Terms of Use

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.

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