Occupational health and safety, quality control, environmental compliance, risk management

The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: "Prosper", "us", "we" and "our" means Prosper Software Limited; "Service", means the Risk Management System provided by Prosper Software Limited to customers subscribing for the same; "Client" and "You" means the party or parties who enters into this agreement with Prosper Software Limited.

We strive to provide a reliable 24-hour a day service. If you experience a service quality problem we will do our very best to resolve it to your satisfaction as soon as possible after notification by you.

We agree to only use information provided by you to:
• deliver services you have ordered
• tell you about our services

We agree to keep your information private unless we are legally required to disclose it.

You agree to accept responsibility for all aspects of use of our service by anybody who you have given access to your Prosper account. You agree to ensure that our service is not used for any activity that breaches the law or infringes another person's rights. You agree to ensure our service is not used in any way that interferes with other customers, defames, harasses or menaces anyone.

You agree to provide us with accurate information about yourself and/or your organisation. In particular, you agree to ensure the customer name field of the account application form bears your full legal name. You also agree to provide us with any information we reasonably ask for to help us provide services to you.

In consideration of Prosper Software Ltd providing you with the Prosper Risk Management System, you agree to the payment as follows:
All fees are due in full on the 20th of the month following the invoice dates. Payment is to be made by credit card only. If payment is not received within this period, you will have 7 days from notification by us of the unsuccessful collection of fees, after which your account will be placed on hold and a reconnection fee of $300.00 excluding GST will apply. Overdue accounts referred to our debt collection agency will incur all costs of collection pursuant to the Fair Trading Act, 1986.

All advertised fees are in New Zealand dollars (NZD) and all transactions are processed in New Zealand dollars (NZD).

Prosper’s system is backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the monthly fees excluding any applicable additional charges for SMS messaging. Due to security concerns, all account cancellations must be actioned via phone request by the account super user. Upon cancellation of services, all charges will cease at the end of your current billed period. No partial credit or refund will be issued for early cancellation.

Prosper Software Limited is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilise. Prosper Software Limited does not represent or warrant to the Client that the Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Prosper Software Limited be liable to the Client for any damages resulting from or related to any failure or delay of Prosper Software Limited to provide service under this Agreement if such delays or failures are due to strikes, riots, terrorism, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Prosper Software Limited’s control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.

Client agrees to defend, indemnify and hold Prosper Software Limited harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Prosper Software Limited to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Prosper Software Limited, but excluding those related to the negligence of Prosper Software Limited.

The Prosper Software Limited system may be used only for lawful purposes. You may not use Prosper Software Limited’s system in order to transmit, distribute or store material in violation of any applicable law, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or that is obscene, threatening, abusive or hateful.

Prosper is delivered entirely through the internet on a subscription basis. Payment is in arrears for usage the previous month and fees are non-refundable. See Section 6 for information on Cancellation.

Email: [email protected]
Postal address: PO Box 8278, Riccarton, Christchurch 8440, New Zealand