This website (Website) is operated by Quashed Ltd (NZBN 9429047602397) (we, our or us). It is available at https://quashed.co.nz.
1.2 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.
1.3 If you do not agree to these Terms, then you must cease using our Website immediately.
2.1 We may change these Terms at any time by publishing the updated terms on our 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.
2.2 Materials and information on this Website (Content) are subject to change without notice. We do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.
2.3 We may change, suspend, discontinue, or restrict access to, the Website at any time, without notice or liability.
3.1 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.
3.2 If you are given a user ID, including a unique name and/or password which allows you to access certain parts of the Website (User ID), you must keep your User ID secure and not permit any other person to use your User ID, including not disclosing or providing it to any other person. You must immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org
3.3 You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Website, which we would consider inappropriate or which might bring us or our Website into disrepute. This includes:
a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
b) using our Website to defame, harass, threaten, menace or offend any person;
c) interfering with any user of our Website;
d) tampering with or modifying our Website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Website or any underlying system, including (without limitation) using Trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website or underlying system;
e) accessing our Website via methods other than standard web browsers, including (without limitation) scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation or any similar data gathering, extraction or monitoring method;
f) using our Website to send unsolicited electronic messages; or
g) facilitating or assisting a third party to do any of the above acts.
3.4 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.
3.5 You indemnify us against any loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and costs, including legal costs on a solicitor (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 Website User ID.
4.1 Our Content is factual information only, is not comprehensive and is for general information purposes only. Our Content is not a financial service or insurance advice. You cannot rely on it as such. We use reasonable attempts to ensure the accuracy and completeness of our Content, we provide our Content in good faith, make no representation or warranty in relation to it, and are not liable for any loss arising from reliance on our Content.
5.1 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Website in accordance with these Terms. All other uses are prohibited without our prior written consent.
5.2 Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Website, all of our Content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property).
5.3 Your use of our Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:
a) copy or use, in whole or in part, any of Our Intellectual Property;
b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
c) breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
6.1 To the maximum extent permitted by law, we make no representations or warranties about our Website or our Content, including (without limitation) that:
a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
b) access will be uninterrupted, error-free or free from viruses; or
c) our Website will be secure.
6.2 Our Website may contain links to websites operated by third parties. To the maximum extent permitted by law, we make no representations or warranties about any other website or platform linked on our 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.
6.3 We make no representation or warranty that the Website is appropriate or available for use in any country outside New Zealand or that the content satisfies the laws of any country outside of New Zealand. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited. If you access our Website from outside New Zealand, you do so are your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website.
7.1 To the maximum extent permitted by law, you access and use our Website at your own risk. We are not liable or responsible to you or any other person for any Loss arising from or in connection with your use of Our Intellectual Property and/or any accessibility of, interruption to or outage of our Website and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.
7.2 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.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1and 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.
8.2 You are not required to provide personal information to us, although in some cases if you choose not to do so then we may be unable to make certain sections of the Website available to you, including for example (without limitation), using your contact details in order to provide you with updates from the Website.
9.1 These Terms are effective until terminated by us, which we may do at any time and without notice to you.
9.2 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 our Website, or any part of it.
9.3 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
9.4 You can ask for your account to be terminated and all associated data deleted, at any time, by sending an email to firstname.lastname@example.org from the email your account is registered with. You can also access this by clicking on the Submit Feedback button within the platform. We aim to process these requests within 7 working days.
9.5 In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
10.1 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 exclusive jurisdiction of the courts operating in New Zealand in relation to any dispute connected with these Terms or the Website.
10.2 For us to waive a right under these Terms, the waiver must be in writing.
10.3 If any part or provision of these Terms is held to be void, invalid, illegal or unenforceable, that part or provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these terms.
10.4 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.