1.1 www.branddevelopers.co.nz (the “website”) is owned and operated by Brand Developers Limited of Unit D, 686 Rosebank Road, Avondale, 1026, Auckland, New Zealand (“we”, “us” and “our”).
1.3 We reserve the right to amend the Terms from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended.
You will, to the maximum extent permitted by law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of your use of the website.
3.1 Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:
(a) your use of this website;
(b) any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through this website;
(c) errors, mistakes or omissions on this website;
(d) goods or services supplied pursuant to an order placed on this website; and/or
(e) any failure or omission on our part to comply with our obligations as set out in the Terms.
3.2 This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
4.1 You must ensure that your access and use of this website is not illegal or prohibited by laws which apply to you.
4.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website.
4.3 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
4.4 We do not accept any responsibility for malfunctions to computer systems, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.
5.1 You are provided with access to this website only for your personal and non-commercial use.
5.2 You may not interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to others.
5.3 You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.
6.1 This website may contain third party advertisements and links to other websites, including websites operated by third parties (“linked websites”). We are not responsible for the content or privacy practices associated with linked websites or third party advertisements.
7.1 Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1994 (Cth), and except as expressly authorised by the Terms, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialise any information (including but not limited to images, text, videos or sound recordings), products or services obtained from any part of this website, without our prior written permission.
7.2 You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.
8.1 These Terms are governed by the laws in force in New Zealand you agree to submit to the exclusive jurisdiction of the courts in New Zealand.
8.2 We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.
8.3 If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.