TERMS AND CONDITIONS
AIMY PLUS WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE AIMY PLUS WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY. (Last update - 10 July 2016)
These aimy Plus Website Terms and Conditions of Use (Conditions) set out the terms and conditions upon which Aimy New Zealand Limited (we or our or us) makes available to any person (you or your) this aimy Plus website (Website), and the information and content available on this Website (Content).
If you do not accept these Conditions, then you should exit the Website, and you will have no right to access or use the Content. Your continued accessing or use of the Website and Content will be regarded as acceptance by you of these Conditions.
These Conditions of Use will not apply to any user to the extent that these Conditions are inconsistent with any user terms agreed between us and any authorised user in connection with an aimy Plus subscription.
1. ACCESS TO WEBSITE
- To use the Website and access the Content, you will need compatible devices and operating systems, and internet access. It is your responsibility to ensure that your software, hardware and systems are able to operate with the Website and Content.
- We may at any time decline to allow you access to the Website, or any Content, and we are not obliged to state a reason for such action. We may also at any time and without any notice to you modify, suspend, limit, relocate, remove, or disable access to, the Website or any Content, and we will not be liable to you as a result of any such actions.
- You must not attempt to do any of the following things:
- use the Website in any unlawful manner;
- damage, disable, interfere with or harm the Website, or any network or system underlying or connected to the Website, in any way whatsoever;
- modify, adapt, translate, reverse engineer or decompile any part of the Website, or any software comprising or underlying the Website, or in any manner attempt to derive the source code of any such software;
- use any robot, spider, site search/retrieval application, or other device or technological process to retrieve or index any portion of the Website, except as expressly authorised by us in writing; or
- encourage, assist or direct any other person to do any of the things set out in paragraphs (a) to (d) above.
If you do any of these things, you will be responsible to us for any losses, damages, costs or expenses incurred or suffered by us as a result.
2. INTELLECTUAL PROPERTY RIGHTS
- The Website is provided to users who wish to find information about our aimy Plus subscription service, and it contains resources and information to assist users or prospective users of that service. We grant to you and you accept, a non-exclusive, non-sublicensable, non-transferable licence to access the Website and use the Content solely for such purpose. Users may be entitled to access or use additional Content or Website features in accordance with the applicable user terms agreed between us and them in connection with an aimy Plus subscription.
- You acknowledge that:
- the Website and Content are of significant commercial value to us and our licensors;
- all copyright, trade marks, database rights and other intellectual property rights in the Website and Content are owned by us or our third party licensors; and
- except as expressly stated in these Conditions, no right or licence is granted to you in relation to the Website and Content.
- You may not do any of the following:
- copy any of the Content unless expressly permitted by us to do so;
- compile or extract the Content for the purpose of making such information available to others (whether as a directory or otherwise) with a view to a profit or for a fee or other consideration; or
- use any proprietary trade mark of us or our licensors in a manner that is reasonably considered by us or our licensors to be a misuse or appropriation of that trade mark.
4. THIRD PARTY SITES
- We are not responsible for any content or information on any website that is linked to the Website (including any content or information on any website of any advertiser), as we have no control over such websites. We include such links for your convenience and you should not consider such linking as an endorsement by us of any business, product, service or information on that website.
- You acknowledge that:
- in accessing or using the Website or Content, you do not rely on any representation, warranty, term or condition that is not expressly provided in these Conditions; and
- all conditions, warranties or other terms implied by statute or common law are excluded from these Conditions, to the fullest extent permitted by law.
- Without limiting the scope of clause 5.1 we do not give any warranty, representation or undertaking:
- about the efficacy or usefulness of the Website or Content, or about any fitness for a particular purpose or merchantability;
- that the Website or Content will be free from bugs, defects, errors or outages; or
- that any Content will be accurate or complete.
- Without limiting clauses 5.1 or 5.2, our maximum liability to you (whether in contract, tort, negligence or in any other way) arising out of any and all claims under these Conditions or relating to the Website or Content, will not in any circumstances exceed in aggregate NZ$10.00.
- In no event will we be liable (whether in contract, tort, negligence or in any other way) to you for:
- loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or
- loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,
arising directly or indirectly from the Website or Content or these Conditions, even if we had been advised of the possibility of such loss, damage, cost or expense, and even if such loss, damage, cost or expense was reasonably foreseeable by us.
- You may not bring any proceedings under these Conditions in relation to any act or omission of us, or any breach by us of these Conditions, more than two years following the date the you first became aware of the relevant act, omission or breach.
- None of the exclusions or limitations set out in these Conditions is intended to limit or exclude any form of liability that cannot be so limited or excluded under applicable law.
- We may amend these Conditions from time to time. Any such amendments will be effective immediately, unless we state otherwise. You are responsible for reviewing these Conditions regularly to obtain timely notice of any such amendments.
- Your continued use of the Website will constitute your acceptance of any changes or revisions to these Conditions.
- The rights granted to you under these Conditions are personal to you. You may not assign, sub- license or transfer any of your rights or obligations under these Conditions to any other person without our prior written consent. We may assign, transfer or novate any or all of our rights and obligations under these Conditions without requiring your written consent.
- These Conditions embody the entire agreement of the parties in relation to the subject matter of these Conditions and supersede all prior understandings, communications and representations between the parties, whether oral or written. The parties acknowledge that they do not rely on any representation, agreement, term or condition that is not set out in these Conditions.
- No failure or delay by us in exercising any right or remedy under these Conditions will be construed or operate as a waiver of such right or remedy. No single or partial exercise by us of any right or remedy will preclude the further exercise of such right or remedy.
- These Conditions will be governed by the laws of New Zealand, and the parties submit to the non- exclusive jurisdiction of the Courts of New Zealand.