Terms of Service

1. General

By using Onwardly (the “Service”) and all services of Onwardly Limited, NZ Company number 7980300 (“Onwardly”), you irrevocably agree to be bound by the following terms and conditions (“Terms”) and the Service’s Privacy Policy. If you do not agree with any term or condition, or do not agree to be bound by the Terms and Privacy Policy, you are not authorised to use the Service for any purpose.

Onwardly reserves the right to modify the Terms and Privacy Policy from time to time without prior notice, effective upon posting an updated version of this Terms of Service on the Onwardly website. You are responsible for regularly reviewing this Terms of Service. Continued use of the Service after any such modifications to the Terms of Service shall constitute your consent to such modifications.

2. Conduct

You warrant that you are 18 years of age or older.

You warrant that you are a human, and not a computer service or automated “bot”.

You warrant that you have provided accurate and valid information requested during the registration process.

You warrant that you will use the Service only for lawful purposes. You must not violate any laws in your jurisdiction.

You are prohibited from violating, or attempting to violate, the security of the Service, attempting to gain access to unauthorised information or in any way compromising the integrity, confidentiality or availability of the Service.

Your warrant that you will not:

  • cause technical disturbances to the Service, including, but not limited introduction of viruses, worms, or other destructive mechanisms;
  • create a deceitful website to imply association with Onwardly or the Service;
  • attempt to gain unauthorised access to any Service or Onwardly information other than the Service that you have been given express permission to access
  • create or send verbal, physical, written or other abuse or unsolicited commercial communications (including threats of abuse or retribution or spam) to any Onwardly customer, employee, member, or officer; or
  • reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Onwardly.

You understand that Onwardly uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service.

You authorise Onwardly Limited (including its affiliates and employees) the right to access your account information to provide necessary support and administration services. We both agree to take reasonable steps to protect the other party's confidential information from being accessed by unauthorised individuals.

You must ensure that your password is strong and kept secure and confidential. You must tell us immediately if you think or know that someone has used or has access to your password or there has been some other security breach. You will be responsible for anything done using your username and password.

3. Registration and Payment

The Service is billed in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, refunds for an upgrade/downgrade of plan level, or refunds for months unused with an open account.

We will charge your credit card or invoice you for any upgrade or downgrade in plan level at the new rate upon the start of your next billing cycle.

Onwardly may change the fees charged for the Service at any time upon written notice to you.

You may not withhold payment for any reason, or claim and set-off without our written consent.

If you do not make full payment of any sum by the due date for that payment:

  • Onwardly may charge default interest at the rate of 10% per annum calculated on a daily basis, until payment is made in full; and
  • Onwardly may require you to pay all expenses and costs (including Onwardly’s legal costs) in connection with recovering any unpaid amount from you.

You must keep your contact details and credit card information up to date.

4. Account Termination

You may cancel your accounts at any time by notifying Onwardly in writing. A request to Onwardly to cancel your account does not constitute a cancellation until confirmed by Onwardly, and Onwardly is not responsible for additional charges that you may incur if Onwardly does not receive your cancellation notice.

If you cancel your account prior to the start of the next billing period, you will not be charged again. No refunds will be given for the month in which the Service is cancelled.

If you breach these Terms, or if full and complete payment is not received by Onwardly by the due date for payment, Onwardly may, upon notice to you, terminate your account with immediate effect.

Upon the termination of your account for any reason, all data you entered into the Service on that account will be deleted from the Service. You should retrieve any data you may need from your account before the account is terminated. Terminating an account is an irreversible process and the data cannot be recovered. Onwardly is not liable for any loss resulting from the termination of an account or the corresponding deletion of data.

5. Copyright

You acknowledge that Onwardly retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights).You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Onwardly’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Onwardly (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.

Onwardly Limited claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership.

6. Scope of Service and Liability

The Service will provide security assessments, policies and tools to manage security related data.

The Onwardly website (“Site”) or Service may be temporarily unavailable from time to time for maintenance or other reasons.

Onwardly will not be liable to you for any incorrect, inaccurate or outdated guidance taught by the Service. Except in jurisdictions where such provisions are prohibited, in no event will Onwardly or any of Onwardly’s business associates (which for the purposes of these Terms include employees, suppliers, advertisers, referrers, etc.) be liable to you or any third party for any loss, damage, expense, injury or indirect, consequential, exemplary, incidental, special or punitive loss or damages, including also lost profits or loss of opportunity arising from your use of the Service, even if Onwardly has been advised of the possibility of such damages.

Neither party shall be liable to the other for any delay or failure to perform any obligation (other than for payment) under the Terms or for any loss or damage (including indirect or consequential loss or damage) if such delay or failure is due to a “force majeure” event (as that term is commonly understood).

7. Indemnity

You agree to indemnify and hold Onwardly, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of these Terms, or your violation of any law, or your violation of the rights of a third party.

8. Miscellaneous

Where you enter into these Terms as a business, the warranties available under consumer legislation, including the Consumer Guarantees Act 1993, shall not apply.

These Terms shall be construed and enforced in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.

These Terms constitute the entire agreement between the parties with respect to its subject matter and supersedes all previous understandings, arrangements, agreements and communications.

If you would like to request deletion of your data please contact us.