These terms and conditions (Website Terms) are between you and The Alannah and Madeline Foundation Limited (ACN 090 752 800) as trustee of The Alannah and Madeline Foundation (we, our or us) and govern your use of our website located at www.digitallicence.co.nz (Website). By accessing and using this Website you agree to be bound by and abide by these Website Terms.
- Purpose of this Website
The purpose of this Website is to provide information about our Digital Licence program.
- Information on this Website
All information, content or material set out on our Website (Information) is provided for general information purposes only and we make no warranty about the accuracy, completeness, reliability or timeliness of the Information. We may change the Information that is displayed or available on our Website at any time without any notice. The Website may be accessed from outside Australia. We make no representation that the Information or Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
- Ownership of Content
Unless otherwise indicated, we own the copyright and all other intellectual property rights in the text, graphics, videos, Information, designs, data and other content (Content) on this Website. While you may browse or print the Content for non-commercial, personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website for any other purpose. All trade marks appearing on this Website belong to their respective owners. Nothing in these Website Terms constitutes a transfer or licence of any of our intellectual property rights, including any intellectual property rights that we have in and to the Information that is displayed or available on this Website.
- Links to other websites
This Website may contain links to third party sites (Links) over which we have no control. These Website Terms do not apply to third party sites and you should review the terms and conditions of the applicable website before using that website. We make no representations or warranties as to, and we are not responsible for, the accuracy or any other aspect of the information on any linked third party website. The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it. Links are provided for your convenience only. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any losses suffered by you or anyone else in connection with any Link. You must obtain our prior written permission to create a link to this Website (or any part of this Website) from any other website.
- Non-excludable Obligations
To the extent that you acquire goods or services from us as a ‘consumer’ (as that term is defined in the Consumer Guarantees Act 1993), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Website Terms operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred in the Consumer Guarantees Act 1993 or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations). Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these Website Terms, including any warranties as to the security of the Website.
Your use of, and reliance on, this Website (including all Content) is entirely at your own risk. To the fullest extent permitted by law, we have no liability whatsoever to you (including because of our negligence) for any type of direct or indirect loss incurred by you or anyone else under or in connection with this Website (including any Content), however incurred, including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees). You acknowledge and agree that the Website may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
- Changes to Website Terms
We may change these Website Terms at any time without notice to you. You agree to be bound by the changed terms if you use this Website after the terms have changed.
- Governing law
These Website Terms are governed by the law of New Zealand, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand.