Terms and Conditions

1. Your Account

You agree that any information provided by you on or to this Website is true, complete and accurate. You agree to inform us promptly on becoming aware that any information you have provided us is or has become untrue, incomplete or inaccurate. If you provide information that is or becomes untrue, incomplete or inaccurate, or we have grounds to suspect that such information is untrue, incomplete or inaccurate, without limiting any other right or remedy available to us, we may limit, suspend or terminate your access to this Website.

Access to certain parts of this Website requires you to register an account with us. You may access those certain parts of the Website using your username and password, set up by you. Your account is personal to you and is not transferable. You are responsible for keeping your user name and password secure. You agree to take all responsibility for all activities that take place under your account and to notify us immediately upon you becoming aware of any unauthorised use of your account or any other breach of security. We reserve the right to take any action we deem appropriate on receiving notification from you of unauthorised use of your account or a breach of security.

Certain aspects of this Website may be governed by additional terms. You agree to comply with any such further terms and with any relevant laws that apply to your use of that aspect of the Website.

2. Privacy

When you provide personal information to us, we will comply with our Privacy Policy, available here. By using our Website you accept the Privacy Policy.

3. Disclaimers, Limits of Liability and Indemnities

The Website is provided as is and on an as available basis. All use of the Website is at your own risk.
To the extent permitted by law:

• All warranties, representations and guarantees (whether express or implied) are excluded, including without limit all warranties, representations and guarantees related to merchantability or fitness for purpose, accuracy, completeness, reliability, usability, security, quality, performance, availability, or timeliness of the Website, its content or the content of any website linked to or from this Website;
• Equitise and its employees, officers, agents and contractors are, to the extent permitted by law, not liable to you or any other person for any losses, expenses, claims or costs (including without limitation for any loss of profits, revenue or data, incidental, consequential, exemplary, special, or indirect damages) arising under or in connection with these Terms or this Website, any information downloaded from this Website, or your use of or access to (or inability to use or access) this Website. This exclusion applies regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise; and
• to the extent that liability has not been or may not be excluded under these Terms, our total liability to you under or in connection with these Terms, this Website, any information downloaded from this Website, or your use of or access to (or inability to use or access) this Website will not exceed NZ$500 for New Zealand resident and Overseas users and A$500 for Australian resident users.

4. Indemnity

You will indemnify Equitise and its employees, officers, agents and contractors from and against (without limitation) any losses, expenses, claims or costs (including out of pocket expenses and charges for our time) , arising out of or related to your breach of these Terms or any laws or the rights of any third party.

5. Third party content and links

The Website contains content provided by other persons and may include links to other websites. The inclusion of any content provided by any other person and the inclusion of links to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of that content or those sites. We take no responsibility for any damage or harm arising out of the inclusion of such content or links.

6. Reliance on information

No part of this Website is intended to constitute advice by us. We are not liable or responsible for any reliance placed on this Website, and the contents of this Website, by you or anyone who you may inform of its contents. We make no guarantee of any specific results from the use of this Website. Where you take any decision, or enter into any agreement with any other person, as a result of your use of this Website, you acknowledge that you do so having independently made all such investigations and taken all such professional advice as may be necessary to enable you to make an informed and independent decision. You agree to comply with any such agreement and with any relevant laws that apply to that agreement.

7. Viruses, hacking and other offences

No part of this Website is intended to constitute advice by us. We are not liable or responsible for any reliance placed on this Website, and the contents of this Website, by you or anyone who you may inform of its contents. We make no guarantee of any specific results from the use of this Website. Where you take any decision, or enter into any agreement with any other person, as a result of your use of this Website, you acknowledge that you do so having independently made all such investigations and taken all such professional advice as may be necessary to enable you to make an informed and independent decision. You agree to comply with any such agreement and with any relevant laws that apply to that agreement.

8. Intellectual property

We (and our licensors) own all proprietary and intellectual property rights in:

• This Website, including (without limit) all text, graphics, brands, logos, icons, sound or image recordings, and its look and feel, the underlying software, system and network, and any other material forming part of this Website; and
• any copy, development, adaptation, or customisation of, or modification to, the items listed in clause 8a; and
• except to the extent expressly permitted by these Terms or by law, you must not copy, adapt, store, distribute, display, publish, reproduce or create derivative works from any part of this Website, nor decompile or reverse engineer any underlying software, system or network.

10. No waiver

If we do not exercise or enforce any rights available to us under these Terms, it does not constitute a waiver of those rights.

11. Illegality

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. That replacement term and the remainder of these Terms will be binding on you.

12. Jurisdiction

These Terms are governed by and construed in accordance with the laws of New Zealand and are subject to the non-exclusive jurisdiction of the New Zealand courts for New Zealand resident and Overseas users of the Website. For Australian resident users, these Terms are governed by and construed in accordance with the laws of New South Wales and are subject to the non-exclusive jurisdiction of the New South Wales courts.

13. Amendments

We may amend these Terms at any time by updating them on this Website. All amendments will be effective immediately upon an update being made. You are responsible for ensuring that you are familiar with the latest Terms. By continuing to use this Website following an update, you agree to be bound by the amended Terms.

14. SMS/MMS Mobile Message Marketing Program Terms And Conditions

For our SMS/MMS mobile message terms and conditions please see here: https://equitise.com/sms-terms-conditions