Conditions of Use

Terms and conditions policy

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;
"" means trading under the business name '' of PO Box 5691, Lambton Quay, Wellington, New Zealand;
"Site" means all or any of the applications contained on;
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 may at any time, in its sole discretion, amend, vary or modify these terms and conditions.
2.3 may give notice on 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 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) 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. 's liability for such an
event is limited to the resupply of those files.
4. Provision of Service
4.1 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 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; or
(c) if you do, or allow to be done, anything which in 's opinion may have the effect of jeopardising
the operation of the Site.
4.2 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 from time
to time to enable you to use the Site. You agree to notify 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
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
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
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
6.5 You shall not, in any event, modify Content or create any
derivative works without the prior written consent of
7. Disclaimer of Liability
7.1 The materials on the Site have been prepared for general
information purposes only. 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 or any related site;
(b) is under no obligation to update any information or materials on, or correct any inaccuracy on
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 , 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. 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, 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's negligence or otherwise, on the part of to comply with its obligations under this
8.2 You agree to fully indemnify and hold
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 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 may
have under this Agreement or at law, may
terminate this Agreement at any time.
10. Assignment
You cannot assign your rights under this Agreement without the prior
written consent of
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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