These Terms of Service ("Terms") govern your access to and use of the PS Express mobile application and web platform (collectively, the "Service") provided by Industry Forms Limited ("we", "us", or "our"). By registering for or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. The Service
PS Express is a SaaS platform that assists licensed building practitioners and engineers in generating producer statements and related statutory forms under New Zealand's Building Act 2004 and related regulations.
The Service is intended as a productivity tool to assist with document preparation. It does not constitute legal, engineering, or building advice. You are solely responsible for ensuring that any forms or statements generated through the Service are accurate, complete, and appropriate for the relevant consent or compliance context.
2. Eligibility
You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or your organisation. By using the Service, you represent and warrant that you meet these requirements.
The Service is intended for use by licensed building practitioners, engineers, architects, and other building industry professionals. We reserve the right to terminate accounts that we reasonably believe are being misused or used outside this intended purpose.
3. Account Registration
To access the Service, you must create an account by providing accurate and complete information. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorised access at support@psexpress.co.nz
We reserve the right to suspend or terminate accounts where we have reasonable grounds to believe credentials have been compromised or shared in breach of these Terms.
4. Subscriptions and Billing
4.1 Plans
The Service is offered on a subscription basis. Available plans and pricing are listed at psexpress.co.nz/pricing. We reserve the right to change pricing with at least 30 days' notice to existing subscribers.
4.2 Free Trial
New accounts may be offered a limited free trial period. At the end of the trial, access will be restricted unless a paid subscription is activated.
4.3 Payment
Subscription fees are billed in advance on a monthly or annual basis (depending on your selected plan) in New Zealand dollars (NZD) unless otherwise stated. All payments are processed by a PCI DSS-compliant third-party payment provider. We do not store your full card details.
4.4 Cancellation and Refunds
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period — you will retain access until then. We do not offer pro-rata refunds for partial billing periods unless required by applicable consumer law.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Submit false, misleading, or fraudulent information in any form or document generated through the Service
- Attempt to reverse-engineer, decompile, or otherwise derive source code from the Service
- Scrape, crawl, or use automated means to access the Service without our prior written consent
- Share your account credentials with third parties or allow multiple individuals to use a single-seat subscription
- Upload any content that infringes intellectual property rights or contains malicious code
We reserve the right to suspend or terminate your account immediately, without notice, for any material breach of these Terms.
6. Your Content
You retain ownership of all data, documents, and content you submit to the Service ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive licence to process and store it solely for the purpose of providing the Service to you.
You are solely responsible for the accuracy and legality of Your Content. We do not review or verify the content of producer statements or forms generated through the Service.
7. Data Retention
Producer statements and associated files are retained for up to five (5) years from the date of creation, after which they may be permanently deleted from our systems. You are responsible for downloading and retaining copies of any documents you require beyond this period.
8. Intellectual Property
All software, design, trademarks, and other intellectual property comprising the Service are owned by Industry Forms Limited or our licensors. These Terms do not transfer any ownership rights to you. You may not copy, reproduce, or create derivative works from any part of the Service without our prior written consent.
9. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. To the maximum extent permitted by law, we disclaim all warranties including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy or completeness of any form templates or statutory references within the Service — regulatory requirements may change and you should verify that any generated document meets current legal requirements.
10. Limitation of Liability
To the maximum extent permitted by the New Zealand Consumer Guarantees Act 1993 and other applicable law, our total liability to you for any claim arising from or related to the Service shall not exceed the total subscription fees paid by you in the three (3) months preceding the claim.
In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, even if we have been advised of the possibility of such damages.
Nothing in these Terms limits liability that cannot be excluded or limited under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other applicable consumer protection legislation.
11. Indemnification
You agree to indemnify and hold harmless Industry Forms Limited and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, Your Content, or your breach of these Terms.
12. Third-Party Services
The Service may integrate with or link to third-party services (such as address lookup providers or cloud storage). We are not responsible for the availability, accuracy, or practices of any third-party service. Your use of third-party services is governed by their respective terms and privacy policies.
13. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email or via a prominent notice in the app at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of New Zealand. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand, unless otherwise required by applicable consumer law.
15. Contact Us
If you have any questions about these Terms, please contact us:
Industry Forms Limited
Email: support@psexpress.co.nz
Postal Address: 349 Mangakura Road, Helensville 0875, New Zealand
