Terms and Conditions.
These terms and conditions govern the operations of Brownstone Ventures Limited and the use of our website, brownstone.co.nz, including the services and functions offered on the website. By using our website you agree to be bound by these terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions then you are expressly excluded from using our website.
License to Use Website
Unless otherwise stated, we and/or our licensors own the intellectual property rights for both the website and the material and content of the website, including, but not limited to, any brand names and copyrights.
You may view, download for caching purposes only, and print pages from our website for your own personal use, subject to the restrictions set out below and included elsewhere in these terms and conditions.
You must not:
a. Republish material from our website (including republication on another website)
b. Sell, rent or sub-license material from our website
c. Show any material from our website in public
d. Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
e. Redistribute material from this website (except for content specifically and expressly made available for redistribution)
No permission is given in respect of the use of any intellectual property owned by us (and/or our licensors) and any such use may constitute an infringement of our rights as the owner of the intellectual property. All of our rights to our intellectual property are reserved.
Acceptable Use
You must not use our website in any way that causes, or may cause, damage to our website or impairment of the availability or accessibility of our website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purposes or activities.
You must not use our 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 our website without our express written consent.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content and services, you undertake to keep the user ID and password confidential. We may disable your user ID and password at our sole discretion and without notice or explanation.
User Content
In the context of these terms and conditions, “Your User Content” means material you submit to our website for whatever purpose and includes, but is not limited to, text, images, audio material, video material and audio-visual material.
You grant us 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 us the right to sub-license these rights, and the right to bring an action for any infringement of these rights.
Your User Content must not be illegal or unlawful, must not infringe any third party legal rights, and must not be capable of giving rise to any legal action against you or against us or against a third party; in each case under any applicable law.
The act of submitting Your User Content to our website is considered acceptance by us that you are the owner of Your User Content.
You must not submit Your User Content to our website that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, stored on our servers, or hosted or published on our website.
No Warranties
Our website is provided “as is”, without any representations or warranties, express or implied. We make no representations or warranties in relation to our website or the information and materials provided on our website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
a. Our website will be constantly available, or available at all, or
b. The information on our website is complete, true, accurate or non-misleading
Nothing on our website constitutes, or is meant to constitute, advice of any kind.
Limitations of Liability
We will not be liable to you, whether under the law of contract, the law of torts or otherwise, in relation to the contents of, or the use of, or otherwise in connection with our website:
a. To the extent it is provided free of charge, for any direct loss, for any indirect, special or consequential loss; or
b. 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 we have been expressly advised of the potential loss.
Exceptions
Nothing in our website disclaimer will
a. exclude or limit warranty implied by law that it would be unlawful to exclude or limit;
b. exclude or limit our liability in respect of any death or personal injury caused by negligence, fraud or fraudulent mispresentation on our part; or any matter which would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using our website, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable.. If you do not think they are reasonable, you must not use our website.
Other Parties
You agree that you will not bring any claim personally against us, or our officers or employees, in respect of any losses you suffer in connection with the use of our website.
Withour prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect us, our officers, employees, agents, subsidiaries, successors, assigns and subcontractors.
Unenforceable Provisions
If any of our terms and conditions are, or are found to be, unenforceable under applicable law, that will not affect the enforceablity of any of the other terms and conditions.
Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal adisors) incurred or suffered by us arising out of any breach by you of the provisions 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 our rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our website, prohibiting you from accessing our website, contacting your internet service provider to request that they block your access to our website and/or bringing court proceedings against you.
Variation
We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of our website from the date of publication of the revised terms and conditions on our website. It is your responsibility to familiar with our current terms and conditions.
Assignment
We may transfer, subcontract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, subcontract 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 deleted, and the rest of the provision will continue in effect.
Entire Agreement
These terms and conditions, together with all policies included on our website, constitute the entire agreement between us in relation to your use of our website, and supercede all previous agreements in respect of your use of our website.
Laws and Jurisdictions
These terms and conditions and any policies included on our website will be governed by and construed in accordance with the laws of New Zealand, and any disputes relating to these terms and conditions any any policies on our website will be subject to the exclusive jurisdiction of the courts of New Zealand.
Currency of Terms and Conditions
These terms and conditions are current as at 30 November 2020.
Brownstone Ventures Limited Contact Details
Email enquiries@brownstone.co.nz
Post PO Box 29610
Riccarton
Christchurch 8440
New Zealand