You must ensure that you and those who you are responsible for including your Users:
1.) only use the Services for the intended purpose as contemplated under this Agreement and in accordance with the Agreement and at all times only for lawful purposes;
2.) do not copy the Software;
3.) do not translate, adapt, vary, or modify the Software;
4.) do not reverse engineer, decompile, or disassemble the Software in an attempt to duplicate the Software or imitate any of its functions or otherwise;
5.) do not sell, lease, sub-licence, lend, assign, host or transfer, in whole or in part, or provide unlicensed third parties access to the Software or purport to do any of these things without EFTPOS New Zealand’s prior written consent;
6.) use all reasonable efforts to protect the Software from unauthorised use, reproduction, distribution, or publication and keep the Software confidential;
7.) accept and install all Updates notified to you by EFTPOS New Zealand at your own risk;
8.) install, support, and maintain appropriate anti-virus software and other network security measures to include, but not limited to, the use of firewalls as appropriate, in line with the PCI DSS requirements;
9.) keep all login details and passwords secure at all times and ensure that the Services are not accessed or used by any unauthorised user;
10.) notify us immediately if any login details or passwords are misused, lost, or stolen or used without authority or any other breach or potential breach of security;
11.) do not access or attempt to access or use the Services if Your permission or a User’s permission to access and use the Services has been revoked; and
12.) in any way which may compromise or impair the functionality or otherwise undermine the security or integrity of the Services, Software or any of EFTPOS New Zealand other systems or networks.
2.0 Confidentiality and Personal Information
2.1 Both parties agree not to:
- disclose to any person any Confidential Information relating to the other party unless required to do so by law;
- use any Confidential Information of the other party for its own purposes.
2.2 Personal Information that you provide to us will be kept strictly confidential and will be securely held by EFTPOS New Zealand. If you are an individual, you have the right to access your Personal Information and request correction of any errors in that Personal Information. A fee may be payable for this. Personal Information obtained by EFTPOS New Zealand in the course of providing the services under this Agreement may be transferred or accessible outside of New Zealand by our employees or contractors only for the sole purpose of providing these services
2.3 EFTPOS New Zealand may obtain such information and make such enquiries about you as EFTPOS New Zealand may consider warranted from any source, including credit reference agencies. EFTPOS New Zealand may contact the source of any information that you provide to EFTPOS New Zealand in order to check the accuracy of the information and you authorise any person we approach to provide the above information to EFTPOS New Zealand.
2.4 EFTPOS New Zealand may use the information provided to:
- consider your application for Payment Services;
- meet our obligations under this Agreement;
- administer, manage, and monitor any contracts and Payment Services you hold with EFTPOS New Zealand;
- provide you with information from time to time about other facilities, products and services provided by EFTPOS New Zealand or any other person with which EFTPOS New Zealand has a business relationship. Where we provide this information by email or SMS text message, we may not always provide a functional unsubscribe facility within the email or SMS text message itself.
2.5 EFTPOS New Zealand may disclose information about you for the above purposes to:
- agents or contractors of EFTPOS New Zealand; or
- Sureties or assignees or anyone who is considering becoming a surety or assignee.
2.6 You agree that EFTPOS New Zealand may disclose any information concerning you to any law enforcement, regulatory agency or court where required by any law or regulation in New Zealand or elsewhere. If we receive a request from certain agencies to release your information, we may not be able to tell you that the request has been received. EFTPOS New Zealand may also disclose information to the police, certain government agencies or other financial institutions where we reasonably believe that the disclosure will assist in the investigation, detection and/or prevention of fraud or other criminal offences.