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Development Terms

Virtual Reality Hire Ltd Terms and Conditions for Virtual Tours and Development

  • Introduction
    • As a client ("Client") of Virtual Reality Hire Ltd ("Virtual Reality Hire"), by using our services or purchasing any products or Virtual Tours, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
  • Provision of Services
    • Virtual Reality Hire and the Client, being the person or company purchasing goods, solutions, Virtual Tours, or enlisting our services, agree to engage in a professional and cooperative manner.
  • Pricing and Payments
    • All prices quoted exclude GST and in New Zealand dollars unless otherwise specified. Virtual Reality Hire reserves the right to adjust prices with prior notice.
  • Equipment and Substitutions
    • We reserve the right to source alternative equipment or software of equivalent or superior specifications. Any substitutions will be communicated and agreed upon before finalising the order.
  • Change Management
    • Changes to the project scope must be submitted and approved in writing by both parties. Adjustments in costs and timelines due to such changes will be documented in a formal change order.
  • Client Responsibilities
    • The Client is responsible for timely communication, which is essential to maintain project schedule integrity. Delays in communication may result in project timeline extensions.
  • Access to Location
    • For installation or filming of the Virtual Tours, the Client must provide Virtual Reality Hire adequate access to the designated premises, including space for equipment and conducting necessary assessments.
  • Internet Access Requirements
    • If our proposal mentions the need for internet access, a stable, high-speed Fibre Internet connection is required at the site for central VR experience controllers if the support option is selected by the Client.
  • Staff Training
    • Comprehensive training will be provided to the Client's staff for proficient use of the VR equipment with our solution and software, covering operational aspects for a seamless experience.
  • Quality Assurance and Testing
    • Virtual Reality Hire will conduct extensive testing to ensure the VR experience meets specified standards. The Client has a seven-day review period to report any issues, which will be addressed promptly within the project scope.
  • Support and Maintenance
    • Post-launch support will be provided remotely for two weeks. Ongoing maintenance and updates are available upon request, subject to additional quotes.
  • VR Equipment Usage
    • VR headsets, controllers and VR Tour software provided should not be updated without authorisation from Virtual Reality Hire.
  • Hardware Warranty
    • All new goods provided by Virtual Reality Hire are covered by a 12-month manufacturer’s warranty from the invoice date, addressing defects in materials or workmanship under normal use.
  • Software and Consumables
    • Software and consumable goods are exempt from warranty if they are updated or altered without Virtual Reality Hire's authorisation.
  • Transit Liability
    • Virtual Reality Hire is not liable for damages or delays during transit. The Client is responsible for inspecting goods upon receipt and addressing any transit damages with the carrier.
  • Loss of Service
    • Virtual Reality Hire will strive to maintain efficient and cost-effective systems, but will not be liable for any losses incurred due to service downtime.
  • Disclaimer
    • Parts of these terms, if found illegal, unenforceable, or invalid, do not affect the validity of the remaining portions of these terms. These terms are governed by New Zealand law, with both parties submitting to the jurisdiction of its courts.
  • Confidentiality Agreement
  1. Purpose:

Virtual Reality Hire desires to disclose certain confidential information to The Client for the evaluation of this proposal and if accepted the installation of the agreed solution as outlined in this proposal and on the final invoice.

 

  1. Confidential Information:

For the purposes of this Agreement, “Confidential Information” refers to any data or information, oral or written, disclosed by Virtual Reality Hire to the Receiving Party.

 

  1. Obligations:

The Client agrees to restrict disclosure of the Confidential Information to employees, agents, or third parties as necessary and only for the disclosed purpose.

 

  1. Exclusions:

Confidential Information does not include information that is publicly available, already in possession of the Receiving Party, or obtained from a third party without a breach of an obligation of confidentiality.

 

  1. Duration:

The Receiving Party’s duty to maintain the confidentiality of the Confidential Information remains for a period of two years after the date of disclosure.

 

  1. Return of Confidential Information:

Upon conclusion of the dealings between the Parties, or upon the Disclosing Party’s written request, The Client shall promptly return or destroy all copies of the Confidential Information.

 

  • Dispute Resolution
    • Disputes will be resolved through mediation, with arbitration as a secondary option, and legal action as a last resort.
  • Limitation of Liability
  • Virtual Reality Hire shall not be held liable for any injuries sustained by individuals while using VR experiences, playing VR games or watching VR films at The Clients, utilising the solution supplied by Virtual Reality Hire. Additionally, Virtual Reality Hire shall not be liable to The Client or any third party for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, The Client harm, or other intangible losses, arising from the use of the VR experience. The Client assumes full responsibility for ensuring user safety and managing any risks associated with the engagement with the VR experiences provided.
  • Indemnification
  • The Client agrees to indemnify, defend, and hold harmless Virtual Reality Hire, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, liabilities, losses, costs, and expenses, including legal fees, arising out of or related to: (a) The Client’s or its The Client’s' use or misuse of the products or services provided by Virtual Reality Hire; (b) any breach of the terms of this agreement by The Client; or (c) any violation of applicable law by The Client. This indemnification obligation will survive the termination of this agreement and The Client’s use of the Virtual Reality Hire's products or services.
  • Intellectual Property Rights
    • The proprietary Virtual Reality content and methodologies developed by Virtual Reality Hire remain its exclusive property. Unauthorised use is prohibited.
  • Force Majeure
    • Neither party is liable for performance delays or failures caused by events beyond their control.
  • Governing Laws
    • This agreement is governed by New Zealand law, with exclusive jurisdiction of its courts for any disputes.

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