1. Introduction and Acceptance
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and The Product Placement Co Limited ("WorkflowApps", "we", "us", or "our"), a New Zealand registered company. By accessing, registering for, or using the WorkflowApps platform and any associated services, modules, or applications (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are entering into these Terms on behalf of a business, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" shall refer to that entity.
We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the platform. Continued use of the Services following any modifications constitutes acceptance of the updated Terms.
2. Services Description
WorkflowApps provides a cloud-based modular business management platform comprising various software modules including, but not limited to: Visitor Management, Fleet Management, CRM+, Approve+, SmartQR, workCHAT, Bulk SMS & Email, Loyalty & Promos, Time Clock, Forms & Surveys, GPS Vehicle Tracking, and associated free tools such as SMS Alerts and Compliance Tasks.
The Services are provided on a subscription basis, with pricing and features as published on our website or as otherwise agreed in writing. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice where practicable.
3. Account Registration and Security
To access the Services, you must complete the registration process and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
- Provide truthful and accurate registration information
- Maintain and promptly update your account information
- Keep your password and login credentials secure and confidential
- Notify us immediately of any unauthorised access or security breach
- Accept responsibility for all activities conducted through your account
We reserve the right to suspend or terminate accounts that contain false information, are used for fraudulent purposes, or violate these Terms.
4. Data Collection, Use, and Privacy
In the course of providing the Services, we collect, process, and store various types of data including but not limited to: business information, contact details, employee records, visitor logs, vehicle data, customer information, communications, and usage analytics ("Customer Data").
Data Ownership: You retain ownership of all Customer Data you submit to the platform. We do not claim ownership of your data.
Data Use: We use Customer Data solely for the purpose of providing and improving the Services, unless otherwise required by law. We do not sell your data to third parties for marketing purposes.
Third-Party Service Providers: To provide full functionality of the Services, we may need to share certain data with trusted third-party service providers and partners, including but not limited to:
- SMS and communication gateway providers
- Payment processing services
- Cloud hosting and infrastructure providers
- Integration partners (e.g., Xero, Shopify, Unleashed)
- GPS and tracking service providers
- Email delivery services
- Analytics and monitoring tools
We require all third-party providers to maintain appropriate security measures and to use your data only as necessary to provide their services to us.
Legal Requirements: We may disclose your data if required to do so by law, court order, or government request, or if we believe disclosure is necessary to protect our rights, your safety, or the safety of others.
5. Data Security
We implement reasonable technical and organisational measures designed to protect Customer Data against unauthorised access, alteration, disclosure, or destruction. These measures include encryption, access controls, regular security assessments, and secure data centres.
However, you acknowledge and agree that:
- No method of electronic transmission or storage is 100% secure
- We cannot guarantee absolute security of data transmitted to or stored on our systems
- You transmit data to our platform at your own risk
- We are not liable for any unauthorised access, data breach, or security incident beyond our reasonable control
- You are responsible for maintaining the security of your own devices, networks, and access credentials
In the event of a data breach affecting your Customer Data, we will notify you as soon as reasonably practicable and take appropriate steps to investigate and mitigate the incident.
6. Limitation of Liability
To the maximum extent permitted by New Zealand law:
6.1 Exclusion of Warranties: The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
6.2 Limitation of Damages: In no event shall WorkflowApps, its directors, employees, agents, partners, or suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:
- Loss of profits, revenue, business, or anticipated savings
- Loss of data or data corruption
- Loss of goodwill or reputation
- Business interruption
- Cost of substitute services
- Any other intangible losses
This applies regardless of whether such damages were foreseeable or whether we were advised of the possibility of such damages, and regardless of the legal theory upon which the claim is based.
6.3 Maximum Liability: Our total cumulative liability to you for any and all claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.
6.4 Data Breach Liability: Without limiting the foregoing, we expressly disclaim all liability for any data breach, security incident, unauthorised access, or cyber attack affecting Customer Data, except to the extent such incident is directly caused by our gross negligence or wilful misconduct. You acknowledge that you use the Services at your own risk and that we are not an insurer of your data.
6.5 Third-Party Services: We are not liable for any acts, omissions, errors, or failures of third-party service providers, integration partners, or any services not directly operated by us.
7. Indemnification
You agree to indemnify, defend, and hold harmless WorkflowApps and its officers, directors, employees, agents, and successors from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any rights of a third party
- Any data or content you submit to the platform
- Any claims by your employees, contractors, or customers
8. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party rights
- Transmit spam, unsolicited communications, or malicious content
- Attempt to gain unauthorised access to our systems or other users' accounts
- Interfere with or disrupt the integrity or performance of the Services
- Store or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
- Reverse engineer, decompile, or attempt to extract source code from the Services
9. Payment Terms
Subscription fees are billed in advance on a monthly or annual basis as selected. All fees are quoted in New Zealand Dollars (NZD) and are exclusive of GST unless otherwise stated. Fees are non-refundable except as required by the Consumer Guarantees Act 1993 or as otherwise agreed in writing.
Additional charges may apply for SMS credits, per-vehicle GPS tracking, custom development, integration services, and other usage-based features. These will be clearly communicated before incurring.
10. Termination
Either party may terminate the subscription by providing written notice in accordance with the billing cycle. We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees when due, or engage in conduct that we determine, in our sole discretion, may harm WorkflowApps or other users.
Upon termination, your right to access the Services ceases immediately. We will retain Customer Data for a reasonable period to allow you to export it, after which it may be deleted.
11. Intellectual Property
All intellectual property rights in the Services, including software, design, trademarks, and documentation, remain the exclusive property of WorkflowApps. These Terms do not grant you any rights to use our trademarks, logos, or branding without prior written consent.
12. Force Majeure
We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, power failures, internet outages, or third-party service failures.
13. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of New Zealand.
Before initiating any legal proceedings, you agree to attempt to resolve any dispute informally by contacting us. We will attempt to resolve disputes through good-faith negotiation.
14. Consumer Guarantees Act
If you are acquiring the Services for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply to the supply of the Services to the extent permitted by law.
15. General Provisions
Entire Agreement: These Terms constitute the entire agreement between you and WorkflowApps regarding the Services and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
16. Contact Information
For questions about these Terms or our Services, please contact us at:
The Product Placement Co Limited
Hawke's Bay, New Zealand
Email: info@workflowapps.nz
Last Updated: April 2026
