TERMS OF USE

These Terms of Use are important and govern your use of our production management software service that incorporates budgeting, scheduling, cashflow and staffing for your production project into one programme and service (‘Service’) which we make available to our customers at the website at www.kahasoftware.com (‘Website’).

The Service is owned by Pango Technologies Limited. By accessing and using the Service, or by buying our Starter Package or signing up for a Subscription Package, you agree to be bound by these Terms of Use. We reserve the right to change these Terms of Use at any time without notice and your continued use of the Service following any such change will be confirmation of your acceptance of the changes.

1. The Service:
We will, depending on the option you choose and agree to pay for when you sign up, make the Service available to you either as:
(a)Our Starter Package which in return for a one-off fee enables you to use the Service to establish budget, schedule and cashflow using the Service for up to 20 different projects (‘Starter Package’); or
(b)Our Subscription Package which in return for your payment of a monthly access fee, the Service will manage your project’s budget, schedule and cashflow with real time cost updates for an unlimited number of projects for so long as your subscription is active (‘Subscription Package’).
2. Your use of the Service:
You are granted a non-exclusive, non-assignable and non-transferable licence in accordance with these Terms of Use to use the Service as set out above and to use the reports generated by the Service using the data inputted by you and relating to your budget, schedule and cashflow for any lawful business purpose you require it for.
You will be required to create an account before you purchase either Service package (‘User Account’) and before you can access the Service. You must provide complete and accurate information when creating a User Account. It is your obligation to ensure that any such information is current and complete.
You must immediately notify us of unauthorised use of your User Account or where you lose your username or password which must be kept confidential so that we can reset your password and take the necessary steps to resecure your account.
You will decide who in your organization will have access to the Service and who may input the data/information into the Service it requires to function, however you will be responsible for ensuring that individual or individuals use the Service in accordance with these Terms of Use.
You must only use the Service and the Website for your own lawful internal business purposes, in accordance with these Terms of Use, any notice sent by us or further condition posted on the Website. You may use the Service or the Website to provide the Service or services to others however you must ensure that if you do that you are authorized to do so and that all such persons also agree to comply with and accept these Terms of Use that apply to you.
It is your responsibility to ensure that your use of the Service complies with these Terms of Use and to seek prior written permission from us for any uses not expressly permitted. We expressly prohibit the following:
impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
submitting data or information that contains a virus or corrupted data;
attempting to undermine the security or integrity of our computing systems and networks and those where the Service is hosted;
using any device, software or routine that interferes with or attempts to interfere with the proper functionality of the Service or the Website;
transmitting, or inputting into the Service, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use;
attempting to decipher, decompile, disassemble or reverse engineer the Service, the Website or any related software or content or for the purpose of creating derivative works of any of the foregoing;
using any so-called ‘spider’ or similar automated software or device to use or access the Service or the Website in any way; and
any unauthorised transmission or recirculation of the Service.
You will be free to use reports generated by the Service using the data inputted by you setting out your budget, schedule and cashflow for any lawful business purpose you require it for.
We reserve the right to co-operate with any legal order, or direction to disclose the identity or other information relating to anyone using the Service.
3. Payment:
For the Starter Package:
Payment for access to the Service for a Starter Package will unless otherwise agreed be made by credit card at the time you order the Service.
The one-off amount payable for Starter Package access will be set out on the Website from time to time.
We are under no obligation to provide you with access to the Starter Package until your credit card payment has been processed and accepted and we have received confirmation.
For the Subscription Package:
Payment for continuing and expanded access to the Service via a Subscription Package will also require payment of an access fee which will unless otherwise agreed be made by credit card at the time you order the Service using the Website.
A subsequent access subscription fee will be debited to your credit card on a monthly basis thereafter until 30 days after the date on which your subscription is terminated.
We are under no obligation to provide you with access to the Subscription Package until your credit card payment has been processed and accepted and we have received confirmation.
Our monthly access subscription fee will be as set out on the fee schedule on the Website. We may change this fee from time to time on notice to you.
It will be your responsibility to keep your contact details up to date and if you change your address or contact details you need to advise us immediately. We will have no further liability in relation to any misdirected communication if you do not advise us by this time.
We reserve the right to suspend or terminate your subscription access should any payment to your credit card not be accepted for any reason.
General Payment Obligations:
In order to make any credit card or online payment you must have the specific authority of the credit card or online payment account holder.
Credit card details and payment will be processed by a 3rd party engaged by us to provide this service.
You are responsible for payment of all taxes and duties in addition to the relevant access/subscription fee. All amounts are (unless stated otherwise) exclusive of GST which will be added to all New Zealand payments or where otherwise due and payable.
You may be charged an additional credit card transaction fee plus GST.
Failure to pay any access fee by the due date will be considered to be a material breach of these Terms of Use.
Payment Terms and Recovery of Bad Debts:
Any expenses, costs or disbursements incurred by us in recovering any outstanding monies (including but not limited to debt collection agency fees or actual legal fees) shall be recoverable from you. If you default on your payment to us, we will be entitled to recharge the outstanding amount to your credit card until that amount is redeemed.
Refund Policy:
Our policy is that once a Starter Package or a Subscription Package have been purchased that there will be no refunds and we have no duty to refund either your access fee payment or any of your subscription access fees to you.
