The Consilium Portal website (the “Portal”) is an online collaboration space, available 24/7, designed to assist you in meeting the business challenges you face by connecting you with the knowledge and expertise of the Consilium professionals, and to assist them in serving you better.
Prior to your use (or continued use) of this Portal, you must agree to these Terms and these Terms shall be a legally binding agreement between you and Consilium.
By using this Portal, you are agreeing to these Terms. If you do not agree to these Terms, then you are not allowed to use this Portal and should immediately terminate such usage.
The Portal may redirect you to various separate websites and applications. These Terms apply solely to the content on the Portal, and not to each individual web site or application it redirects to. Consilium does not bear any responsibility whatsoever for the content, accuracy or security of any websites or applications that are linked (by way of hyperlink or otherwise) to the Portal.
You are wholly responsible for your use of the Portal, and for the user names and passwords allocated (if relevant). You shall make use of the Portal only with your own individually allocated user name and password or the user name and password granting access to the Portal. Consilium and any third parties involved with Consilium shall not be responsible, or be held responsible, for your use of the Portal, or for the use of the user names and passwords allocated (when relevant). You shall in no way violate third party intellectual property rights, and shall in no way interfere with or commercially exploit the system of which the Portal forms a part, except as specifically permitted herein.
Consilium and any third parties engaged by Consilium for the purposes of the Portal retain the usage and ownership rights to the Portal and the related technology. You access this Portal using Microsoft Dynamics, Azure AAD and SharePoint technology and by using this Portal, you agree to be bound by the license terms, set out here, as they may be amended from time to time.
You will maintain the confidentiality of the content and technology of this Portal using at least the same degree of care as you use in maintaining your own proprietary and/or confidential information, but in no event using less than a reasonable degree of care.
You will ensure that any and all copies of this Portal content (printed or electronic) retain and/or reflect any copyright, confidentiality, or other legal notice that appears on or with such material when accessed on this Portal. You will not copy, download, reproduce, modify or distribute this Portal technology in whole or in part, except as expressly permitted by Consilium elsewhere in writing outside of these Terms.
You may not engage in any of the following relating to the Portal and/or its contents, nor may you authorise other parties to do so:
(a) make use of the service for any purpose other than that for which access has been provided by Consilium (including using the Portal in any way that is illegal or in breach of these Terms),
(b) copy or distribute the Portal or any of its contents,
(c) amend or create an extract of the Portal,
(d) deduce, change or edit any source code relating to the Portal,
(e) distribute, exploit, transfer or sub-license the Portal or any rights related to it,
(f) introduce into the Portal any malware, viruses, worms, spyware or trojan horses, or
(g) attempt to access the accounts of any user of the Portal other than your own account.
The Client User and the Client remain at all times responsible for the accuracy and completeness of the data contributed to the Portal and for the timely submission thereof.
If you save information from the Portal on to a computer, server or other storage medium, you are responsible and accountable for the security, storage and availability of this information.
Availability of the Portal
If, for whatever reason, the Portal is unavailable for more than one day, you should contact your Consilium contact person by telephone or email and inform them.
Consilium is responsible for using reasonable endeavours to maintain the technical and organisational environment necessary for the Portal and taking reasonable steps to ensure that the information therein is secure and accessible only to authorised persons.
Consilium does not guarantee the availability of the Portal. Consilium reserves the right, at its own discretion, to withdraw the Portal, either from you or in general, including, but not limited to, such instance as virus attacks, internet security breaches, problems caused by Client User connection issues or in other situations where uninterrupted use of the Portal is or may be threatened. Where possible, Consilium shall notify you in advance. If you become aware that security may be threatened, you shall notify Consilium immediately by telephone or in writing (including by email).
Consilium shall use reasonable endeavours to notify you in advance of any planned maintenance of the Portal.
Access to the Portal
To access the Portal, you must receive a user name and a password from Consilium. You must treat the user name and password confidentially, and they are not transferable. You must ensure you log out of the Portal when you have finished visiting the Portal, especially if you access the Portal from a shared computer.
You are responsible for the proper usage and security of your hardware and software and of the user certificates giving access to the Portal. You are prohibited from allowing unauthorised parties access to the Portal. You are required to use reliable and appropriate antivirus software before and during use of the Portal. Furthermore, you may not use the Portal in non-secure environments (such as internet cafés).
f you know or suspect that third parties are, or may become, privy to information concerning the user name or password or that these have been lost, stolen or are missing, you must notify Consilium immediately.
If necessary for the proper running of the Portal, your password may be reset from time to time.
If Consilium grants you access to the Portal, you obtain a limited, revocable, non-exclusive and non-transferable right to use the Portal.
Consilium has the right to terminate or defer for an indefinite period of time, at any time, with immediate effect and without having to give prior notice, your access to and hence your right to use all or parts of the Portal, for any purpose, including for maintenance, adjustments or improvements or in connection with events of threat to the security of the Portal.
Upon termination of the right to use the Portal, and upon request from the Client, Consilium will return the information and data available to the Client on this Portal as soon as reasonably practicable, except if and insofar as the information and data does not specifically apply to the Client or the Client User.
Upon termination of the right to use the Portal, Consilium will destroy the Client’s information and data that it holds, except if its return is requested by the Client, or Consilium needs the information and data to perform the Engagement or to comply with its statutory or professional safekeeping duties or other duties.
Termination of the right to use the Portal does not affect the rights and liabilities of any party that have accrued beforehand.
Liability and indemnification
Although we take commercially reasonable steps to make this Portal useful and secure, this Portal (including all Portal technology, Portal content and other content) is provided as is, without warranty of any kind. Without limiting the foregoing, we do not warrant that this Portal will be secure, error-free, free from viruses or malicious code, or will meet any particular criteria of performance or quality, and we expressly disclaim all implied warranties, including warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. In particular, if you are acquiring access to this Portal in trade, the guarantees implied by the Consumer Guarantees Act 1993 are expressly excluded and you and the Client each agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986 to the extent necessary to permit the inclusion of this provision.
Consilium is only responsible for damage or costs incurred due to its wilful default or fraud.
Your use of this Portal is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including with respect to loss of service or data. We will not be liable for any damage or costs (including for any loss of profits, revenue, business or goodwill, costs of procuring substitute services, business interruption, indirect, incidental, special or consequential loss, even if such loss was reasonably foreseeable) incurred by you or by third parties as a result of your use of, or access to, the Portal, regardless of the reason for such damage or costs, which may include without limitation damage due to: (i) inaccurate or incomplete information; (ii) malfunctions, errors, delays or any other deficiencies of the Portal and/or Consilium’s means of communication, such as not being able to send, receive, store or change information; (iii) viruses, spyware and other harmful software; (iv) temporary or prolonged denial of access to or shutdown of the Portal for the purposes of maintenance, adjustments or improvements; (v) the alteration, extension or (partial) deletion of the Portal; (vi) any acts or omissions by you or other authorised users in breach of the obligations arising from or in connection with the Portal; or (vii) loss of electricity if you are logged in on the system.
Consilium is not responsible or liable for the existence of an operational point-to-point connection between the systems and software owned or used by you and the Portal or the platform on which the Portal runs.
If you use the single sign on functionality to connect to software applications owned by or licensed (paid or free licence) to the you, Consilium is in no way responsible and/or liable for the content and/or use of the software, software packages or data in question.
Consilium will use reasonable endeavour to repair malfunctions reported to Consilium by you except if the cause of the malfunction is attributable to you or to the system and/or software used by you. If you in breach of the obligations arising from or in connection with the Terms, or the use of, or access to the Portal, you will be liable for all the resulting damage and costs incurred by Consilium or third parties.
You indemnify Consilium against any and all third party claims arising from or in connection with the Portal, including but not limited to third party claims arising from non-fulfilment by you of any of the obligations applicable to you.
If any of the above limitations of liability is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law to effect its intent as nearly as possible and the remaining terms shall remain in full force and effect, and (ii) in every other jurisdiction all of these terms shall remain in full force and effect.
Consilium or the third party from which Consilium has obtained permits/licences will at all times remain the owner of all the intellectual and other property rights regarding this Portal.
You may not publish information relating to the Portal or operate or otherwise use the Portal with the aid of third parties or on its own in a manner (including but not limited to storing or reproducing all or part of the Portal on another internet page or inserting links, hyperlinks or deep links between the Portal and any other internet page) for which no prior written permission has been obtained from Consilium.
Consilium is not obliged to meet any obligation it is unable to meet due to force majeure. Force majeure is understood to include any situation which Consilium does not have full control over, including shortcomings by third parties engaged by Consilium as well as disruptions to or failures in the electricity supply and/or telecommunications systems.
You may link to this Portal provided that such link does not involve unauthorized use of the Portal, or of our logos; any false claims (actual or implied) of endorsement by, or other relationship with Consilium; or any other infringement of our trademarks, copyright and/or other intellectual property rights.
This Portal contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the Portal. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms. You may not, except with our express written permission, distribute or commercially exploit the content, nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Data extracts from Consilium’s computer and other systems will provide sufficient evidence of any and all use of the Portal and any and all instructions, guidelines and other communications between Consilium and you. Evidence to the contrary may be submitted only in the event of clear errors in the data extracts from Consilium’s computer and other systems. The use of login data for the Portal provides sufficient proof of the identity of the authorised user.
These Terms shall be governed by and construed in accordance with the laws of New Zealand.
Should any dispute arise between us, the parties will attempt to resolve it by senior level negotiations (this may include mediation using the services of an agreed mediator). If the dispute is not resolved through negotiation or mediation the courts of New Zealand shall have exclusive jurisdiction to resolve any disputes arising out of these Terms.
Each of the provisions of these Terms is severable.
You may not without Consilium’s prior written consent, assign, transfer or otherwise deal in any way with (or attempt to do any such thing) the benefit of, or any of your rights or obligations under or interest in these Terms.
Provisions which are, by their nature, intended to survive termination of these Terms continue in effect after termination of these Terms.
No right, power, or remedy provided by law or under these Terms will be waived, impaired or precluded by any delay or omission to exercise it.
For any further information or questions regarding these Terms, please send us an email at email@example.com