Please read these Terms and Conditions ("Terms") carefully before using our Software-as-a-Service (SaaS) product ("Wiser") provided by JKNG Limited ("Company," "we," "us," or "our"). By accessing or using our Product, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Product.
1.1 "Product" refers to the SaaS application provided by the Company.
1.2 "User" refers to any individual or entity that accesses or uses the Product.
2. Use of the Product
2.1 Eligibility: By using our Product, you represent and warrant that you are at least 18 years old and have the legal authority to enter into these Terms. If you are using the Product on behalf of an organization, you represent and warrant that you have the necessary authority to bind the organization to these Terms.
2.2 License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Product for your internal business purposes during the term of these Terms.
2.3 User Accounts: In order to access the Product, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected breach of security.
3. Intellectual Property Rights
3.1 Ownership: The Product and all associated intellectual property rights are owned by the Company. These Terms do not grant you any right, title, or interest in or to the Product, except for the limited license rights expressly stated herein.
3.2 User Data: As between you and the Company, you retain ownership of any data or content you submit or provide through the Product ("User Data"). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your User Data solely for the purpose of providing and improving the Product.
4. Fees and Payment
4.1 Pricing: The pricing for the Product is specified on our website or as otherwise communicated to you. We reserve the right to modify the pricing at any time upon notice to you.
4.2 Payment: You agree to pay all fees specified for the Product in accordance with the terms and conditions set forth in our payment process. Failure to make timely payments may result in suspension or termination of your access to the Product.
5.1 Confidential Information: During the course of using the Product, you may have access to confidential or proprietary information of the Company ("Confidential Information"). You agree to keep the Confidential Information confidential and not disclose or use it for any purpose other than as expressly authorized by these Terms.
6. Limitation of Liability
6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS.
7.1 Termination by You: You may terminate these Terms by ceasing to use the Product and deleting your user account.
7.2 Termination by Company: We may suspend or terminate your access to the Product immediately, without prior notice or liability, for any reason or no reason, including but not limited to your breach of these Terms.
8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of laws principles.
8.2 Dispute Resolution: Any disputes arising out of or relating to these Terms or the Product shall be resolved through good faith negotiations between the parties. If the parties are unable to reach a resolution, the dispute shall be submitted to binding arbitration in accordance with the rules of [Arbitration Association]. The arbitration shall take place in [Jurisdiction], and the arbitrator's decision shall be final and binding on the parties.
8.3 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
8.4 Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the use of the Product and supersede any prior agreements or understandings, whether written or oral.
8.5 Modifications: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Product after the posting of any modifications constitutes acceptance of those changes.
8.6 Waiver: The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
8.7 Assignment: You may not assign or transfer these Terms, in whole or in part, without the prior written consent of the Company. The Company may freely assign or transfer these Terms without restriction.
By using our Product, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not use the Product.