SPECIFI system is provided as "software as a service". This means:
You have the right to use the software for each specific project on a one-off basis;
You are not allowed to download, copy, reverse engineer, or otherwise deal with the software.
If you are using this account as a Registered Licensed Building Practitioner ("LBP"), Registered Architect, or Engineer, you will have access to certain functions that can only legally be performed by people having those qualifications. You agree that you are personally responsible for:
Providing details of your registration (e.g. LBP registration number, Architects Registration Board registration number, or Chartered Professional Engineer registration number);
Keepings details of your registration on the SPECIFI system up to date, and removing the qualification from the account if you are removed from the register for any reason;
If you are claiming a professional qualification, you confirm you are familiar with common building practice and terminology applied in NZS3604 - 2011 for New Zealand and/or AS1684 – 2010 for Australia (or any replacement standard);
The results produced by SPECIFI system are only as good as the information you provide. You are responsible for checking the accuracy of all information you enter into the SPECIFI system. This means:
You fully indemnify KR Software Holdings Ltd ("KRS") and Kirk Roberts Consulting Engineers Ltd ("KRCE") from all liability (including for legal costs) for any damage resulting from use of the SPECIFI system, where the SPECIFI system produces a result which is appropriate for the information entered.
KRS and KRCE do not accept any liability for any damage resulting from incorrect data input.
Any changes to the information entered into the SPECIFI system after the production of drawings, calculations, or documents ("Works") will render such Works invalid, and unable to be relied on in any way. Additional charges may be applied for re-issuing Works after updated information has been entered.
The SPECIFI system provides two levels of Quality Assurance ("QA") process – internal QA, or external QA by KRCE's professional engineers.
Some complex elements require sign-off by an Engineer. After the information entered has been checked and verified by you as LBP, these elements will be automatically assigned for external QA. The SPECIFI system will not generate finalised plans or a Producer Statement for these elements until external QA has been completed.
Other Simple elements may benefit from sign-off by an Engineer, but this is not mandatory. After the information entered has been checked and verified by you as LBP, you will have the option to refer it to KRCE for external QA, or to confirm responsibility for your own QA process. The Producer Statement will reflect this.
When an element is referred to KRCE for external QA, their service is provided in accordance with their standard terms and conditions relating to liability and professional indemnity insurance.
When you confirm responsibility for your own QA, you are liable for any damage resulting from the use of the SPECIFI system.
When you purchase a result from the SPECIFI system, you agree to pay the cost indicated for that specific project on the Purchase interface.
The SPECIFI system may produce documents and design drawing as part of the result provided. All rights in these documents, including copyright, remains the property of KRS and/or KRCE.
Any Works marked as "Preliminary" (or "Prelim" or other equivalent) must not be used or reproduced under any circumstances. Such Works have not been subject to QA, and no warranty is made of their suitability for any purpose whatsoever. KRS and KRCE disclaim any and all liability (including for negligence) resulting from the use of Works marked as preliminary.
When you purchase a result from the SPECIFI system, you will be granted a licence to use any Works produced for the purposes of the single specific project on a one-off basis, including the right to reproduce the drawings in three dimensions, and to make such other copies as may be necessary for the purposes of the project.
In the event of any unauthorised use or reproduction of the Works produced, you fully indemnify KRS and KRCE for any damage incurred, including full reimbursement of the cost of enforcement on a solicitor-client basis.
KRS is not liable for any damage resulting from the SPECIFI system not being available at any particular time, whether as a result of action or inaction by KRS, any third party, or otherwise.
Although KRS will take all reasonable steps to ensure the security of its servers, the use of the SPECIFI software system is at your own risk. KRS is not liable for any damage resulting from your systems being compromised and/or accessed after accessing the SPECIFI website, software service, or servers, whether resulting from third party malicious software or otherwise.
KRS is collecting the personal information necessary to administer your access to the SPECIFI system, and provide the services you request from the system.
Any personal information which is collected will be used and disclosed only to provide you with the services you request, or otherwise to carry out or administer our business.
We will not disclose information about you to a third party unrelated to our business, unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure (for example, by requesting external QA).
Your personal information is accessible and editable by logging in to your SPECIFI account. You may log in and edit this information at any time.
Your personal information is stored in electronic form. KRS will take all reasonable precautions to ensure the security of your personal information and protect it from unauthorised use or alteration.
The laws of New Zealand apply to all use of the SPECIFI system.
If any clause of these terms are ineffective due to illegality or otherwise, that clause is severed from all others without affecting the validity of any other of the terms, and will be replaced by a valid clause having similar commercial effect.