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Terms & Conditions

Effective 01 August 2023


Usage Overview


This website (“Site”) is operated Gilh9vszuj, (“Our”, “We”, or “Us”). These terms of service (“Terms of Service”) apply to our Site and any other online service or mobile application that posts a link to these terms of service, as well as any features, widgets, plug-ins, content, downloads or other services that are offered, or such other online service or application (collectively, the “Services”). Throughout these Terms of Service the words “You” and “Your” refer to the user visiting the Site or utilising the Services. These Terms of Service set forth the legally binding terms for Your use of the Services. By accessing or using the Services in any manner, you signify your agreement to: (i) these Terms of Service, (ii) Our Site Privacy Policy, (iii) any other legal notices, conditions, guidelines located within the Services, (including the Site). These Terms of Service will apply regardless of how you access or use the Services, whether it be via computer, tablet, mobile device, smart watch, console, or otherwise (“Smart Product”). If You do not agree to the Terms of Service and Our Site Privacy Policy, please exit now and do not use the Services.



Age Restrictions


The Services are not available to individuals under the age of 18.


You are solely responsible for ensuring that Your use of the Services is in compliance with all laws, rules and regulations applicable to You. If the applicable law in the jurisdiction in which You reside requires that You must be older than 18 to use the Services, then the minimum age is the age that is mandated by such applicable laws. The right to access the Services is revoked in those jurisdictions where these Terms of Service or use of the Services are prohibited; or to the extent that the offer, sale or provision of the Services conflicts with any applicable law, rule or regulation.



Important Disclaimers


The Services should not be used or relied on as an emergency locator system, used while driving or operating vehicles, used in connection with any hazardous environments requiring fail-safe performance, or used in any other circumstances in which the failure or inaccuracy of that application or the Service could lead directly to death, personal injury, or severe physical or property damage.


You acknowledge and agree that We have offered the Services, set its prices, and entered into these Terms of Service in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that (i) the warranty disclaimers and the limitations of liability set forth in these Terms of Service reflect a reasonable and fair allocation of risk between You and Us, (ii) the warranty disclaimers and the limitations of liability set forth in these Terms of Service form an essential basis of the agreement between You and Us, and (iii) We would not be able to provide the Services to You on an economically reasonable basis without these limitations and disclaimers.



Modification to These Terms of Service


We may revise these Terms of Service at any time, with or without notice, by updating this page or notifying You, and such ‎revisions will be effective upon posting to this page. Please check these Terms of Service periodically for any ‎changes. Your continued use of the Services following the posting of any revisions to these Terms of Service will ‎mean You accept those changes. We reserve the right to alter, suspend or discontinue any aspect of ‎the Services, including Your access to them. Unless explicitly stated, any new features will be subject to ‎these Terms of Service.



Ownership and Proprietary Rights


The content, visual interfaces, information, graphics, design, compilation, software and all other elements of the Services (collectively, the “Materials”) are protected by New Zealand copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All Materials are Our property, or the property of Our affiliated companies and/or third-party licensors. Materials are patented or patent pending in New Zealand and other jurisdictions. All trademarks, service marks, and trade names displayed through the Services are proprietary to Us, Our affiliated companies and/or third-party licensors. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, lease, loan, resell, or otherwise exploit the Materials. You agree not to disclose, publicly perform, transmit, distribute or provide the Materials to any other party. Furthermore, You may not: modify, disassemble, decompile or reverse engineer the Services and/or Materials, except to the extent that such restriction is expressly prohibited by ‎law.‎



Third-Party Sites, Products, and Services


The Services may include links to other web sites, products, offers, or services solely as a convenience to users. In the course of providing the Services, We may also make recommendations with respect to third-party services or resources that are commonly used or popular with Smart Product(s) (e.g., third-party applications). We do not review or endorse any third-party sites, services, resources, or information, material, products or services contained on or accessible through other third-party sites, services or resources. Viewing a linked site, accessing and using the information, materials, products or utilising outside services and resources is done entirely at Your own risk. Accordingly, We encourage You to be aware when You leave the Services or use a recommended resource or service and to read the terms and conditions and privacy policy of each such third-party site, service, or resource that You visit or use. Furthermore, We make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites.



Account Information


The Services are not available to any users suspended or removed from the Services by Us. Where you are required by us to register with the Services, You agree that the information You provide to Us upon registration and at all other times will be true, accurate, current and complete. You also agree that You will ensure that this information is kept accurate and up to date at all times.



Password


When you register with the Services, You may be asked to create a password. If you do create a password, You will be responsible for all activities that occur under Your password, so You should keep Your password strictly confidential at all times and follow industry best practices for protecting Your account.


YOU MUST NOTIFY US IMMEDIATELY OF ANY UNAUTHORISED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL.


We reserve the right to suspend Your account and/or require You to alter Your password if We believe for any reason that Your password is no longer secure.


YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.



Payment Terms, Cancellation, and Refund Policy


Fees, if any, to be charged to You for Your use of the Services, are disclosed when You register for the Services. You agree to pay any fees due for and incurred by Your use of the Services.


Any additional fees to be charged for Your use of the Services following registration will be disclosed to You before We request payment and will be charged only after You provide Your payment details. We will make any purchased features available for download or use as soon as We accept Your order.


Once You cancel the Services You will not be charged again, but You are responsible for whatever charges have already been incurred for the current billing period. Please keep in mind, unless otherwise required by applicable law, a cancellation by You will not generate a refund – it will only stop future charges.



