ASWEFA Terms

1. Application of Terms

  1. These Terms apply to your use of the Website. By accessing and using the Website:
    1. you agree to these Terms; and
    2. 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 the Website, and
    you must immediately stop doing so.

2. Changes

  1. We may change these Terms at any time by updating them on the 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 the Website, you agree to be bound by the changed Terms.
  2. We may change, suspend, discontinue, or restrict access to, the Website without notice or
    liability.
  3. These Terms were last updated on 30 September 2019.

3. Definitions

In these Terms:

Including and similar words do not imply any limit

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 personal information means information about an identifiable, living person

Terms means these terms and conditions titled Website Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain
parts of the Website

We, us or our means ASWEFA Ltd or an entity trading as ASWEFA

Website means www.aswefa.co.nz

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you
are acting.

4. Your Obligations

  1. 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.
  2. If you are given a User ID, you must keep your User ID secure and:

    a. not permit any other person to use your User ID, including not disclosing or providing it to
    any other person; and

    b. immediately notify us if you become aware of any disclosure or unauthorised use of your
    User ID, by sending an email to sales@aswefa.co.nz
  3. 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, the Website or any Underlying System, or otherwise
    attempt to damage or interfere with the Website or any Underlying System; and

    b. unless with our agreement, access the 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.
  4. You must obtain our written permission to establish a link to our Website. If you wish to do so,
    email your request to sales@aswefa.co.nz
  5. You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to
    comply with these Terms, including any failure of a person who accesses and uses our Website
    by using your User ID.

5. Intellectual Property

We (and our licensors) own all proprietary and intellectual property rights in the Website
(including all information, data, text, graphics, artwork, photographs, logos, icons, sound
recordings, videos and look and feel), and the Underlying Systems.

6. Disclaimers

  1. 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. the Website being unavailable (in whole or in part) or performing slowly;

    b. any error in, or omission from, any information made available through the 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 the Website. To avoid doubt, you
    are responsible for ensuring the process by which you access and use the Website
    protects you from this; and

    d. any site linked from the Website. Any link on the 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.
  2. We make no representation or warranty that the 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 the Website is not illegal or prohibited, and for your own
    compliance with applicable local laws.

7. Liability

  1. To the maximum extent permitted by law:

    a. you access and use the 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, the Website, or your access and use of (or inability to
    access or use) the Website. This exclusion applies regardless of whether our liability or
    responsibility arises in contract, tort (including negligence), equity, breach of statutory
    duty, or otherwise.
  2. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of
    the New Zealand 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.
  3. To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these
    Terms do not apply, our total liability to you under or in connection with these Terms, or in
    connection with the Website, or your access and use of (or inability to access or use) the
    Website, must not exceed NZD100.

8. Privacy Policy

  1. You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available toJanuary 2019 you. For example, we may need to have your contact information in order to provide you with updates from our Website.
  2. When you provide personal information to us, we will comply with the New Zealand Privacy Act
    1993.
  3. The personal information you provide to us (including any information provided if you register for
    an account) is collected and may be used for communicating with you, statistical analysis, the
    marketing by us of products and services to you, credit checks (if necessary), and research and
    development.
  4. We may also collect technical information whenever you log on to, or visit the public version of,
    our Website. This may include information about the way users arrive at, browse through and
    interact with our Website. We may collect this type of technical information through the use of
    cookies and other means. Cookies are alphanumeric identifiers that we transfer to your
    computer’s hard drive to enable our systems to recognise your browser. If you want to disable
    cookies, you may do so by changing the settings on your browser. However, if you do so, you
    may not be able to use all of the functions on the Website. We use the technical information we
    collect to have a better understanding of the way people use our Website, to improve the way it
    works and to personalise it to be more relevant and useful to your particular needs. We may
    also use this information to assist in making any advertising we display on the Website more
    personalised and applicable to your interests.
  5. Generally, we do not disclose personal information to third parties for them to use for their own
    purposes. However, some of the circumstances in which we may do this are:
    a to service providers and other persons working with us to make the Website available or
    improve or develop its functionality (e.g. we may use a third party supplier to host the
    Website);

    b. in relation to the proposed purchase or acquisition of our business or assets; or

    c. where required by applicable law or any court, or in response to a legitimate request by a
    law enforcement agency.
  6. Any personal information you provide to us may be stored on the secure servers of our trusted
    service providers, which may be located outside New Zealand. This may involve the transfer of
    your personal information to countries which have less legal protection for personal information
    than New Zealand.
  7. You have the right to request access to and correction of any of the personal information we
    hold about you. If you would like to exercise these rights, please email us at
    sales@aswefa.co.nz

9. Suspension & Termination

  1. 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 the Website (or any part of it).
  2. On suspension or termination, you must immediately cease using the Website and must not
    attempt to gain further access.

10. General

  1. 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.
  2. These Terms, and any dispute relating to these Terms or the 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 the Website.
  3. For us to waive a right under these Terms, the waiver must be in writing.
  4. Clauses which, by their nature, are intended to survive termination of these Terms, including
    clauses 4.5 , 5 , 6 , 7 , 10.1 , continue in force.
  5. 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.
  6. These Terms set out everything agreed by the parties relating to your use of the 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 the
    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.

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