You acknowledge that:
You should not rely solely on NextHub when making decisions in relation to your investments and other financial matters, and you should always directly access your underlying GL Platforms and Integrated Apps (as applicable) before making any such decisions; and
we may also terminate the Beta Period at any time when the testing of NextHub is complete and the platform is rolled out into a production environment.
You agree that your access to NextHub and any content derived from NextHub does not constitute financial, accounting, tax, legal or other professional services, and should not be used as a substitute for consultation with professional advisers.
Your Invited Users
As part of your use of NextHub, you may permit your employees, representatives and any person using it in your behalf (“Invited Users”) to use NextHub, provided that you acknowledge that we may refuse to invite any person to use NextHub for any reason in our sole and absolute discretion.
You will be liable for the acts and omissions of your Invited Users as if they were your acts or omissions.
Each of you and your Invited Users will be required to register an individual email address and password (or other log in details) for use as a single sign-on to access and use NextHub. You must keep your log in details secure and confidential, and not disclose or allow anybody else to use those log in details. We may assume that any person accessing or using NextHub using those log in details is you.
You must notify us immediately if you become aware of, or have reason to suspect that there has been, any unauthorised access to or use of NextHub using your log in details.
We may suspend access to NextHub where we reasonably believe there has been any unauthorised access to or use of NextHub through your log in details. Where we do so, we will notify you within a reasonable time of the suspension occurring, and the parties will work together to resolve the matter.
Your use of NextHub
We (or our licensors) retain all right, title, and interest in and to NextHub, and nothing you do on or in relation to NextHub will transfer any intellectual property rights to you or, except for the licence referred to above, licence you to exercise any intellectual property rights unless expressly stated.
You must promptly notify us via Contact Us of all error messages, anomalies, defects, glitches and other issues affecting NextHub, by taking a screenshot and forwarding it to us. We will endeavour to respond to any queries within 1 business day.
We may request you to participate in testing of NextHub during the Beta Period. If you agree to participate, you must do so at your own costs unless such testing requires you to incur material additional costs, in which case we may agree to pay such costs.
In using NextHub, you must not: copy, decompile or reverse engineer NextHub; provide us with inaccurate or incomplete information; violate any applicable laws or use NextHub for any purpose that is unlawful; distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; collect or store data about other users of NextHub; or engage in any other conduct that inhibits any other person from using or enjoying NextHub.
We are subject to certain professional and governmental regulatory requirements, including with respect to independence of our audit clients and associated entities or persons. You agree to promptly inform us if any of your responses to the independence questions you provided prior to participating in the Beta Period are no longer true or accurate. We may need to ask follow-up questions and you agree to provide responses accurately and promptly.
If we determine that our independence obligations mean that we cannot provide you with access to NextHub we will, at our sole option, and with immediate effect and by notice to you, terminate your access to NextHub.
You agree that you have sole responsibility for the protection of the information that you or any other person input into the software (including any personal information) during the Beta Period and that in no event shall we or our beneficiaries be liable for any loss of any kind (including loss or corruption of your data) arising from any act or omission.
You acknowledge that the GL Platform or Integrated Apps that you may licence and access through NextHub are not provided by us and you will be responsible for paying any fees charged by the relevant GL Platform or Integrated Apps provider in relation to a GL Platform or Integrated App that you use through NextHub. We are not liable or responsible for your use of such GL Platforms and Integrated Apps and any information provided as part of NextHub which is derived from them or exported into NextHub.
Our rights and obligations
To assist in ensuring that you have a positive experience of NextHub during the Beta Period, we will endeavour to provide you with reasonable assistance to familiarise your users with NextHub, and we may regularly schedule short check-ins with you, and any additional meetings where it becomes apparent during such check-in meeting that you reasonably require additional support or assistance.
Any feedback you provide to us in connection with NextHub (including your participation in any workshop, provision of written suggestions and ideas for improvement, completion of evaluation forms or surveys provided to you) will be owned by us. You agree that we will be free to use and exploit any such feedback, and that no payment, royalty or other consideration whatsoever will be payable by us in connection with our use of such feedback.
As NextHub is merely a platform for integrating your GL Platforms and Integrated Apps, any information provided to us by you or on your behalf (including personal information and your confidential information) (“Your Information”) in connection with your access and use of NextHub will be taken to be disclosed directly to those third parties as well as to us. We may also use contractors and suppliers, including other PwC firms, in New Zealand or overseas to provide us with services we use in providing NextHub, any associated services and in relation to our internal functions. Other PwC firms may be involved in our client relationship management and other admin systems and in quality reviews You consent to Your Information being disclosed to those third parties, contractors and suppliers (including other PwC firms), and you acknowledge that you have obtained all necessary consents from any person to whom Your Information relates.
You acknowledge that we may apply data analytics or other benchmarking tools to any data you input into NextHub and/or in connection with your usage of NextHub, provided that our disclosure or presentation of such data to any third party will be anonymised such that it could not identified as being generated by you.
You acknowledge that we are under no obligation to provide a production version of NextHub, to you (simply because you participated in the beta phase) or any other person.
NextHub is being provided to you during the Beta Period free of charge for demonstration purposes only. NextHub is provided and made available to you on an ‘as is’ and ‘as available’ basis.
We may use third party providers of cloud-based data hosting, to host the software. You acknowledge that any information that you or any other person input into the software (including any personal information) will therefore be transferred to the hosting provider (who may in turn provide the information to other parties) (together, the Data Host), who may be located outside of New Zealand in a country with laws that may not provide the same level of protection as New Zealand’s laws. The Data Host may be subject to a foreign law that could compel the disclosure of information (including personal information) to a third party, such as an overseas authority.
You agree that in no event shall we or our beneficiaries be liable for any loss of any kind (including loss of your data) arising from an act or omission (including a negligent or dishonest act or omission) of a Data Host, which may include the following:
the software being subject to scheduled or unscheduled downtime;
the failure (or absence) of measures to secure the information against accidental or unlawful loss, access or disclosure;
suspension of access to the software; or
erasure or modification of the uploaded information.
in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law:
we are not liable for any special, indirect, consequential, incidental or punitive damage, or any damages for loss of profits, revenue, goodwill, savings or loss or corruption of data; and
whether in contract, tort (including negligence), in equity, under statute or on any other basis. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.