By viewing and using the www.fear-less.co.nz website you are considered to agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, you must stop accessing and using our website. We reserve the right to change these terms and conditions at any time by notifying users of the existence of the amended terms and conditions through our website. By continuing to access our website, you agree to be bound by the amended terms and conditions.
- Registration and accounts
By registering on our website, you consent to receiving marketing, promotional and other material by way of electronic messages from us. You will ensure that all usernames and passwords required to access our website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account and limit your access to our website.
- Your obligations
(a) not act in a way, or use or introduce anything (including any virus, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the website or any network, system, software, data or material that underlies or is connected to the website (“Underlying System”), or otherwise attempt to damage or interfere with the website or any Underlying System; and
(b) access the website via standard web browsers only and not by any other method.
You must obtain our written permission to establish a link to our website. If you wish to do so, email your request to email@example.com
- Users outside New Zealand
Our website is operated from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
- Copyright and trade marks
The contents of our website are the copyright of Fear-Less. No part of our website may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. You may not frame any part of our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trademarks or logos that appear on any material on our website.
The contents of our website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators. We reserve the right to prohibit links to our website and you agree to remove or cease any link on our request.
Any dealings with any advertiser appearing on our website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions.
- Communication tools
If you use any communication tools available through our website (such as any forum, chat room or message centre), you agree only to use those communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of our website, including (without limitation) the offer of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of our website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on our website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on our website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: firstname.lastname@example.org
To the extent permitted by law, we have no liability or responsibility to you or to 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, 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.
- Exclusion of liability
To the fullest extent permitted by law:
(a) you access and use the website at your own risk;
(b) we exclude all liability in relation to our website and any services we provide including all express and implied warranties and representations. We will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).
If you are a consumer using our website for non-business activities, then nothing in these terms and conditions is intended to abrogate from any rights you might have under the Consumer Guarantees Act 1993 (if any).
You indemnify us against all loss that we suffer or incur as a direct or indirect result of your failure to comply with these terms. Further, you will take all necessary action to defend and indemnify us and our directors, employees and agents against all costs, expenses and damages incurred in connection with any claim brought by a third party against us that arise from a breach by you of any of these terms and conditions.
- Entire agreement
- General provisions
If at any time we do not enforce any of these terms or conditions, or grant you time or any other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that, or any other, term or condition. Further, if any part or provision of these terms and conditions is considered to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining terms and conditions will continue to be binding on the parties.
These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.