Last updated: 1 November 2014
The Mi9 New Zealand websites including mi9.co.nz ("Website")
are owned and operated by Mi9 New Zealand Limited ("Mi9 NZ").
Your access to the Website is conditional upon your acceptance and compliance
with the Privacy Policy as
well as the terms, conditions, notices and disclaimers contained in this
document and elsewhere on the Website (known collectively as "Terms of
Use"). Your use of, and/or access to, the Website constitutes your consent
and agreement to the Terms of Use and Privacy
Policy. Mi9 NZ reserves the right to update these Terms of Use at
any time, so please check back for future changes.
* Intellectual
property and restrictions on use of Content on the Website
* Trade
marks
* User
licence
* Advertising,
links to third party websites and e-commerce offers
* Disclaimer
and limitation of liability
* Communication
facilities
* Reporting
* Amendments
* Termination
* Indemnity
and governing law
Intellectual property and
restrictions on use of Content on the Website
All information, text, material, graphics, software and
advertisements on the Website ("Content") are copyright works
of Mi9 NZ, its suppliers and/or licensors unless expressly indicated otherwise
on the Website. The Content is protected by New Zealand and international
copyright and trademark laws. Content on the Website may be published in
real-time, and you must not modify, copy, reproduce, republish, frame, upload
to a third party, post, transmit or distribute this Content in any way except
as expressly provided for on the Website or expressly authorised in writing by Mi9
NZ or its affiliates.
Strictly on the condition that you keep all Content
intact and in the same form as presented on the Website (including without
limitation all copyright, trademark and other proprietary notices and all
advertisements), you may: a) using an industry-standard Web browser, download
and view the Content for your personal, non-commercial use, or b) if you are an
Internet service and/or access provider, supply the Content to your subscriber.
You must not use the Website in any manner or for any purpose which is unlawful
or in any manner which violates any right of Mi9 NZ or an affiliate or which is
prohibited by the Terms of Use.
Mi9 NZ does not permit any commercial use of the Website
without our express written agreement.
Trade marks
The trade marks displayed on
the Website are trade marks of Mi9 NZ, its affiliates or of their respective
owners. Nothing contained on the Website should be construed as granting any
licence or right of use of any trade mark displayed on the site without the
prior express written permission of the relevant trade mark owner (Mi9 NZ, the
relevant Mi9 NZ affiliate or third-party owner).
Microsoft Corporation trade marks include: Outlook,
Skype, Live Search, Passport Network, Bing
User licence
By placing any information
or other material on the Website (including posting messages, uploading files,
inputting data or engaging in any other form of communication), you grant to Mi9
NZ a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted,
worldwide licence to do the following in respect of the information or
material:
*use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display in any media, and
*
sublicense
to any third parties the unrestricted right to exercise any of the foregoing
rights granted.
The foregoing grant includes the right to exploit all
proprietary rights in any such information or other material, including but not
limited to rights under copyright, trademark, service mark or patent laws under
any jurisdiction worldwide. You expressly consent to and waive in favour of Mi9
NZ and any other party authorised by Mi9 NZ, all moral rights and any similar
rights in any jurisdiction which you may have or hereafter acquire in respect
of any relevant communication or other material. For clarity, you consent to
Mi9 NZ and any other party authorised by Mi9 NZ to act or omit to act in any
way that would otherwise contravene your moral rights. At the request and
expense of Mi9 NZ, you will execute and deliver to Mi9 NZ such instruments and
take such other actions as may be required to carry out or confirm this grant
of licence, consent and waiver.
Advertising, links to third
party websites and e-commerce offers
The Website contains hyperlinks and other pointers to
Internet websites operated by third parties. These linked websites are not
under the control of Mi9 NZ and Mi9 NZ is not responsible for the contents or
availability of any linked website or any hyperlink contained in a linked
website. Mi9 NZ provides these hyperlinks to you as a convenience only, and the
inclusion of any link does not imply any endorsement of the linked website by Mi9
NZ or its affiliates. You link to any such website entirely at your own risk.
