These Terms set out the terms and conditions for your use of the Preno Services offered by Preno Limited or its related companies (“we” or “Preno”). The person or organisation entering into these Terms as a user of the Preno Services, together with all individual users accessing the Preno Services on that person’s behalf (together, “you” or “Users”) accept and agree to be bound by these Terms. Preno grants you a limited, non-exclusive, non-transferable, revocable licence to use the Preno Services (subject to your account type) in accordance with these Terms.
In these Terms, “Preno Services” means Preno’s property management product and services, and any features, technologies or functionality provided by the product or services, offered by us from time to time.
If you do not agree to any of these Terms, then you should not use the Preno Services. All rights not expressly granted to Users in these Terms are reserved by Preno.
We may change these Terms from time to time, and will endeavour to notify you of such changes via email or by displaying a message when you next use the Preno Services. If you continue to use the Preno Services, your use will be governed by the updated Terms.
From time to time, we may add, make changes to or remove altogether features or functionality of the Preno Services. We may also decide to cease providing all or some of the Preno Services at any time, and nothing in these Terms is to be taken as a guarantee that the Preno Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Preno Services, or any version of them.
3. Account information
You must be 18 years or older in order to access and use the Preno Services. You agree to provide true, accurate, current and complete account information, and to maintain and promptly update us with information in order to ensure that it remains true, accurate, current and complete.
If we don’t insist that you perform any of your obligations under these Terms, or if we do not immediately enforce our rights against you, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
The Preno Services are provided for use in business, so you are not a consumer. To the maximum extent permitted by law, any statutory or other consumer protection provisions (including in the Consumer Guarantees Act 1993 and in the Fair Trading Act 1986) do not apply to the Preno Services, these Terms or our relationship with you.
Each clause in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
You are not permitted to assign, sub-licence, novate or transfer these Terms or any of the rights licensed under them.
These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
5. Intellectual property
You agree that Preno owns all of the intellectual property rights (whether registered or unregistered) existing in the Preno Services and all right and title to any actual or possible development or improvement in the Preno Services. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use Preno’s brand, branding or logos except with Preno’s prior written consent.
You grant Preno a royalty-free, irrevocable, perpetual licence to use (including for commercial purposes) information and/or data collected by Preno through your use of the Preno Services, provided that we aggregate or anonymise that information or data before using it. Other than this right, Preno claims no intellectual property rights in relation to the information or content you input into the Preno Services.
You may provide us with comments, feedback or suggestions on Preno Services, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.
6. Reasonable use policy
You agree to use the Preno Services in a reasonable way (including, to avoid doubt, if you have subscribed for an ‘unlimited’ account). If we determine that your use of the Preno Services is not reasonable or that your use is causing degraded performance of the Preno Services for you or for other Users, we may impose limits on your use of the Preno Services. Where possible, we will endeavour to give you at least 48 hours prior notice and request that your usage is reduced before imposing any limits.
Limits on your use of the Preno Services may include (but are not limited to) the quantities and volumes of the following parameters, per property: (a) storage required to host and backup property data; (b) sales transactions per calendar month; (c) API (application programming interface) calls per five (5) minute period; (d) page views per five (5) minute period; (e) bandwidth usage per twenty four (24) hour period; (f) support tickets opened per calendar month; or (g) outlets, registers, users, products and customers.
7. No malicious or illegal use
You must not: (a) use the Preno Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Preno Services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Preno Services; (d) use the Preno Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Preno Services or our systems or attempt to decipher any transmissions to or from the servers running any Preno Services; (f) disclose or distribute information relating to another User of the Preno Services to any third party, or use any other User’s information for any marketing purposes unless you have that User’s express permission to do so; or (g) access or register User logins via bots or other automated methods.
8. Our liability is limited
To the maximum extent permitted by law, Preno shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if Preno has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Preno Services (in whole or in part), including the use of any automated pricing or other functions provided by or utilised within the Preno Services or any technical malfunctions of the Preno Services; (b) the cost of procurement of substitute goods and services; (c) unauthorised access to, or alteration of, your communications or data; (d) statements or conduct of any third party regarding the Preno Services; or (e) any other matter relating to the Preno Services.
In any case, Preno’s maximum aggregate liability under or in connection with these Terms or your use of the Preno Services is limited to the amount of Fees paid by you in the past 12 months.
You are responsible for all activity that results from use of the Preno Services through your account. You are responsible for maintaining the security of your account and password. Preno will not be liable for any loss or damage that may result from any failure to keep usernames and passwords secure.
You indemnify Preno against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Preno may incur or suffer as a direct or indirect result of the use of the Preno Services through your account or as a result of your failure to comply with these Terms.
9. Preno Services are provided ‘as is’
Preno will maintain compliance with the current Payment Card Industry Data Security Standard (PCI DSS) as published by the PCI Security Standards Council. Preno makes no other representations or warranties regarding security.
We do not warrant that: (a) the Preno Services will meet your specific requirements; (b) the Preno Services will be uninterrupted, timely, secure, virus-free or error-free; (c) the Preno Services will be accurate, complete or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Preno Services will meet your expectations; or (e) any errors in the Preno Services will be corrected.
You acknowledge that you have not relied on any representations made by Preno or Preno’s skill or judgement as to the suitability or otherwise of the Preno Services for any purpose.
You acknowledge that Preno may use third party suppliers to provide software, networking, connectivity, storage and other technology in order to provide the Preno Services. The acts and omissions of those third party suppliers may be outside of Preno’s control, and Preno does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier. On behalf of itself and such third party suppliers, Preno excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.
10. Fees and taxes
The fees charged for use of the Preno Services are set out on the Website (“Pricing”) and are subject to change. We will endeavour to notify you (by email or by displaying a message when you next use the Preno Services) at least 30 days before increasing the Fees. Fees are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month or year’s subscription for the Preno Services. Unless required by law, we will not provide refunds in connection with the Preno Services.
If you are carrying out a free trial of the Preno Services (as offered on the Website or the Apps), the free trial will begin on the day that your account is opened and end 7 days later. You will be billed following this free trial unless contact has been made with us, to cancel the account.
All Fees are exclusive of all taxes, and you indemnify and hold Preno harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
You may upgrade or downgrade your account (for example, if you increase the number of rooms/units on the account) at any time by making contact with our customer support team. The upgrade or downgrade will become effective immediately after the changes to the account have been made. If you downgrade your account, no refunds will be paid in respect of any unused portion of any higher account offering. If you upgrade your account, the balance already paid for the rest of the term will be credited to your account. We will then charge you for any net amount due as a result of the upgrade and your account renewal date will be reset to the next available billing day.
Downgrading your account may cause the loss of content, or features of capacity of your account. If you choose to downgrade your account, Preno does not accept any liability for the resulting loss of data, content, features or capacity.
12. Cancellation of accounts
We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the Preno Services.
You are entitled to cancel your account with Preno at any time. This can be done by contacting our team directly. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise).
If your account is cancelled: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems immediately. Your content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed up or replicated before cancellation.