Last Updated on: 01 September 2022
The following Terms of Service (these “Terms”) govern all use of the https://www.blindexperts.co.nz/ site (the “Website”). The Website is owned and operated by Blind Experts Limited (“we” or “Blind Experts Limited”). These Terms set forth the agreement between Blind Experts Limited and each user (“you” or “user”) governing the use by you of this Website.
Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement.
We may, in our sole discretion, modify these Terms with or without notice to you. The “Last Updated” date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Website after these Terms have been modified, you are agreeing to such modifications. Therefore, you should review these Terms before each use of the Website. In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, or features that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. By accessing and/or using the Website,
You agree to be bound by these Terms and acknowledge having read the privacy policy located on this Website (“Privacy Policy”), which is hereby incorporated into and made part of these Terms. We reserve the right, and you authorize us, to use information regarding your use of this Website and any other personal information provided by you in accordance with our Privacy Policy.
Except for the rights granted to you under clause 1, all rights, title and interest in and to all intellectual property and/or proprietary rights, title and interest in or related to the Website including patents, inventions, copyrights, trademarks, domain names, trade secrets or know-how (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Blind Experts Limited. All rights not expressly provided to You herein are reserved.
Links on the Website to third-party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Website. You acknowledge and agree that your use of third-party services will be subject to the terms and conditions and privacy policies of such third-party and that we shall not be liable for your enablement, access or use of such third-party services. You should contact that third-party service provider for any issues arising in connection with the use of such third-party Service.
You hereby grant us a royalty-free, worldwide, transferable license to use your trademark or logo to identify you as our customer on our Website and/or marketing collateral and to include your use of the services in case studies.
If you provide information on this Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Website, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or Blind Experts Limited has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Blind Experts Limited has the right to suspend or terminate your access to this Website and prohibit any current or future use of the Website (or any portion thereof) by you.
You agree to use this Website only for lawful purposes, and that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website.
Blind Experts Limited makes no representation that materials contained on the Website are appropriate or available for use in jurisdictions outside New Zealand or that these Terms comply with the laws of any other country. Visitors who use the Website and reside outside New Zealand do so on their initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal and that you, and not Blind Experts Limited and its affiliates, are responsible for compliance with applicable local laws.
You expressly understand and agree that:
Your use of the Website is at your sole risk. The Website and the materials contained herein are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in this agreement, Blind Experts Limited and its affiliated companies and their respective officers, directors, employees and other representatives (collectively, “Blind Experts Limited and its affiliates”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Except as otherwise expressly provided in this agreement, Blind Experts Limited and its affiliates make no warranty that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website will be accurate or reliable, (iv) the quality of any services, information, or other material obtained by you through the Website will meet your expectations, and (v) any errors in the Website will be corrected.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE(S), WILL BE LIMITED TO AN AMOUNT EQUAL TO TWELVE MONTHS OF THE SUBSCRIPTION CHARGES PAID BY YOU FOR THE SERVICE(S) PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, WE DISCLAIM ALL LIABILITIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITH RESPECT TO THE SERVICES OFFERED DURING THE TRIAL PERIOD.
You agree to indemnify, defend and hold harmless Blind Experts Limited and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Website, any activity related to use of the Website by you, any material that you submit to, post on or transmit through the Website, your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Website.
These Terms are effective unless and until terminated by either you or Blind Experts Limited. You may terminate these Terms at any time, provided that you discontinue any further use of this Website. Blind Experts Limited also may terminate or suspend these Terms, at any time, without notice, and accordingly deny you access to the Website, if in Blind Experts Limited’s sole discretion you fail to comply with any term or provision of these Terms or your use is harmful to the interests of another user or Blind Experts Limited and its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise.
These Terms, together with any order forms, constitute the entire agreement and supersede any prior agreements between us and yourself about the subject matter hereof.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
All clauses which, by their nature are intended to survive shall survive any termination of our agreement with you regarding the use of the Website. Termination shall not limit either party’s liability for obligations accrued as of or prior to such termination or for any breach of these Terms.
The failure of Blind Experts Limited and its affiliates to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms.
Notwithstanding anything to the contrary contained elsewhere, we shall not be liable for unavailability of the service(s) caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet, unauthorized loss, distribution or dissemination of customer data), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
All notices from us under these Terms may be delivered in writing by electronic mail to the e-mail address provided to us at the time of booking our services. Our address for a notice is: contact@blindexperts.co.nz
These Terms shall be governed by the laws of New Zealand without regard to any conflict of laws principles.
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