The Website may also contain third party advertisements
(including banner ads and full page advertisements) which contain embedded
hyperlinks or which include referral buttons to websites operated by third
parties or their licensees or contractors. All third party advertising
(including referral buttons and embedded hyperlinks) is paid for by the
relevant third party advertisers and are not recommendations or endorsements by
Mi9 NZ or its affiliates or their respective directors or employees. You are
referred to the relevant advertiser for all information regarding the
advertiser and its products and/or services.
In some instances, the advertisement may contain
representations or offers by the third party advertiser which you can accept by
linking to the advertiser's website and executing the relevant transaction.
Such offers are not made by Mi9 NZ, and the third party advertiser is solely
responsible to you for the delivery of any goods or services you purchase on
the third party website.
Disclaimer and limitation of
liability
Legislation such as the Fair Trading Act or the Consumer
Guarantees Act may confer rights and remedies on you in relation to the
provision by Mi9 NZ of goods or services on the Website which cannot be
excluded, restricted or modified ("Non-excludable Rights"). Mi9
NZ does not exclude any Non-excludable Rights but, to the maximum extent
permitted by law, does exclude all other conditions and warranties implied by
custom, law or statute.
Except as provided for by the Non-excludable Rights:
a) all
Content is provided "as is" and without warranties of any kind,
either express or implied;
b) Mi9
NZ and its suppliers expressly disclaim all warranties of any kind, including
but not limited to implied warranties of merchantability and fitness for a
particular purpose;
c) Mi9
NZ does not warrant that the functions contained in any Content or any
Communications Facility or your access to the Website will be uninterrupted or
error-free, that any defects will be corrected or that the Website or the
server which stores and transmits Content to you are free of viruses or any
other harmful components;
d) Mi9
NZ does not warrant or make any representation regarding your access to, or the
results of your access to, the Website (including any related or linked
websites) or any Content in terms of correctness, accuracy, timeliness,
completeness, reliability or otherwise;
e) Mi9
NZ does not warrant or make any representation regarding the accuracy or
reliability of the Content;
f) you
(and not Mi9 NZ) assume the entire cost of any necessary verification,
maintenance, repair and/or correction of any relevant Content. Mi9 NZ reserves
the right to change, delete or move any Content at any time without notice; and
g) you
acknowledge and agree that the comments or opinions contained in the
Communication Facilities are not the comments or opinions of Mi9 NZ, and Mi9 NZ
accepts no liability in relation to material posted including its content or
accuracy.
You use this Website at your own risk. Unless expressly
specified otherwise, the Website content is provided for your information
only. It is not intended as advice as you should not rely on it as such. You
must make your own assessment of the suitability of the Content for your own
purposes. You should verify any important information we may provide and seek
independent advice suited to your specific circumstances prior to making any
decisions. You are solely responsible for the actions you take in reliance on
the Content on or accessed through this website.
Under no circumstances (including but not limited to any
act or omission on the part of Mi9 NZ) will Mi9 NZ or its affiliates be liable
for any indirect, incidental, special and/or consequential damages or loss of
profits whatsoever which result from any use or access of, or any inability to
use or access, the Website or any Content. You expressly acknowledge and agree
that Mi9 NZ does not exert control over users of the Website (including
individuals referred to on the Website as guests and experts) and is not liable
either for their opinions or their behaviour, including any information and/or
advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Mi9 NZ's
liability for breach of any implied warranty or condition which cannot be
excluded is limited at the option of Mi9 NZ to the following:
in the case of services supplied or offered by Mi9 NZ,
*
the
supply of the services again, or
*
the
payment of the cost of having services supplied again; and
in the case of goods supplied or offered by Mi9 NZ,
*
the
replacement of the goods or the supply of equivalent goods,
*
the
repair of such goods,
*
the
payment of the cost of replacing the goods or acquiring equivalent goods, or
*
the
payment of the cost of having the goods repaired.
Communication facilities
The Website may from time to time contain communication
facilities, which provide for feedback by users to Mi9 NZ, real-time
interaction between users (including individuals referred to as guests and
experts) and other electronic messaging and notice services ("Communication
Facilities").
By providing the Communication Facilities Mi9 NZ does not
endorse, support, sanction, encourage, verify or agree with any comments,
opinions or statements posted by users.
