Terms and conditions policy |
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1. | Definitions |
In this Agreement, unless the context otherwise requires: "You" refers to those person(s) who wish to access the Site subject to and on the terms and conditions of this Agreement; "Content" means the information made available to you through the Site; "www.Norseshop.com" means www.Norseshop.com trading under the business name 'Norseshop.com' of PO Box 5691, Lambton Quay, Wellington, New Zealand; "Site" means all or any of the applications contained on www.Norseshop.com; |
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2. | Application and variation of these terms |
2.1 | Your use of the Site is to be in accordance with these terms and conditions and your use of the Site signifies your acceptance of these terms and conditions. |
2.2 | Norseshop.com may at any time, in its sole discretion, amend, vary or modify these terms and conditions. |
2.3 | Norseshop.com may give notice on Norseshop.com of any modification to the terms and conditions but it is your responsibility to check for any such modification each time you use the Site. |
2.4 | Modifications to the terms and conditions will be effective immediately and any subsequent use by you of the Site will constitute an acceptance of the modifications. |
3. | Your Acknowledgements |
3.1 | You acknowledge that: (a) while Norseshop.com provides the information on this Site in good faith, it accepts no responsibility for the accuracy, completeness, reliability or timeliness of the information.; (b) there are inherent hazards in electronic distribution and as such there may be delays, omissions or inaccuracy in content; (c) you should not act or fail to act on the basis of any information or materials on the Site, and furthermore, you accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any other website on the internet accessed via this Site or otherwise; (d) Norseshop.com does not represent or warrant that any files obtained from or through the Site or any related site are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that you assumed all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. Norseshop.com 's liability for such an event is limited to the resupply of those files. |
4. | Provision of Service |
4.1 | Norseshop.com may without notice suspend the Site or
disconnect or deny you access to any part of the Site: (a) during any technical failure, modification or maintenance involved in the Site provided that Norseshop.com will use reasonable endeavours to procure the resumption of the Site as soon as reasonably practicable; (b) if you fail to comply with any agreement with Norseshop.com; or (c) if you do, or allow to be done, anything which in Norseshop.com 's opinion may have the effect of jeopardising the operation of the Site. |
4.2 | Norseshop.com may make improvements and/or changes to the Site or Contents at any time without notice. |
5. | Access to the Service |
5.1 | You are responsible for maintaining the secrecy and
confidentiality of all identification and log-in information required for you to access the Site, including all additional passwords, identification and log-in information which may be provided by Norseshop.com from time to time to enable you to use the Site. You agree to notify Norseshop.com immediately if any of this information has been or is suspected to have been compromised by loss, theft, manipulation or any other means. |
5.2 | You agree not to disclose to any other person, corporation,
entity or organisation any identification or log-in information, whether in use or not, relating to the Site. |
5.3 | You are liable for all charges resulting from the use of
the Site accessed through your identification or log-in information whether authorised by you or not. Disclosure or loss of identification or log-in information that results in the incurring of fees or misuse of the Site is your responsibility and any such occurrences should be immediately communicated to Norseshop.com. |
6. | Use of the Service |
6.1 | You agree to comply with all directions pertaining to the
access and use of the Site granted to you by Norseshop.com. |
6.2 | You agree that in accessing and using the Site, you will
only use software that you are legally entitled to use and such use will not infringe any third party's intellectual property rights. |
6.3 | You acknowledge and agree that all and any intellectual
property rights (including without limitation copyright, trademark rights and patent rights) in the Content remain the property of Norseshop.com. |
6.4 | Nothing contained in the Site is to be construed as
granting any licence or right of use of any trademark displayed on the Site without the express written permission of Norseshop.com. |
6.5 | You shall not, in any event, modify Content or create any
derivative works without the prior written consent of Norseshop.com. |
7. | Disclaimer of Liability |
7.1 | The materials on the Site have been prepared for general
information purposes only. Norseshop.com and its respective directors, officers and agents: (a) exclude, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to any information or materials on Norseshop.com or any related site; (b) is under no obligation to update any information or materials on Norseshop.com, or correct any inaccuracy on Norseshop.com which may become apparent at a later time; (c) does not warrant the accuracy of any Content and save for any which cannot be excluded and any rights which a person may have under statute; and (c) disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person's dealings with them or by use of the Site whether that loss or damage is caused by any fault or negligence on the part of Norseshop.com , its directors, officers, employees and agents. |
7.2 | The Site may contain, or be linked to, advice, statements
and opinions of third parties, information providers or content providers. Norseshop.com does not warrant the accuracy, timeliness, reliability or completeness of any advice, statements and opinions contained in the Content or on any linked site. Reliance on any such advice, statements and opinions is at your own risk. |
8. | Liability and Indemnity |
8.1 | Except in relation to liability for personal injury, Norseshop.com shall be under no liability to you in respect of any loss or damage (including consequential or indirect loss or damage which includes, but it not limited to, loss of actual or anticipated profits, loss of revenue, loss of or damage to reputation, loss of business, loss of goodwill) which may be suffered or incurred or which may arise directly or indirectly in respect of use of the Site by you or in respect of a failure or omission, whether arising from Norseshop.com's negligence or otherwise, on the part of Norseshop.com to comply with its obligations under this Agreement. |
8.2 | You agree to fully indemnify and hold Norseshop.com
harmless against all and any loss, costs, expenses, demands or liability (including legal costs on a full indemnity basis), expenses, demands, actions, proceedings and liabilities, whether direct or indirect, reasonably incurred or suffered by Norseshop.com as a result of a breach by you of your obligations under this Agreement or any wilful, unlawful or negligent act or omission by you. |
9. | Termination |
9.1 | Without prejudice to any other rights Norseshop.com
may have under this Agreement or at law, Norseshop.com may terminate this Agreement at any time. |
10. | Assignment |
You cannot assign your rights under this Agreement without
the prior written consent of Norseshop.com. |
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11. | Governing Law |
The laws of the Commonwealth of New Zealand govern this Agreement and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New Zealand, in the Commonwealth of New Zealand. |
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Conditions of Use |
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