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Website Terms and Condition and Privacy Statement

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, NZ Boat Sales and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • list products or services on this site.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without NZ Boat Sales’ express written consent.

Restricted access

Access to certain areas of this website is restricted. NZ Boat Sales reserves the right to restrict access to areas of this website, or indeed this entire website, at NZ Boat Sales’ discretion.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to NZ Boat Sales a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to NZ Boat Sales the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or NZ Boat Sales or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

NZ Boat Sales reserves the right to edit or remove any material submitted to this website, or stored on NZ Boat Sales’ servers, or hosted or published upon this website.

Notwithstanding NZ Boat Sales’ rights under these terms and conditions in relation to user content, NZ Boat Sales does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. NZ Boat Sales makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, NZ Boat Sales does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

NZ Boat Sales will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if NZ Boat Sales has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit NZ Boat Sales’ liability in respect of any:

  • death or personal injury caused by NZ Boat Sales’ negligence;
  • fraud or fraudulent misrepresentation on the part of NZ Boat Sales; or
  • matter which it would be illegal or unlawful for NZ Boat Sales to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, NZ Boat Sales has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against NZ Boat Sales’ officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect NZ Boat Sales’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as NZ Boat Sales.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify NZ Boat Sales and undertake to keep NZ Boat Sales indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by NZ Boat Sales to a third party in settlement of a claim or dispute on the advice of NZ Boat Sales’ legal advisers) incurred or suffered by NZ Boat Sales arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to NZ Boat Sales’ other rights under these terms and conditions, if you breach these terms and conditions in any way, NZ Boat Sales may take such action as NZ Boat Sales deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

NZ Boat Sales may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

NZ Boat Sales may transfer, sub-contract or otherwise deal with NZ Boat Sales’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and NZ Boat Sales in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with New Zealand law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of New Zealand.

Registrations and authorisations

NZ Boat Sales is registered with the New Zealand Companies Office. You can find the online version of the register at www.companies.govt.nz. NZ Boat Sales registration number is 2397235

NZ Boat Sales details:

Full name is Optimum Promotions Ltd T/A NZ Boat Sales
NZ Boat Sales is registered in New Zealand
NZ Boat Sales address is P.O.Box 735, Nelson 7040

You may contact NZ Boat Sales by email [email protected]

We may collect personal information about you through the website if:

  • we are providing you with our products;
  • you are registering on the website to use any facility or outline tool on the website;
  • you are posting any content or transmitting any messages on or through the website.

In each case, we will only use this personal information for the purpose for which it was collected. This includes the administration and evaluation of the website, improving our products and tools and providing them to you. It may also include specific purposes notified to you on the website for specific products or tools. We may also collect personal information for a purpose required or permitted by the Privacy Act 1993 or otherwise required or permitted by law. We may use your information to provide you with information about our business and products that we think might be of interest to you. If you ask us not to provide you with this information, we will comply with your request. We will keep any personal information you provide secure and will not disclose it to any other parties without your prior consent or as required or permitted by the Privacy Act 1993 or otherwise required or permitted by law. If we consider that you have breached these terms or any applicable law we may provide your personal details as we see fit to enable us or any third party to take court proceedings, enforce or apply our terms, or to protect any party’s rights, property or safety.

We may record your visit to the website for analysis of site activity (such as the number of site visitors, the date and time of visits, the number of pages viewed, navigation patterns, what country users are from and what systems users have used to access the website and, when entering the website from another site, that site’s address). Some of this information will be gathered through the use of “cookies”. A cookie is a small text file placed on your computer’s hard drive or browser by a webpage server. If you want to disable these cookies, you may do so by changing the setting on your browser. However, if you disable cookies, you may not be able to use all of the functions on the website. Cookies from the website are not used to gather or allow the gathering of any personally identifiable information and are not used to track individual user activity around this site or around the internet.

If you want to check or correct information that we hold about you, please email;

Steve Thomas or Gordon Low
NZ Boat Sales
P.O Box 735
Nelson 7040

Publication of email addresses on the website should not be taken as consent to receiving unsolicited email. Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.

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