4. Customer Service:
We will provide all customers with access to online tutorials to assist you in setting up and using the Service.
We will offer ongoing customer support service to assist further and/or to resolve any technical issues as follows:
Starter Package: support via email to the address nominated on the Website which will be responded to during our usual business hours.
Subscription Package: both support via email to the address nominated on the Website and by telephone to the number listed on the Website. This support will be available during our usual business hours.
5. Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls you are permitted to make to Customer Service. Any such limitations will be advised to you from time to time by email and will be posted on the Website.
6. Links:
No links from external websites to the Website are permitted without our prior written consent.
7. Intellectual Property:
We own all right, title and interest (including present and future copyright) to the Service the Website. You acknowledge that nothing in these Terms of Use however will grant you ownership of the Service (including intellectual property rights in it). All material including the Service, software, domain names, company or business names, logos, text, graphics, images, video, photographs, designs, illustrations, diagrams, buttons, icons, software, and all products and services described on the Website or in the Service, are owned exclusively by us, our related bodies corporate or others who have licensed their material to us (unless expressly indicated otherwise). You have no right to use this content or the Service other than as expressly set out in these Terms of Use and we reserve all rights to enforce such rights as we may have in this material.
You will retain title to and ownership of any data that you input into the Service and to any reports generated by the Service relating to that data. However your access to that data is contingent upon payment of any access fee when due. You grant us an irrevocable license in perpetuity to use, copy, transmit, store and back-up your data and information for the purpose of enabling you to use and access the Service and for any other purpose related to the provision of the Service to you.
You must back up your own data which you input into the Service. We cannot guarantee there will be no loss of such data. We expressly exclude liability for any loss of such data no matter how caused.
8. Privacy Policy:
Our Privacy Policy which sets out our respective obligations in relation to personal information is incorporated into and forms part of these Terms of Use. Click here to refer to the Privacy Policy.
9. Consumer Guarantees:
You warrant and represent that you are acquiring the right to access and use the Services 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 Services, the Website or these Terms of Use.
10. Disclaimer and limitation of liability:
To the fullest extent permitted by law, we hereby exclude all conditions and warranties (express and implied) of any kind. You acknowledge that it is your sole responsibility to ensure that the Services meet the needs of your business and are suitable for the purposes for which they are used. We therefore do not give any warranty about the Service, including but not limited to whether the functions contained in the Service or its outputs or your access to the Service or the Website will be uninterrupted or error-free correct, accurate, timely, complete, reliable or otherwise; that any defects will be corrected; or that the Service, the Website, or the server which stores and transmits content to you are free of viruses or any other harmful components.
You remain solely responsible for complying with all applicable laws in relation to your use of the Service.
Under no circumstances (including without limitation, any act or omission on our part) will we (or our affiliates) be liable for any indirect, incidental, special and/or consequential damages or loss whatsoever which results from any use of or access to, reliance on, or any inability to use or access, to the Service or the Website or for any loss of data.
Our liability for any breach of a term or condition of these Terms of Use, whether implied by law or otherwise is limited, at our option, to the supply of the Service (or part thereof) again or the payment for the cost of having the Service (or part thereof) supplied again.
11. Indemnity:
You agree to indemnify us and our officers, directors, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of Use.
12. Termination:
We may (in our sole discretion and without prior notice to you) either terminate or suspend at our option your licence to access the Service and any of its outputs and the Website, if you (a) breach these Terms of Use in any material way or (b) you/your business become insolvent, go into liquidation, have a receiver appointed over any of your assets, make any arrangements with your/your businesses creditors or become subject to any similar insolvency event.
You may terminate your subscription to the Software by sending us notice in writing containing the date when you wish to end your subscription and we will terminate your Subscription 30 days from receipt of that notification.
Termination of these Terms of Use is without prejudice to any rights or obligations of the parties accrued or owing up to and including the date of termination. On termination you will:
(a)Remain liable for any accrued charges or amounts becoming due before or after termination; and
(b)Immediately cease using the Services.
13. Notices:
Any notices required by these Terms to be in writing must be sent by email and will be deemed to have been given on transmission. Our notice for service will be support@kahasoftware.com or to any other address notified to you by email. Notices to you will be sent to the email address which you provided when setting up your User Account.
14. General:
You may not assign or transfer in whole or in part your rights to any person or entity without our prior written consent.
No failure to exercise and no delay in exercising, on the part of either of us, any right or remedy in respect of any provision of this Agreement shall operate as a waiver of that right or remedy and any single or partial exercise of any right or remedy shall not preclude any other or further exercise of that right or remedy.
This Agreement does not create any rights which are enforceable by any person who is not a party to it and no person who is not a party to this Agreement may enforce any of its terms or rely on any exclusion or limitation contained in it.
These Terms of Use (including the Privacy Policy) and any other notices given to you under these Terms of Use, form our entire agreement in relation to the Services. All other agreements relating to the Services whether written or otherwise between us are hereby brought to an end or superseded.
15. Applicable Law:
The Services and the Website are controlled from our offices in New Zealand. We make no representation that the Services or the Website are appropriate or available for use in other locations. Those who choose to access the Services or Website from locations outside New Zealand do so at their own initiative and are responsible for complying with local laws.
These Terms of Use will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand.