Website Terms of Use
1. Terms of Use
1.1 These Terms of Use apply to the contents of this Website. By viewing and using this Website, you are deemed to accept these Terms of Use and agree to be bound by them. Additional terms apply to the provision of ASCC goods/services referred to on or requested through this Website (Standard Terms & Conditions). Where we indicate that our Standard Terms & Conditions apply, these Terms of Use must be read in conjunction with those Standard Terms & Conditions. If there is any inconsistency between these Terms of Use and our Standard Terms & Conditions, the Standard Terms & Conditions will prevail.
2. Revisions to these Terms of Use
2.1 ASCC Limited (ASCC) may amend these Terms of Use from time to time without prior notice to you. All amendments to these Terms of Use (either in whole or in part) will be effective once posted on this Website. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to use this Website, you agree to be bound by these Terms of Use as amended from time to time.
3. Disclaimer
3.1 This Website is provided on an “as is” and “as available” basis. We do not guarantee, represent, or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. ASCC reserves the right to suspend, terminate or otherwise alter access to some or all the Website’s services at any time without prior notice to you. ASCC disclaims and excludes all liability for any claim, loss, demand, or damages of any kind whatsoever (including for negligence) arising out of or in connection with the use of this Website or the information, content or materials hereon including any links to third party websites. To the maximum extent permitted by law, our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
4. Intellectual Property Rights
4.1 ASCC owns all intellectual property rights in this Website, including all its contents such as text, graphics, logos (except only in relation to our Partners’ logos), icons and sound recordings (if any) and all software code underlying and forming part of this Website. You must obtain written permission from ASCC to use, copy, modify, or distribute any intellectual property in this Website (including the content) by contacting ASCC directly.
5. Authorised Use
5.1 You agree to use this Website strictly in a manner that complies with all applicable laws and regulations and that does not infringe ASCC’s rights or the rights of any third party, nor restricts or inhibits their use and enjoyment of this Website. In particular, you agree not to:
• damage or harm this Website, or any underlying or connected network or system
• introduce any viruses, content or code which is technologically harmful
• use the Website to do anything unlawful, misleading, malicious, or discriminatory
• infringe upon or violate ASCC’s intellectual property rights or the intellectual property rights of others
• submit false or misleading information
6. Breach of these Terms of Use
6.1 Without limiting any rights and remedies available to ASCC at law, if you breach these Terms of Use in any way, ASCC may take action to deal with the breach including, but not limited to, suspending your access to this Website, or cancelling access by blocking computers using your IP address from accessing the web space and contacting your internet service provider to request that they block your access to this Website and/or bringing court proceedings against you.
6.2 If ASCC does not exercise or enforce any rights available to it under these Terms of Use, it does not constitute a waiver of those rights.
7. Indemnity
7.1 You agree to indemnify and keep ASCC indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use, your use of the Website’s product ordering systems, or arising out of any content or item you submit, post, upload, transmit, link to or make available.
8. Governing Law
8.1 This Website and these Terms of Use are governed by the laws of New Zealand. When you access this Website, you submit to the exclusive jurisdiction of the New Zealand courts.
9. Contact Us
9.1 If you have any questions about these Terms of Use, please give ASCC a call on the appropriate number provided on the Homepage.
10. Unsolicited Email
10.1 Publication of any email addresses on this website should not be taken as deemed consent to receiving unsolicited emails. Persons or organisation’s wishing to send email material to individuals or organisation’s whose email addresses appear on this Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.