Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern Data Cubed Limited’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

General

Data Cubed Limited is the owner and publisher of the content contained in this website (referred to as “our”, “us”, “we”).

As a user of this website (referred to as “you” and “your”), you are subject to these terms. If you do not accept these terms, you should refrain from using this website.

We reserve the right to revise these terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. By continuing to use this website after such publication, you agree to be bound by these terms as revised. You should therefore periodically visit this page to determine the current terms.

Any reference to “website” means the whole or any part of the web pages located at this URL or domain (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Terms

The use of this website is subject to the following terms of use:

The information contained in this website is for general information purposes only. It is subject to change without notice. The information is provided by Data Cubed Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk and for which we shall not be liable. This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound and video recordings and all software relating to this website, are owned by us, or in some cases, a related body corporate or third party, and unless stated, is copyright. These intellectual property rights are protected by New Zealand and international laws.

You may view our website and its contents for personal and non-commercial use only, and as such, this is subject to copyright law and the Copyright Act 1994. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third-party material, from the owner of the copyright in that material.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

From time to time this website may also include links to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Data Cubed Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website. We reserve the right to make changes at any time and without notice to you, to any element of this website.

To the extent permitted by New Zealand law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website or any other website.

Other Websites

Please note that although this site may have some hyperlinks to other third-party websites, these sites have not been prepared by us and are not under the control of us. These links are provided for convenience only and may not remain current nor maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third-party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We are not responsible for the availability of any of these links.Secure Data

Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect the information, we do not warrant and cannot ensure the security of any information you transmit to us. You, therefore, transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please immediately contact our privacy team at privacy@datacubed.nz

Malware

Given the nature of the internet, we cannot guarantee that this website is free from malware, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this website will be uninterrupted, error-free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.

You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Warranties

We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

We do not, nor do our employees and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, the information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

The use of information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breaches of the Fair Trading Act 1986.

This website and these terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these terms.

The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.

Severability

If any provision of these terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms, which will continue in full force and effect.

Changes to these terms

We may, from time to time, add or remove information, products or services from this website without notice.
We reserve the right to amend these terms at any time without notice, and we may terminate your access to this website at any time without notice. Your continued use of this website will represent an agreement by you to be bound by the terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these terms will survive.

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