We will inform you when your subscription is due for renewal – should you wish to cancel your renewal, you may do so by emailing us at myDigitalvault@pgtrust.co.nz.

No Refunds. You may cancel your account at any time but you won't be issued a refund.

MyDigital Vault Account (“Vault”). Your Vault account will remain in effect until it's cancelled or terminated under these Terms. You will receive an emailed reminder 30 days after payment was due. You will then be provided a further consecutive 30 day grace period to remove your content. If you don't pay on time, we reserve the right to suspend the use of the Services at which point you no longer will have access to your account.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. We will bill you on the assumption that you accept the new fee unless you have notified us via email in advance within 30 days of the new fee cycle.

Termination

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for paid accounts, we reserve the right to terminate and close your account if you haven't accessed our Services for 12 consecutive months. We'll provide you with notice via the email address associated with your account before we do so.

Services "AS IS"

We strive to provide great services, but there are certain things that we can't guarantee. To the fullest extent permitted by law, Perpetual Guardian and its affiliates, suppliers and distributors make no guarantees, warranties, either express or implied, about the Services. The Services are provided "as is." We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement of the Services.

Limitation of Liability

To the fullest extent permitted by law, in no event will Perpetual Guardian, its affiliates, suppliers or distributors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, or theft of personal information, business data, or profits, regardless of legal theory, whether or not Perpetual Guardian has been warned of the possibility of such damages, (b) aggregate liability for all claims relating to the Services more than the amounts paid by you for access to the Services during the past 12 months.

Governing Law

These Terms and the provision of the Services will be governed by New Zealand law except for its conflicts of laws principles and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of these Terms and the Services on the portal.

Entire Agreement

These Terms constitute the entire agreement between you and Perpetual Guardian with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Indemnification

As a condition of your use of the portal, you agree to indemnify, defend, and hold harmless Perpetual Guardian, its directors, employees, shareholders, agents, attorneys, affiliates, suppliers, successors, and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost, and expense, including reasonable attorney’s fees and costs, arising out of or resulting from (a) any violation of you by these Terms of Services; (b) the content of any information you (or anyone using your account) submit, post, or transmit on or through the portal; (c) your (or anyone using your account’s) use of the portal, or (d) any negligent acts, errors, or omissions of you, your agents, or contractors.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our portal. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, and posting on our portal or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Acceptable Use

Perpetual Guardian’s Portal and specifically the vault is used by our clients to safely store important documents, and we're proud of the trust placed in us. In exchange, we trust you to use our services responsibly.

You agree not to misuse the Services including in particular the Vault services. For example, you must not attempt to do the following:

  • probe, scan, or test the vulnerability of any system or network connected to this portal;
  • breach or otherwise circumvent any security or authentication measures without proper authorisation;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
  • interfere with or disrupt servers or networks used to provide the Services or used by other users' to access the Services, or violate any third party regulations, policies or procedures of such servers or networks, or harass or interfere with another user's full use and enjoyment of the Services
  • access or attempt to access the Vault’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • abuse the Services in a manner that circumvents their storage space limits;
  • use the service to violate the law in any way, share passwords or other access information or devices to access the Service;
  • engage in any conduct prohibited by New Zealand law; and
  • store material of any sort which violates the laws of New Zealand in any way. Perpetual Guardian reserves the right to temporarily suspend User access where the stored material is believed to be in breach of New Zealand law.