Last updated: 20 April 2021
These terms and conditions (Terms) apply to Starboard and all related Services provided by Xerra.
If you are accessing the Services on behalf of an organisation of any type, you agree to these Terms on behalf of that organisation and warrant that you have the power to do so.
If you do not agree to these Terms, or do not have the authority to agree on behalf of your organisation, you must not access or use the Services.
To the maximum extent permitted by law:
This exclusion applies regardless of whether Xerra’s liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Xerra is not liable to you for any loss of profit, use, revenue, data (including Client Data), savings, business, and/or goodwill, or indirect, consequential or incidental loss or damage, arising under these terms or in connection with these Terms or your access and use of (or inability to access or use) the Services.
You agree to indemnify Xerra against any Loss arising from any actual or threatened claim by a third party arising out of or in connection with these Terms or your access and use of the (or inability to access or use) Services.
Where Xerra cannot at law exclude its liability, to the maximum extent permitted by law, Xerra’s total liability to you under or in connection with these Terms, or your access and use of (or inability to access or use) the Services, in any 12 month period is limited to the amount of Fees paid to Xerra.
Nothing in these Terms has the effect of contracting out of or excluding or limiting liability that cannot, at law, be excluded or limited.
In these Terms, the following terms have the following meanings:
Client Data means any data inputted into the Services by you or on your behalf.
Confidential Information means any information that is not public knowledge and that is obtained by one party in the course of, or in connection with, these Terms and the provision of the Services.
Default Interest means interest calculated on overdue amounts owed by you to Xerra from the due date to the date of payment (both inclusive) at an annual percentage rate equal to Xerra’s primary trading bank’s corporate overdraft reference rate (monthly charging cycle) as at the due date (or if Xerra’s primary trading bank does not at that time quote such a rate, then the rate which in the opinion of the bank is equivalent to that rate in respect of similar overdraft accommodation expressed as a percentage) plus 2% per annum.
Fees means the fees (plus GST if applicable) payable by you for the use of the Services, as provided to you, and as updated from time to time by Xerra.
Force Majeure means an event beyond Xerra’s reasonable control, including internet failure, hacking or other illegal third party interference, natural or manmade disaster, government action, sabotage, or failure of electrical supply.
GST means goods and services tax under the Goods and Services Tax Act 1985.
Intellectual Property Rights means all industrial and intellectual property rights including copyright and all worldwide rights conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, data and databases, confidential information, know-how and all other rights resulting from intellectual activity.
Intended Purpose means the purpose of each Service as described on the Website or otherwise notified to you in writing by Xerra from time to time.
Loss means any and all loss including (without limitation) loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
Objectionable includes being objectionable, defamatory, obscene, harassing, or unlawful in any way.
Personal Information means information about an identifiable individual.
Privacy Act means the Privacy Act 1993 until 1 December 2020 at which time it means the Privacy Act 2020.
Services means the services and functionality made available by Xerra from time to time and as may be described in further detail on the Website, as updated by Xerra from time to time.
Third Party Licenses means the following license terms:
ii. The applicable end user licence agreement supplied with purchased satellite imagery.
Underlying System means any network, system, software, IT solution, hardware, data or material that underlies or is used by Xerra to provide the Services, including any third-party solution, system network or hardware. To avoid doubt, Underlying Systems exclude any network, system, hardware or internet connection required by you to access or use the Services.
User Account means a registered login or account used to obtain access to the Services
Website means the internet site at the domain starboard.nz
Xerra means Xerra Earth Observation Institute Limited, NZBN: 9429046147660
you (or your) means (as the context requires) the individual or organisation who accesses the Services.