TERMS AND CONDITIONS
Application of Terms
- If you accept these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms.
- We can change these Terms at any time by providing you at least 30 days’ prior notice of the change, whether via our Site, by sending you an email. Your continued use after that notice means that you agree to the changed Terms.
- The following words and phrases have specific meanings wherever you see them used in these Terms:
- Content means computer code, text, graphics, images, music, software, audio, video, information or other digital materials.
- Site means the TPEL website at www.williampike.co.nz.
- TPEL means the Pike Experience Limited registered under company number 2160545 with its registered office c/o Good for Business, Level 3 33-45 Hurstmere Road, Takapuna, Auckland, 0622 , New Zealand, and our, us and we used in these Terms refer to TPEL.
- You means the person who accepts these Terms in accordance with clause 1.1.
Intellectual Property Rights
- We are the owner or the licensee of all intellectual property rights in the site (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel). Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world. All such rights are reserved.
- You must not reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the site or anyone else’s Content, without our express prior written permission.
- We do not guarantee that the site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the site. You should use your own virus protection software.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any Content from the site, or on any website linked to the site.
- You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of-service attack.
Disclaimers and limitation of liability
- If you choose to use the site, you do so at your own risk.
- the site and any Content we have uploaded to the site are provided without warranty of any kind, either express or implied. We make no warranty that the site or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the site and any Content on it, whether express or implied.
- We will not be liable to you or other third party for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the site or Services;
- any contact you have with other Members whether in person or online; or
- use of or reliance on any Content displayed on the site.
- If, notwithstanding the disclaimers contained in these Terms, if a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising under or incidental to these Terms, our total aggregate liability will be limited to the lesser of:
- the sum paid by you to use the site; or
- the sum of $100.00.
- 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.
- You agree to indemnify, and hold TPEL and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to or use of the site, Services or your violation of these Terms.
- If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
- We may assign or transfer these Terms, at our sole discretion, without restriction. You may not assign or transfer your rights under these Terms without our prior written consent, which may be withheld in absolute discretion.
- Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TPEL:
- via email (in each case to the address that you provide) or
- via the site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is sent.
- These Terms shall be governed by and construed in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms or their termination.
- No failure or delay by TPEL to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
- No single or partial exercise of such right or remedy by TPEL shall prevent or restrict the further exercise of that or any other right or remedy.
- If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be severable and deemed to be deleted, and shall not affect the validity, legality or enforceability of the remaining provisions.
- If you have any questions or concerns in relation to the site or these Terms, please contact us at firstname.lastname@example.org.
- These terms were last updated on 13th November 2019.