APPLICATION OF TERMS
These Terms apply to your use of the website. The website (kahasciences.com) is owned by ADInstruments NZ Limited and is operated by ADInstruments NZ Limited for the benefit of all companies within the ADInstruments Group.
By accessing and using the website:
- you agree to these Terms; and
- where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the website, and you must immediately stop doing so.
We may change these Terms at any time by updating them on the website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the website, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the website without notice or liability.
In these Terms:
- Kaha Sciences is a brand of ADInstruments NZ Limited
- ADInstruments Group means the collection of parent and subsidiary companies operating as ADInstruments including and similar words do not imply any limit
- Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
- personal information means information about an identifiable, living person
- Underlying System means any network, system, software, data or material that underlies or is connected to the website
- User ID means a unique name and/or password allocated to you to allow you to access certain parts of the website
- We, us or our means ADInstruments NZ Limited
- website means https://www.adinstruments.com
- You means you or, or if you are acting on someone else’s behalf, both you and the other person on whose behalf you are acting.
You must provide true, current and complete information in your dealings with us (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete.
If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the website or any Underlying System, or otherwise attempt to damage or interfere with the website or any Underlying System; and
- unless with our agreement, access the website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method: and
- use the website in compliance with, and only as permitted by, applicable law.
You must obtain our written permission to establish a link to our website. If you wish to do so, email your request to email@example.com
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our website by using your User ID.
We (and our licensors) own all proprietary and intellectual property rights in the website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems (“Content”). Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
You may not copy any part of this website. Nor may you reproduce, modify, re-publish, distribute, any part of this website without our permission which can be requested at firstname.lastname@example.org.
You may display, copy and download Content from the websites solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
While it is in our interest to provide you with a great experience when using the website there are certain things we do not promise. We almost always keep our website up, but it may be unavailable from time to time for various reasons.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE ADINSTRUMENTS GROUP, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
(B) THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE ADINSTRUMENTS GROUP, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE ADINSTRUMENTS GROUP OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE ADINSTRUMENTS GROUP OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the ADInstruments Group, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of the website by you.
The ADInstruments Group reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide ADInstruments with such cooperation as is reasonably requested by the ADInstruments Group.
PRIVACY AND COOKIES
SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the website (or any part of it).
On suspension or termination, you must immediately cease using the website and must not attempt to gain further access.
If we need to contact you, we may do so by email or by posting a notice on the website. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the website.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
To contact us, please email email@example.com
Thank you for visiting our site.
These Terms were last updated on 12 February 2021
Who are we?
This website at KahaSciences.com is owned and operated by ADInstruments NZ Limited for the benefit of the ADInstruments Group of Companies. Please see ADInstruments.com page for information and contact details of ADInstruments worldwide.
ADInstruments we create simple, flexible tools to help scientists and educators record and analyse data quickly and efficiently. Powerful, flexible and accurate, our products are cited in more than 30,000 research papers in peer-reviewed journals and our equipment is the preferred choice for thousands of scientists and educators around the world.
At ADInstruments we pride ourselves on supporting the scientific community with user-friendly software, specialised training options and solution-focused systems of the highest quality, giving our customers confidence in their data and in the power of their work.
We are committed to protecting the privacy of our customers. We want to provide a safe and secure service where we deal with your personal information. This means information that identifies you personally such as your name, photo or contact details or data that can be linked with such information in order to identify you.
“Personal Information” is information about you which can be used alone, or combined with other information, to identify you personally.
Quick Guide to Contents
What personal information do we collect about you?
We collect and process your information in the following ways:
Information you give us
You may give us information about yourself by using the website or by corresponding with us by phone, email, submitting a form on our website, registering for an ADInstruments event, by opting-in to receive marketing communications (which is optional) or otherwise. The information you give us may include your name, address, email address and phone number, personal description, and any image, video, audio, animation or text.
Information we collect automatically
With regard to each of your visits to the Website we may automatically collect the following information:
- technical information, including the Internet protocol (“IP”) address used to connect your computer to the Internet, the device ID of your Device your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (“URL”) clickstream to, through and from the Website (including date and time), pages you viewed, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;
- any phone number, email or address used to contact our customer service team or information provided in this correspondence.
Information we receive from third parties
We may receive information about you if you use any other websites we operate or the other services we provide. We also work closely with third parties (including business partners, sub-contractors in technical and delivery services, analytics providers, credit reference agencies) and may receive information about you from them.
How do we use your personal information?
We will only collect your Personal Information on the Website and use your Personal Information with your consent or to provide a requested service, carry out a contract with you, or where we have a legitimate interest to use your Personal Information.
