Terms and Conditions and Privacy Policy

TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of http://www.prenguin.com and app.prenguin.com (the “Site”). This Site is owned and operated by Constratum Ltd. This Site is a construction building element calculator.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property
All content published and made available on our Site is the property of Constratum Ltd and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site;
Act in any way that could be considered fraudulent; or
Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Contributions
Users may post the following information on our Site:

Photos;
Videos; and
design specifications, design drawings.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Accounts
When you create an account on our Site, you agree to the following:

You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Services
These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

Engineering design, inspections and certifications.

The services will be paid for in full upon the completion of the service.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.

Payments
We accept the following payment methods on our Site:

Bank transfer on invoice.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Consumer Protection Law
Where the Consumer Gurantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability
Constratum Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Constratum Ltd and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of New Zealand.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

______________________________________
matt@prenguin.com
PO Box 90392, Victoria Street West, Auckland 1010, New Zealand

You can also contact us through the feedback form available on our Site.

Effective Date: 14th day of June, 2022

Prenguin.com and app.prenguin.com Privacy Policy

Type of website: Construction web app
Effective date: 14th day of June, 2022

Prenguin.com and app.prenguin.com (the “Site”) is owned and operated by BVT Consulting Ltd. BVT Consulting Ltd can be contacted at:

matt@prenguin.com
________________________________________
PO Box 90392, Victoria Street West, Auckland 1010, New Zealand

Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our Site of the following:

The personal data we will collect;
Use of collected data;
Who has access to the data collected; and
The rights of Site users.

This Privacy Policy applies in addition to the terms and conditions of our Site.

Consent
By using our Site users agree that they consent to:

The conditions set out in this Privacy Policy; and
The collection, use, and retention of the data listed in this Privacy Policy.

Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.

If you choose not to provide us with the personal data listed below, or if we are unable to collect that data, we may not be able to provide you with certain services or information, or may not be able to carry out an activity you have requested.

Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:

Activities on the web application.

Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:

First and last name;
Email address; and
Industry specialisation.
Activities and data created in using the application.

This data may be collected using the following methods:

Creating an account; and
Using the application.

How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

The data we collect automatically is used for the following purposes:

To enable the function of the web app.

The data we collect when the user performs certain functions may be used for the following purposes:

To enable the web application function.

Who We Share Personal Data With
Employees
We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:

If the law requires it;
If it is required for any legal proceeding;
To prove or protect our legal rights; and
To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.

How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.

You will be notified if your data is kept for longer than this period.

How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee’s termination.

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

Children
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.

How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted or modified in any way, please contact our privacy officer here:

Matthew Bishop
matt@prenguin.com
________________________________________
PO Box 90392, Victoria Street West, Auckland 1010

Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the “Effective Date” at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer, Matthew Bishop, at:

matt@prenguin.com
________________________________________
PO Box 90392, Victoria Street West, Auckland 1010