TERMS AND CONDITIONS | AngloTasman.com or Anglo Tasman or “AT”
The following are terms of a legal agreement (“Agreement”) between you and Anglo Tasman. By accessing, browsing, surfing, viewing and using this web site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, then please do not use this Site. Read this Agreement carefully and be aware that Anglo Tasman may amend this Agreement at any time without notice by posting the amended terms on this Site. Amendments shall become effective immediately upon posting.
COPYRIGHT AND USE OF SITE CONTENT
The copyright in all materials provided on this Site is owned by Anglo Tasman. Except as stated herein, this site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Anglo Tasman, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. This permission terminates immediately if you breach this Agreement. You may not “mirror” or duplicate any material contained on this Site without Anglo Tasman’s prior written consent. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including, but not limited to, text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Anglo Tasman or its licensors and is protected by NZ and international copyright laws. All rights not expressly granted are reserved.
THIRD PARTY LINKS
This Site may contain links to third party web sites. Anglo Tasman makes no representations whatsoever about any other web site which you may access through this Site. When you access a third party web site, understand that it is independent from Anglo Tasman and that “AT” has no control over the content on that web site even if “AT” provides information or services to the owner of that web site. In addition, a link to a third party web site does not mean that “AT” endorses the content of such web site or accepts responsibility for your use of such web site. If a link has been provided from this Site to a third party site, and the third party site wishes for the link to be removed, the site may contact Anglo Tasman at [email protected] or via using the “Contact Us Form” on our website. However, if the third party does not request the links removal from this Site then the third party endorses the link.
This Site may have inbound links from third party web sites. Anglo Tasman makes no representations whatsoever about any web site which may have provided you a link to this Site. A link to this Site does not mean that “AT” endorses the content of such web site or accepts responsibility for your use of such web site.
SITE ACCESS AND ERRORS
There may be delays, omissions or inaccuracies in information obtained by you through your use of this Site. “AT” may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your computer system, software, data or operations. You shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your computer system, software or data.
RELIANCE OF INFORMATION
Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, “AT” does not represent or endorse the accuracy or reliability of such information that is posted, displayed, uploaded, downloaded or distributed through this Site by “AT”, any user, information provider or any other person or entity. You acknowledge that any reliance upon such information shall be at your sole option and risk.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANGLO TASMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS CONTENT PROVIDED ON THIS SITE HEREUNDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLITIY, ACCURACY, COMPLETENESS, CONDITION, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFOMANCE, INCLUDING ANY WARRANTY REGARDING ANY BENEFIT THAT MIGHT BE OBTAINED FROM THE SERVICES PROVIDED HEREUNDER. FURTHERMORE, ANGLO TASMAN DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ANGLO TASMAN OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS AND THE RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THIS SITE, EVEN IF ANGLO TASMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT ANGLO TASMAN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, REPRESENTATIVES, AND ATTORNEYS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless ANGLO TASMAN and its subsidiaries, affiliates, officers, directors, investors, employees, representatives, and attorneys (collectively, the “Indemnified Parties”) from and against any and all liability, damages and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as required in the defense of any such claim. ANGLO TASMAN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
ENFORCEMENT AND GOVERNING LAW
This Agreement is governed and interpreted pursuant to the laws of the Auckland, New Zealand, notwithstanding any principles of conflicts of law. Any claims or disputes arising out of, or relating to ANGLO TASMAN’s Site (www.anglotasman.com), shall be subject to and decided by arbitration in accordance with the jurisdiction of Court of Law in New Zealand currently in effect. The arbitration shall be held in the Auckland, New Zealand, before a panel of three arbitrators. Each party shall bear its own expense of arbitration. The arbitrators may award pre-award interest but shall not award consequential or punitive damages. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
NOTICES OF INFRINGEMENT
ANGLO TASMAN prohibits the posting of any information that infringes or violates the copyright rights and other intellectual property rights (including rights of privacy and publicity) of any third party. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you must notify ANGLO TASMAN of your infringement claim in accordance with the following procedure. ANGLO TASMAN shall process notices of alleged infringement which it receives and shall take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed infringement should be sent to this Site’s Designated Agent who is:
Email: admin [at] anglotasman.com
To be effective, the notification must be in writing and contain the following information
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Agreement constitutes the entire agreement between you and ANGLO TASMAN with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement shall be effective only if in writing and signed by ANGLO TASMAN.