1
APPLICATION OF TERMS
1.1
These Terms apply to your use of the Website. By accessing and using the Website:
a
you agree to these
Terms; and
b
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.
1.2
If
you do not agree to these Terms, you are not authorised to access and use the Website,
and you must immediately stop doing so.
2
CHANGES
2.1
We
may change these Terms at any time by updating them on the 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
We
may change, suspend, discontinue, or restrict access to, the Website without
notice or liability.
2.3
These Terms were last updated
on 21 Sep 2022.
3
DEFINITIONS
In
these Terms:
including
and similar words do
not imply any limit
Loss
includes loss of
profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and
own client basis
personal information
means information about an identifiable, living person
Terms
means these terms and
conditions titled Website Terms of Use
Underlying System
means any network, system, software, data or material
that underlies or is connected to the Website
User ID
means a unique name
and/or password allocated to you to allow you to access certain parts of the
Website
Website
means mygroupspace.com
You
means
you or, if clause 1.1b applies, both you and the other person on whose behalf
you are acting.
4
YOUR OBLIGATIONS
4.1
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.
4.2
If you are given a User ID,
you must keep your User ID secure and:
a
not permit any other person to use your User
ID, including not disclosing or providing it to any other person; and
b
immediately notify us if you become aware of
any disclosure or unauthorised use of your User ID, by using the
contact form
4.3
You must:
a
not act in a way, or use or introduce anything
(including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way
compromises, or may compromise, the Website or any Underlying System, or
otherwise attempt to damage or interfere with the Website or any Underlying System;
and
b
unless with our agreement, access the Website
via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or
spider, automation, or any similar data gathering, extraction or monitoring
method.
4.4
You indemnify us
against all 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
User ID.
We (and our licensors) own all proprietary
and intellectual property rights in the Website
(including all information, data, text, graphics, artwork, photographs, logos,
icons, sound recordings, videos and
look
and feel
), and the Underlying Systems.
6.1
To the extent permitted by
law, we and our licensors have no liability or responsibility to you or any
other person for any Loss in connection with:
a
the Website being unavailable (in whole or in
part) or performing slowly;
b
any error in, or omission from, any information
made available through the Website;
c
any exposure to viruses or other forms of
interference which may damage your computer system or expose you to fraud when
you access or use the Website. To avoid
doubt, you are responsible for ensuring the process by which you access and use
the Website protects you from this; and
d
any site linked from the 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.
6.2
We make no
representation or warranty that the Website is appropriate or available for use
in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your
access to and use of the Website is not illegal or prohibited, and for your own
compliance with applicable local laws.
7.1
To the maximum extent
permitted by law:
a
you access and use the Website at your own
risk; and
b
we are not liable or responsible to you or any
other person for any Loss under or in connection with these Terms, the Website,
or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether
our liability or responsibility arises in contract, tort (including
negligence), equity, breach of statutory duty, or otherwise.
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 7.1 and 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
SUSPENSION AND TERMINATION
8.1
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 the Website
(or any part of it).
8.2
On suspension or termination,
you must immediately cease using the Website and must not attempt to gain
further access.
9
GENERAL
9.2
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 non-exclusive jurisdiction of the Courts of New
Zealand in relation to any dispute connected with these Terms or the Website.
9.3
For us to waive a right under these
Terms, the waiver must be in writing.
9.4
Clauses which, by
their nature, are intended to survive termination of these Terms, including
clauses
4.4
,
5
,
6
,
7
,
9.1
, continue in force.
9.5
If any part or provision of
these Terms is or becomes illegal, unenforceable, or invalid, that part or provision
is deemed to be modified to the extent required to remedy the illegality, unenforceability,
or invalidity. If a modification is not
possible, the part or provision must be treated for all purposes as severed
from these Terms. The remainder of these
Terms will be binding on you.
9.6
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.