Terms and Conditions for use of Command Centre Web

Revision 1.0 - May 2024

These terms and conditions ("Terms") govern the use of the Command Centre Web ("Web Software") provided by Gallagher Group Limited ("Gallagher"). By activating and using the Web Software, you agree to be bound by these Terms. If you do not agree to these Terms, you must not activate or use the Web Software. 

 

1. Use of the web software

The Web Software allows you to control and configure features of Gallagher’s Command Centre via the worldwide web to meet the unique needs of your Site.  

To enable usage of the Web Software you must have a current contract with Gallagher for Software Maintenance Services on the relevant Site. These Terms apply in addition to Gallagher’s Software License and Maintenance Terms and Conditions.  

Current versions of Gallagher’s Command Centre may be required to be installed to access certain features of the Web Software.  

 

2. Trial period and activation

Gallagher is offering the Web Software to you for an initial trial period for up to 20 users free of charge for a period of 90 days, or as otherwise agreed with Gallagher (“Trial Period”). The Trial Period begins upon activation of the Software. If you continue to use the Web Software after the Trial Period, or if you opt to use a paid version of the Web Software, an additional licensing fee at Gallagher’s standard rates will be applicable to you. Licensing fees will be payable to your certified Gallagher Channel Partner.  

If you do not wish to pay to continue your use of the Web Software after the Trial Period, your access will,  

1. at Gallagher's discretion, automatically end at the expiry of the Trial Period.

 

3. Experience Improvement Program

Gallagher operates a customer experience improvement program (CEIP) CEIP allows Gallagher to access product usage data and statistics from the Web Software for the purpose of Gallagher improving our products’ performance and usability and value to our customers. Details of the CEIP and its privacy statement can be found here.  

 

4. Use of data

In addition to collecting CEIP information, the Web Software has data analytics functionality that automatically collects and tracks your use of the Web Software. The type of data collected includes, but is not limited to, the number of users and the types of features used. The collection of data is used for product development, quality control and monitoring the performance of the Web Software and is handled in accordance with our Privacy Policy. No personal information is collected via your use of the Web Software.  

 

5. Ownership of intellectual property

The Web Software and all intellectual property rights therein, including but not limited to, patents, copyrights, trademarks, trade secrets, and any other proprietary rights, are and shall remain the sole property of Gallagher. Nothing in these Terms grants you any rights to use Gallagher's intellectual property except as expressly authorized herein.  

You acknowledge that any feedback from your use of the Web Software will be our intellectual property on and from its creation and you acknowledge that we may incorporate any feedback into our software, products, or services without any compensation to you.  

 

6. No warranties

The Web Software is provided on an "as-is" and "as-available" basis. Gallagher makes no warranties, express or implied, regarding the Software's performance, reliability, or suitability for any particular purpose. To the fullest extent permitted by law, Gallagher disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Gallagher does not warrant that the functions contained in the Web Software will meet your business requirements or that the operation of the Web Software will be uninterrupted or error free. Under these Terms, Gallagher will not in any circumstances be liable to you or your directors, officers, employees, contractors or agents for claims, expenses, loss or damage of any type. To the extent permitted by law, if Gallagher becomes liable for any amount under or in relation to these Terms, the total liability will be limited to the amount of fees paid for the Web Software in the previous 12 months.  

In no event will either party be liable for any indirect, incidental, special, punitive, or consequential damages or damages for loss of profits, revenue, data or data use, incurred by the other party or any third party, whether in contract or tort.

 

7. Termination of access for breach of Terms

Gallagher reserves the right to terminate your access to the Software immediately and without notice if you breach any of these Terms or have used the Web Software in a manner that exceeds our estimated use patterns, is fraudulent, abusive or otherwise in violation of any applicable law (including privacy laws).

 

8. Governing law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.  

 

9. Updates to Terms

We may update these Terms from time to time. Reasonable effort will be made to ensure that you are adequately informed of material changes. Continued use of the Software after the effective date of an update of these Terms constitutes acceptance of the modified terms.