This may include:
- responding to your queries when you fill in a form on our Website;
- providing services and/or information to you;
- ensuring network and information security;
- where we have a legal obligation for collection;
- carrying out direct marketing;
- preventing or detecting fraud and other criminal offences;
- transmitting Personal Information between ADInstruments Offices for internal administrative purposes; and/or
- hosting and maintaining our Website;
You may withdraw your consent to receive direct-marketing at any time. Please contact us at firstname.lastname@example.org or by using the “unsubscribe” option in the marketing material you have received from us.
How long do we keep your personal information for?
How secure is my personal information?
We employ industry appropriate security measures to protect your Personal Information and guard against access by unauthorised persons. Information is on secure computers and encrypted wherever possible. We undergo periodic reviews of our security policies and procedures to ensure that our systems are secure and protected. Unfortunately, the transmission of information via the internet is not completely secure. Although we work hard to protect your personal information, we cannot guarantee the security of your information transmitted to our Website.
Who do we share your personal information with?
We share your personal information with trusted third parties where we have retained them to provide services that you or our customers have requested, such as Amazon Web Service and Google. These third parties comply with similar and equally stringent undertakings of privacy and confidentiality.
We share your personal information with third parties who perform functions on our behalf and who also provide services to us, such as professional advisors, IT consultants carrying out testing and development work on our business technology systems, research and mailing houses and function co-ordinators. These third parties comply with similar and equally stringent undertakings of privacy and confidentiality.
We share your personal information with our other Group companies for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or merges with us your personal information will be disclosed to such entity. Also, if any bankruptcy or reorganisation proceeding is brought by or against us, all such information will be considered an asset of ours and as such it is possible they will be sold or transferred to third parties.
We share your personal information with our distributors and with business partners.These third parties comply with similar and equally stringent undertakings of privacy and confidentiality.
What happens if you do not provide us with the information we request or ask that we stop processing your information?
If you do not provide the personal information necessary or withdraw your consent for the processing of your personal information, where this information is necessary for us to provide services to you, we will not be able to provide these services to you.
Do we make automated decisions concerning you?
No, we do not carry out automated decision making.
Do we transfer your personal information outside the European Economic Area (“EEA”)?
Your Personal Data may be transferred outside the EEA. Prior to transferring Personal Data outside the EEA we take such measures as are necessary to ensure the transfer (and any onward transfer) is in compliance with Data Protection Legislation. Such measures may include (without limitation) transferring the data to a recipient in a country that the European Commission has decided provides adequate protection for Personal Data (e.g. New Zealand) or to a recipient that has executed standard contractual clauses adopted or approved by the European Commission.
What are your rights?
By law, you have a number of rights when it comes to your personal information. Further information and advice about your rights can be obtained from the data protection regulator in your country.
What does this mean?
The right to object to processing
You have the right to object to certain types of processing, including processing for direct marketing (i.e. if you no longer want to be contacted with potential opportunities).
The right to be informed
You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Policy.
The right of access
This is so you’re aware and can check that we’re using your information in accordance with the law.
The right to rectification
You are entitled to have your information corrected if it’s inaccurate or incomplete.
The right to erasure
This is also known as ‘the right to be forgotten’ and, in simple terms, lets you request the deletion or removal of your information where there’s no compelling reason for us to keep using it. This is not a general right to erasure; there are some exceptions.
The right to restrict processing
You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future.
The right to data portability
You have rights to obtain and reuse your personal information for your own purposes across different services.
The right to lodge a complaint
You have the right to lodge a complaint about the way we handle or process your personal information with your national data protection regulator. If you are unhappy with how we have processed your Personal Information you may make a complaint to the authority responsible for data protection in the country that you are based.
The right to withdraw consent
If you have given your consent to anything we do with your personal information, you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal information with your consent up to that point is unlawful). This includes your right to withdraw consent to us using your personal information for marketing purposes.
We usually provide information in response to requests free of charge but may charge a reasonable fee to cover our administrative costs of providing information for repeated requests, or for further copies of the same information.
Alternatively, we may be entitled to refuse to act on the request.
When we receive a request, we’ll respond as soon as we can. Generally, this will be within two weeks from when we receive your request but, if the request is going to take longer to deal with, we’ll let you know.
How can you contact us?
If you have any enquiries please contact us at email@example.com or by writing to us at:
77 Vogel Street
Attention: Grace Ockwell (Data Protection Officer)
How to make a complaint
If you are unhappy with how we have processed your Personal Information you may make a complaint to the authority responsible for data protection in the country in which you are based.