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By installing and using the Datacom Data Centres Application (App), you agree to be bound by these terms and the Datacom Group privacy policy.

The App is only available to invited authorised users, including customers and suppliers of Datacom data centres. In the case of customers, these terms incorporate and are to be read in conjunction with the terms of your master services agreement; in the case of suppliers to Datacom data centres, these terms incorporate and are to be read in conjunction with the applicable supply terms.

We may occasionally update these terms and if we do, the App will inform you of updates. Your continued use of the App after any changes will mean that you have accepted the amended terms.

Subject to you complying with these terms, Datacom data centres gives you a limited, non-exclusive licence to use the App to access our services and your account information. This licence is personal to you and not transferable to others.

You are not permitted to:

(a) copy, modify, adapt, redistribute, reproduce, or create derivative works based on the App or do anything that is inconsistent with the intellectual property rights of Datacom data centres or its licensors;

(b) decompile, reverse engineer, or attempt to discover any source code, underlying user interface techniques, or algorithms of the App;

(c) use the App for any illegal or unauthorised purpose;

(d) transmit any worms, viruses, or any code of a harmful, destructive, or disabling nature to us or cause any such disabling code to be transmitted to us;

(e) use or access the App by any means other than through the interface provided by us; or

(f) make the App available over a network where it could be used by multiple devices at the same time.

Datacom data centres reserve the right at its sole discretion to suspend the operation of the App, remove or restrict your access to the App, or limit functionality available to you.

While we endeavour to supply accurate information through the App, errors and omissions may occur. Datacom data centres does not guarantee the content appearing on the App, its accuracy, operation, quality, functionality, completeness, timeliness, or suitability for any particular purpose. You are solely responsible for the actions you take in reliance on the content in the App.

The App is not intended as a critical notification or warning system and should not be solely relied upon in emergencies.

The App may contain links to third party websites or services that are not owned or controlled by Datacom data centres. Datacom data centres have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.

You are responsible for managing your access and updating passwords regularly. The App stores data that is entered and received on your device. You are responsible for ensuring your device security settings are adequate. Datacom data centres accept no liability for any information loss or any other occurrence resulting from a breach of device security. You must notify Datacom data centres if you suspect any breach of security, confidentiality, or integrity of data.

Except for Datacom’s gross negligence, Datacom accepts no liability under or in connection with the App, or its use or content, however it arises. Datacom is not liable for any indirect, consequential, or special loss or damage of any nature in connection with the App, whether arising in contract, tort (including negligence), or otherwise.

The App stores information you submit when you use the App either in New Zealand or Australia, in a combination of secure Datacom, Amazon Web Services (AWS), and other cloud-based platforms. If you delete the App, you may also ask us to delete your relevant information from our secure servers. Datacom manages your information in accordance with Datacom’s privacy policy.

If you have any questions about the App, please contact the Datacom data centres customer care team.

These terms are governed by New Zealand law.

Last updated: 1 September 2020