TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of 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.

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:

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

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

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:

1. 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:

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

This data may be collected using the following methods:

1. Creating an account; and
2. 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:

1. 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:

1. 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.

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.

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

SHORT FORM MODEL CONDITIONS OF ENGAGEMENT

(for engagement of Consultant to provide a Design Certificate on a Prenguin project)

 

Both Client (the Prenguin User ordering the design certificate) and Consultant (Prenguin Professional Partner assigned to the design certificate) agree to be bound by the provision of the Short Form Model Conditions of Engagement, including clauses 1, 4 and 5.

1. The Client and the Consultant agree that where all or any of, the Services are acquired for the purposes of a business the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those Services. However, nothing in this Agreement shall restrict, negate, modify or limit any of the Client’s rights under the Consumer Guarantees Act 1993 where the Services acquired are of a kind ordinarily acquired for personal, domestic or household use or consumption and the Client is not acquiring the Services for the purpose of a business.
2. In providing the Services, the Consultant must use the degree of skill, care and diligence reasonably expected of a professional consultant providing services similar to the Services.
3. The Consultant shall not, without the Client’s prior consent, use information provided by the Client for purposes unrelated to the Services.  In providing the information to the Consultant, the Client shall ensure compliance with the Copyright Act 1994 and shall identify any proprietary rights that any other person may have in any information provided.
4. Where the Consultant breaches this Agreement, the Consultant is liable to the Client for reasonably foreseeable claims, damages, liabilities, losses or expenses caused directly by the breach. The Consultant shall not be liable to the Client under this Agreement for the Client’s indirect, consequential or special loss, or loss of profit, however arising, whether under contract, in tort or otherwise.
5. The maximum aggregate amount payable, whether in contract, tort or otherwise, in relation to claims, damages, liabilities, losses or expenses, shall be five times the fee (exclusive of GST and disbursements) with a minimum of $100,000 and a maximum limit of $NZ500,000.  
6. Without limiting any defences a Party may have under the Limitation Act 2010, neither Party shall be considered liable for any loss or damage resulting from any occurrence unless a claim is formally made on a Party within 6 years from completion of the Services.
7. The Consultant shall take out and maintain for the duration of the Services a policy of Professional Indemnity insurance for the amount of liability under clause 12. The Consultant undertakes to use all reasonable endeavours to maintain a similar policy of insurance for six years after the completion of the Services.
8. If either Party is found liable to the other (whether in contract, tort or otherwise), and the claiming Party and/or a Third Party has contributed to the loss or damage, the liable Party shall only be liable to the proportional extent of its own contribution.
9. Intellectual property prepared or created by the Consultant in carrying out the Services, and provided to the Client as a deliverable, (“New Intellectual Property”) shall be jointly owned by the Client and the Consultant. The Client and Consultant hereby grant to the other an unrestricted royalty-free license in perpetuity to copy or use New Intellectual Property. The Clients’ rights in relation to this New Intellectual Property are conditional upon the Client having paid all amounts due and owing to the Consultant in accordance with clauses 7 and 8.  Intellectual property owned by a Party prior to the commencement of this Agreement (Pre-existing Intellectual Property) and intellectual property created by a Party independently of this Agreement remains the property of that Party. The Consultant accepts no liability for the use of New Intellectual Property or Pre-existing Intellectual Property other than to the extent reasonably required for the intended purposes. 
10. The Consultant has not and will not assume any duty imposed on the Client pursuant to the Health and Safety at Work Act 2015 (“the Act”) in connection with the Agreement.  
11. The Parties shall attempt in good faith to settle any dispute themselves but failing that by mediation.
12. This Agreement is governed by the New Zealand law, the New Zealand courts have jurisdiction in respect of this Agreement, and all amounts are payable in New Zealand dollars.