Terms & Conditions
Smart-Glazier App Terms and Conditions & EULA
By downloading or using the app, these Smart-Glazier terms and conditions will automatically apply to you – you should make sure that you read them carefully before using the app. These terms and conditions also apply to any Smart Glazier Software products and services you use in connection with the Smart-Glazier app, including Smart-EDI. If you have a Signed License with Smart Glazier Software and the terms of the Signed License conflict in any way with these Smart-Glazier terms and conditions then the Signed License takes precedence in resolving that conflict.
Our Privacy and Data Policy applies to all users of this app and any Smart Glazier Software products and services. Please ensure you have read and understood the Privacy and Data Policy.
You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Smart Glazier Software NZ Limited (referred to here as Smart Glazier Software).
Smart Glazier Software accepts no liability for failure to follow these terms and conditions. Smart Glazier Software is not liable to any user for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the use of Smart-Glazier or arising directly or indirectly from any act, omission, error, default or delay by Smart Glazier Software or its employees or agents; or any act, omission, error, default or delay in respect of the provision, installation, servicing, use or termination of Smart-Glazier; or any failure of or Bug in Smart-Glazier; or the interception of any communication while using Smart-Glazier.
Smart-Builder excludes liability for any indirect or consequential loss or damage which may arise in respect of Smart-Glazier, its use, or in respect of any other equipment or property, or for loss (whether direct or indirect) of profit, business, revenue, goodwill or anticipated savings.
Users of Smart-Glazier acknowledge that the app is intended to assist with recording and sending measures. The user accepts full responsibility for ensuring independent procedures for checking all information recorded in Smart-Glazier in relation to the accuracy and appropriateness for the intended environment and use, and their compliance with all relevant government regulations.
Each limitation or exclusion in these terms and conditions and each protection given to Smart Glazier Software by any provision of this clause is to be interpreted as a separate limitation or exclusion applying and surviving even if for any reason any of the provisions is held inapplicable in any circumstances.
The user acknowledges that all Intellectual Property Rights, and title and interest in Intellectual Property Rights, in Smart-Glazier are and remain the sole property of Smart Glazier Softwarer. The user agrees that it will not during or at any time after the expiry or termination of this agreement in any way question, challenge or dispute the ownership by Smart Glazier Software of any such rights or assist any third person to do so and will not do anything to adversely affect any such rights.
The user agrees that all Intellectual Property Rights in any Enhancements of Smart-Glazier at the suggestion of the user are the sole property of Smart Glazier Software.
If the user becomes aware of any infringement of these terms and conditions, the user agrees to report such infringement immediately to Smart Glazier Software together with all relevant information in the user’s possession.
Smart Glazier Software is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason.
The Smart-Glazier app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Smart-Glazier app won’t work properly or at all.
You should be aware that there are certain things that Smart Glazier Software will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Smart Glazier Software cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Smart Glazier Software cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Smart Glazier Software cannot accept responsibility.
With respect to Smart Glazier Software’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Smart Glazier Software accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
It is important that you update to the latest version of the app when these are released. It is a condition of usage of Smart-Glazier that you check for new versions and update when they become available. Newer versions will include new functionality, bug fixes and improvements. They also include necessary changes for interacting with Android / iOS, other software and for regulatory compliance purposes.
Any changes made to these terms and conditions apply, even if you have not updated to the latest version of Smart-Glazier.
The accuracy of the information collected by the app relies on the user being accurate with the data they are collecting and entering. It is important that all measurement information and designs are carefully checked and approved. Smart Glazier Software does not accept any responsibility for the accuracy of the measurement information.
The app has been carefully designed by a team of experts familiar with the industry and experienced with building software specifically for the glazier and glass industry, but all jobs are different and many businesses have their own unique processes. Not everyone measures and manages their jobs in the same way, and it is your responsibility to ensure the information you generate using the app, and any work completed using that information is accurate and approved. Before manufacturing any material using this information, you need to ensure that this is accurate and meets the requirements of your particular job.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Smart Glazier Software does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device.
You promise to always accept updates to the application when offered to you. We may also wish to stop providing the app and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to the Terms and Conditions
We may update our Terms and Conditions from time to time. We advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
Last Updated
These Terms and Conditions were most recently updated on the 12th November 2021.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@smartglazier.com.
Contact Information
Owner and Data Controller
Smart Glazier Software NZ Limited
Level 1, 104 Rosedale Road
Albany
Auckland 0632
New Zealand