YOUR USE OF OUR WEBSITE
1. Welcome to the Website of Toxinform Limited (we, us, our). These Terms apply to your use of our Website. By accessing and using it:
a. you agree to these Terms; and
b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
2. If you do not agree to these Terms, you are not authorised to access and use our Website, and you must immediately stop doing so.
3. We may change these Terms at any time by updating them on our Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use our Website, you agree to be bound by the changed Terms.
4. We may change, suspend, discontinue, or restrict your access to, our Website without notice or liability.
5. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
6. You must:
a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, our Website or any Underlying System, or otherwise attempt to damage or interfere with our Website or any Underlying System; and
b. unless with our agreement, access our Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
7. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to us at the contact details on our Website.
8. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.
OUR INTELLECTUAL PROPERTY
9. We (and our licensors) own all proprietary and intellectual property rights in our Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
10. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a. our Website being unavailable (in whole or in part) or performing slowly;
b. any error in, or omission from, any information made available through our Website;
c. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use our Website. To avoid doubt, you are responsible for ensuring the process by which you access and use our Website protects you from this; and
d. any site linked from our Website. Any link on our Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
11. We make no representation or warranty that our Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of our Website is not illegal or prohibited, and for your own compliance with applicable local laws.
EXTENT OF LIABILITY
12. To the maximum extent permitted by law:
a. your access and use of our Website at your own risk; and
b. we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, our Website, or your access and use of (or inability to access or use) our Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
13. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
14. To the maximum extent permitted by law and only to the extent clauses 12 and 13 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with our Website, or your access and use of (or inability to access or use) our Website, must not exceed NZD100.
SUSPENSION AND TERMINATION
15. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to our Website (or any part of it). On suspension or termination, you must immediately cease using our Website and must not attempt to gain further access.
16. How we communicate: If we need to contact you, we may do so by email or by posting a notice on our Website. You agree that this satisfies all legal requirements in relation to written communications.
17. Disputes: These Terms, and any dispute relating to these Terms or our Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or our Website.
18. Waiver: For us to waive a right under these Terms, the waiver must be in writing.
19. Continuing Terms: Clauses which, by their nature, are intended to survive termination of these Terms (such as clauses 5 to 11 (inclusive) and clause 16) continue in force.
20. Severability: If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
21. Entire Agreement: These Terms set out everything agreed by the parties relating to your use of our Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to our Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
22. In these Terms:
23. Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost,
including legal costs on a solicitor and own client basis
Underlying System means any network, system, software, data or material that underlies or is connected to our Website
Website means toxinform.com and toxinform.co.nz
You means you or, if clause 1.b applies, both you and the other person on whose behalf you are acting.