Last updated on 04/07/2022
This agreement applies as between you, the User of this Web Site https://webantler.co.nz/ (the “Site”) and Web Antler, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content”: means any text, graphics, images, audio,
video, software, data compilations and any other form of information
capable of being stored in a computer that appears on or forms part of
this Web Site;
“Web Antler” means Web Antler Limited with NZBN 9429043353347 of Level 7, 5-7 Kingdon Street, Newmarket, Auckland, New Zealand;
“Service”
means collectively any online facilities, tools, services or
information that Web Antler makes available through the Web Site either
now or in the future;
“System” means any online
communications infrastructure that Web Antler makes available through
the Web Site either now or in the future. This includes, but is not
limited to, web-based email, message boards, and email links;
“User” / “Users”
means any third party that accesses the Web Site and is not employed by
Web Antler and acting in the course of their employment; and
“Web Site” means the website that you are currently using (https://webantler.co.nz/) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Web Antler, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable New Zealand and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Web Antler.
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Web Antler or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site https://webantler.co.nz/ without prior permission.
Web Antler makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
We reserve the right to change, modify, or remove the contents of the Web Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Web Site. We also reserve the right to modify or discontinue all or part of the Web Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Web Site.
We cannot guarantee the Web Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Web Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Web Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web Site during any downtime or discontinuance of the Web Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Web Site or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Web Site that contains typographical errors, inaccuracies, or omissions that may relate to the Web Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Web Site at any time, without prior notice.
Visiting the Web Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication is in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Web Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Web Site with whom you connected via the Web Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Web Antler does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Web Antler will be deemed NOT to be confidential. By sending Web Antler any information or material, you grant Web Antler an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Web Antler is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Web Antler for the purpose of receiving products or services will be handled in accordance with our privacy policy.