If you register to use the Communication Facilities you
must provide accurate registration information. Your right to use the
Communication Facilities is personal to you. You must not authorise others to
use your registration details. You are responsible for everything recorded
under your registration details.
It is a condition of your use of any Communication
Facility and your access to the Website that you do not do any of the
following:
*
restrict
or inhibit any other user from using or enjoying any forum;
*
post
or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar,
pornographic, profane or indecent information or material of any kind,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offence, give rise to civil liability
or otherwise violate any applicable law;
*
post
or transmit any material of any kind which violates or infringes upon the
rights of any other person, including material which is an invasion of any
privacy or publicity rights or which is protected by copyright, trademark or
any other proprietary right or derivative works with respect thereto, without
first obtaining permission from the owner or relevant right holder;
*
post
or transmit any material of any kind which contains a virus or other harmful
component;
*
post,
transmit or in any way exploit any material of any kind for commercial purposes
or which contains any promotional material or advertising;
*
delete
any author attributions, legal notices or proprietary designations or labels in
any file that is uploaded;
*
download
any file posted by any other user of a forum if you know, or reasonably ought
to know, that the file cannot legally be distributed in such manner;
*
run
network or website scanning software or use open relay to distribute messages;
*
create
or use a false identity for the purpose of misleading others as to the identity
of the sender or origin of any message; or
*
post
or transmit any material which is encrypted or constitutes junk mail or spam,
including sending unsolicited emails, bulk email or distribution to multiple
discussion groups, distributing chain letters, pyramid schemes or hoaxes.
Mi9 NZ may from time to time monitor or review the
contents of its Communication Facilities. While Mi9 NZ reserves its right to
edit, refuse to post or to remove any information and/or materials (in whole or
in part) that in Mi9 NZ's sole discretion is in any way objectionable or in
violation of any applicable law or the Terms of Use, Mi9 NZ has no obligation
whatsoever to monitor any Communication Facility or to edit, delete or refuse
to post such contents, nor is Mi9 NZ responsible for any contents in any
Communication Facilities (including any information, comments and/or advice of
any individual referred to as guest or expert whose statements on the Website
are solely their own). You expressly acknowledge and agree that the
Communication Facilities provide a means of public and not private
communications.
Mi9 NZ retains the right and discretion to terminate your
access to any Communication Facility if we believe you are abusing the service
or breaching any of these terms or conditions.
Mi9 NZ reserves the right to
cooperate fully with any law enforcement authority in any jurisdiction in
respect of any lawful direction or request to disclose the identity or other
information in respect of anyone posting any materials which violate any
applicable or relevant law, and in doing so you consent to us collecting and
storing your IP address.
Reporting
If you think that any
content on the Website is unlawful or breaches these Terms of Use, please use
the report here.
Amendments
Mi9 NZ may amend the Terms of Use at any time without
notice. Any amendments are effective as soon as they are posted. You should
check and read these Terms of Use regularly. By continuing to use this site
after any such amendment, you are deemed to have agreed to the amended Terms of
Use.
Termination
The
Terms of Use are effective until terminated by Mi9 NZ, and Mi9 NZ may terminate
this agreement and your access to the Website and/or our services at any time
without notice on any reasonable grounds including but not limited to
*
breach
of these Terms of Use ;
*
request
by law enforcement authorities or agencies ;
*
discontinuation
or modifications to our services;
*
technical
issues or problems ;
*
non-payment
of any fess owed by you in relation to any services; and
*
where
we suspect you have used the services for a fraudulent or illegal purpose.
In the event of termination, you are no longer authorised
to access the Website, but all restrictions imposed on you, licenses granted by
you and all Mi9 NZ disclaimers and limitations of liability set out in the
Terms of Use will survive.
Indemnity and governing law
Mi9 NZ relies on your continued observance of these Terms
of Use. If Mi9 NZ suffers any loss or damage or incurs any costs in connection
with any breach of these Terms of Use or any other legal obligation then you
agree to indemnify Mi9 NZ for those losses, damages and costs.
This agreement will be governed by and construed in
accordance with the laws of New Zealand. You irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of New Zealand. If any
provision of this agreement is found to be invalid or unenforceable by a court
of law, such invalidity or unenforceability will not affect the remainder of
the agreement, which will continue in full force and effect.