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Site Usage Terms & Conditions  
   

1. INTELLECTUAL PROPERTY RIGHTS

Maximum Availability Limited makes various services and information (including but not limited to text, data, articles, design, source code, software, graphics, photos and images, collectively referred to as the “Content”) available on this Site, subject to our terms and conditions for use of the Site.

No part of this Site may be reproduced or retransmitted in any way, or by any means, without prior written permission from us.

The Content is protected by copyright and/or other intellectual property laws (including all rights conferred under statute, common law and equity in and in relation to inventions, designs, trademarks, trade names, logos and get up, confidential information and copyright and any other right granted by operation of law which confers protection on any written, artistic or other work created by intellectual effort and all associated intangible assets created as a by-product (including market position, brands and trade names) in relation to any work, collectively referred to as the “Intellectual Property Rights”).

Unless otherwise agreed in writing, title, ownership, rights, and all Intellectual Property Rights in any material provided by us, including but not limited to the Content shall remain at all times with us or our licensors.  You agree that you will not in any way question or dispute our / our licensor’s ownership of these Intellectual Property Rights.

2.          LINKS TO THIRD PARTY WEBSITES

The Site may contain links to websites controlled, owned or operated by third parties.  We cannot control and have no responsibility for the accuracy or availability of information provided on third party websites.  We shall have no liability of any nature whatsoever for any failure of products or services offered or advertised on third party websites.

3.          WARRANTIES AND LIABILITY

3.1     Disclaimer of Warranties

Use of the Site is at your sole risk.  The Site is provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement.  We assume no liability or responsibility for any errors or omissions relating to the Site or the Content.

You understand and agree that any Content downloaded or otherwise obtained through use of the Site is done at your own discretion and risk.

3.2     Limitation of Liability

(a)        To the fullest extent permissible under applicable laws, we shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of your access to, use of, inability to use or reliance on the Site even if we are advised of the possibility of such damages.

(b)        If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using and leave the Site immediately.

4.          YOUR RESPONSIBILITIES

You are fully responsible for the safekeeping of your password (if you have access to the Customer or Partner Portals) and for all use of or access to the Site by anyone using your password.

You must:

(a)        Advise us promptly if any of your information changes from that previously supplied;

(b)        Use the Site for lawful purposes only;

(c)        Not interfere with, disrupt or access any part of the Site for which you have not been authorised by us in writing.

5.          GOVERNING LAW

These terms and conditions (and your use of the Site) are governed by and shall be construed in accordance with the law of New Zealand and you irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand.

6.          PERSONAL INFORMATION

You acknowledge and accept the terms of our Privacy Policy. We believe it is important that you know how we treat information that we receive from you through this Site.  We undertake to comply with the terms of our Privacy Policy.