Credit/Debit Card Transactions


We may retain credit/debit card details (if any) You provide to Us after payment (if any) has been made if You provide Us with consent, if required by Our payment processor, or otherwise required by law. We do not maintain any security code that You may have given to Us in order to complete payment of the fees, if any. This assists in reducing credit/debit card fraud. Our payment processor is PCI-compliant. Except in exceptional circumstances, any refund We provide to You for any payment You have made by credit/debit card is made back to the credit/debit card account used to make the initial payment.



Usage Rules and Prohibited Conduct


YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:


use the Services or any location information displayed within the Services to stalk, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store location or personal information about others;

use the Services if you are under the age of 18 years old;

use the Services for any commercial or non-private use without Our written consent, it being understood that the Services are intended for individual, non-commercial use only;

use the Services for any illegal purpose, or in violation of any local, state national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

make unsolicited offers, advertisements, proposals, or send junk mail, to other users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of other users;

misrepresent the source, identity or content of information transmitted via the Services;

remove, circumvent, disable, damage, reverse engineer, or otherwise interfere with security-related features of the Services, digital rights management technologies that are integrated in the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services;

intentionally interfere with or damage operation of the Services or any user’s enjoyment of the Services, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

attempt to gain unauthorised access to the Service, or any part of it, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;

use any robot, spider, scraper or other automated means to access the Services for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Services or modify the Services in any manner or form, nor to use modified versions of the Services, including without limitation for the purpose of obtaining unauthorised access to the Services; or

sell or transfer or allow another person to access your account password, profile, or account, if any.



Suspension, Violations and Termination of Service


We reserve the right, but have no obligation, to monitor any User’s registration or use of the Services. We reserve the right to disable, suspend or terminate Your access to the Services for any reason and without any notice, unless otherwise prohibited by law. You agree that We, in the good faith belief that You have violated any of the terms and conditions of these Terms of Service, may terminate any account or subscription, if any, (or any part thereof) for the Services and remove and discard all or any part of Your account at any time. You agree that any termination of Your access to the Services or any portion thereof may be impacted without prior notice, and You agree that We will not be liable to you or any third-party for any such termination nor obligated to reimburse you for payments made to Us (if any) unless otherwise required by applicable law. These remedies are in addition to any other remedies We may have at law or in equity.



Indemnification and Disclaimer of Warranties


You agree to indemnify and hold Us, Our affiliates and licensors, and Our or their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), demands, losses and expenses (including legal and other professional fees) arising from or in any way related to Your use of the Services and/or Materials, any violation of these Terms of Service, or any other actions connected with Your use of the Services and/or Materials. We ‎reserve the right, on notice to You, to assume ‎exclusive defence and control of any claim or ‎action, subject to ‎indemnification by You, without relieving You of Your indemnification ‎‎obligations hereunder. Upon learning of a claim by a third party that Your ‎use violates or ‎allegedly violates a third party’s rights, You agree to ‎promptly notify Us of any ‎such claim. You agree to ‎cooperate with Us as reasonably required in the defence of any such ‎‎claims, and You shall not in any event settle any such claim or matter ‎without the written consent ‎of Us. ‎In the event of such claim, We will provide notice of the claim, suit or action to the contact information We have for the account, provided that any failure to deliver such notice to You shall not eliminate or reduce Your indemnification obligation hereunder.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:


(a) YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR SOLE RISK. THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


(b) WE DO NOT WARRANT THAT (i) THE SERVICES OR MATERIALS WILL MEET ALL OR ANY OF YOUR REQUIREMENTS; (ii) THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY DEFECTS OR ERRORS IN THE SERVICES OR MATERIALS WILL BE CORRECTED.


(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SMART PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


(d) NO ADVICE, RECOMMENDATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.


Documents, information, graphics and other Materials appearing on the Site or the Services may include ‎technical ‎inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such ‎documents, information, graphics or other Materials is at Your own risk.‎


SEE BELOW FOR IMPORTANT LIMITATIONS ON THE ‎TERMS OF THIS ‎SECTION.



Limitation of Liability and Damages


YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COVERED ENTITIES AND PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES OR MATERIALS, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) COVER, OR (iii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES OR MATERIALS; (2) UNAUTHORISED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (5) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; (6) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICES; OR (7) ANY OTHER MATTER RELATING TO THE SERVICES OR MATERIALS.



NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.



Dispute Resolution


YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL COURT ACTION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.


Resolution of Disputes. You agree that all disputes between You and Us (whether or not such dispute involves a third party) with regard to these Terms of Service or Your use of the Services will be resolved by proceedings in the applicable courts with jurisdiction in New Zealand, which courts shall have exclusive jurisdiction.



Class Action Waiver


Neither You nor We shall be entitled to join or consolidate claims under or relating to these Terms ‎of Service by or against other individuals or entities or litigate or pursue any claim as a representative ‎member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE ‎YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ‎ACTION WHATSOEVER. A court may sever any portion of this dispute resolution provision if ‎it finds such unenforceable.‎



Severability and Waiver


If in any cause of action brought forth by You, in any court of law, having the jurisdiction to decide on this matter, a court rules that any provision of these Terms of Service are invalid, then that provision will be given no effect for the limited purpose of adjudicating the cause of action, without affecting the rest of these Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.


Our failure to enforce any part of these Terms of Service shall not constitute a waiver of Our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future. In order for any waiver of compliance with the Terms of Service to be binding, We must provide you with written notice of such waiver through one of Our authorised representatives.



Entire Agreement


These Terms of Service state the entire agreement with regard to the items discussed above regarding the Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Us with respect to the Services.


We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control including, without limitation, mechanical, electronic or communications failure or degradation.


These Terms of Service are personal to You, and are not assignable, transferable or sublicensable by You except with Our prior written consent. We may assign, transfer, sub-contract or delegate any of Our rights and obligations hereunder without consent.



BY USING THIS SERVICE, YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.