1.
ACCEPTANCE OF TERMS
For the purposes of these Terms and Conditions of Use ("TCU"),
Signetique LLC will hereinafter be referred to as "Signetique".
Please read these terms and conditions carefully. A reference
to this "website" is to cleverinternet.co.nz including but
not limited to the information, text, images, links, sound,
graphics and video sequences displayed herein (the "Materials").
By accessing this website and any pages thereof, you shall
be bound by the terms and conditions below. If you do not
agree to the terms and conditions below, do not access this
site or any pages thereof.
1. At any time and without prior notice, Signetique shall have the right, in its sole discretion, to modify, add or remove terms
of the TCU, and all such changes shall take effect immediately. Users should review the TCU periodically as subsequent
use shall constitute acceptance of any such changes. The user is responsible for providing all software and equipment needed to access cleverinternet.co.nz.
2. DESCRIPTION
OF SERVICE.
cleverinternet.co.nz provides users with access to a rich collection of information resources, focusing on Internet business and technology information. You understand and accept that Signetique may include advertisements and that these advertisements enable us to defray some of the costs
of maintaining cleverinternet.co.nz. Signetique bears no liability for the delay, deletion, mis-delivery or failure to store any user communications.
3. LINKS TO THIRD
PARTY SITES.
cleverinternet.co.nz contains links to third party web sites. Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Signetique. Signetique is providing these links to you only as a convenience. Signetique is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. Each individual vendor or advertiser shall bear the sole responsibility of its own product and service information. If you decide to access linked third party Web sites, you do so at your own risk.
4. USER PROVIDED
CONTENT.
Portions of the services at cleverinternet.co.nz will contain user provided content, to which you may contribute appropriate content. For this content, Signetique is a distributor only. By submitting content to cleverinternet.co.nz, you grant Signetique license to use, host, distribute and allow hosting and distribution on co-branded services of the content.
You should submit only content which belongs to you and will not violate the property or other rights of any persons or organizations. Signetique recognizes the copyright and other intellectual property rights of others. Signetique reserves the right to remove any user provided content which comes to its attention and which it believes, in its sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates this Agreement. Signetique reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on the cleverinternet.co.nz, or the availability thereof.
5. DEALINGS WITH
ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through cleverinternet.co.nz, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that Signetique shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on cleverinternet.co.nz.
6. RESTRICTIONS
ON USE OF MATERIALS.
Signetique owns all rights in cleverinternet.co.nz and all components thereof including without limitation, all texts, information, materials, the structure, sequence and organisation of the pages and screens. The cleverinternet.co.nz name and logo owned by Signetique may not be used in any commercial manner without the prior written consent of Signetique. No part of cleverinternet.co.nz may be copied, reproduced, republished, uploaded, posted, transmitted, distributed in any form or manner or by any means, electrical, electronic, mechanical, photocopying, recording or otherwise
or stored in any retrieval system of any nature without the prior written permission of Signetique. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of cleverinternet.co.nz, use of cleverinternet.co.nz, or access to cleverinternet.co.nz.
7. DISCLAIMER.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH cleverinternet.co.nz MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO cleverinternet.co.nz AND TO THE INFORMATION THEREIN.
Signetique AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN cleverinternet.co.nz AT ANY TIME. ADVICE RECEIVED VIA cleverinternet.co.nz SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ALL CONTENT OF Signetique SITE, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Signetique DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN cleverinternet.co.nz, OR THE RESULTS OBTAINED FROM ACCESSING AND USING cleverinternet.co.nz AND/OR THE CONTENT CONTAINED HEREIN.
YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT Signetique SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH cleverinternet.co.nz.
YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT Signetique IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY
OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT Signetique IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN cleverinternet.co.nz BY ANY THIRD PARTY.
8. EXCLUSION OF
LIABILITY.
Signetique SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES TO ANY PARTY UNDER ANY CIRCUMSTANCES EXCEPT AS TO DAMAGES PROVED AND WILFUL AND DELIBERATE CAUSED BY Signetique EMPLOYEES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, cleverinternet.co.nz. THROUGH YOUR USE OF cleverinternet.co.nz, YOU SPECIFICALLY ACKNOWLEDGE AND ACCEPT THAT Signetique IS NOT LIABLE FOR ANY CONDUCT OF ANY USER OF cleverinternet.co.nz.
THROUGH YOUR USE OF cleverinternet.co.nz, YOU AGREE TO INDEMNIFY Signetique AND ANY AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING ATTORNEYS' FEES ON A SOLICITOR CLIENT BASIS) AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM YOUR USE OF cleverinternet.co.nz, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY YOU OF THE TCU.
9. SPECIAL ADMONITIONS
FOR LOCAL AND INTERNATIONAL USE.
Recognizing the global nature of the Internet, you shall comply
with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported
from the New Zealand or the country in which you reside and
shall absolutely refrain from transmitting in any mode unsolicited
bulk and commercial e-mail messages.
10. TERMINATION.
You agree that Signetique, in its sole discretion, may terminate your use of the cleverinternet.co.nz, and remove and discard any Content within the cleverinternet.co.nz, for any reason, including, without limitation, if Signetique believes that you have violated this Agreement.
Signetique reserves the right, in its sole discretion, to terminate your access to any or all services at cleverinternet.co.nz and the related services or any portion thereof at any time, without notice. Further, you agree that Signetique shall not be liable to you or any third-party for any termination of your access to cleverinternet.co.nz.
11. GENERAL.
Your obligations under the TCU shall continue for as long as you access or use cleverinternet.co.nz or use or maintain any of the content (including software) of cleverinternet.co.nz or copies thereof. You may terminate your obligations at any time by discontinuing your use of cleverinternet.co.nz and by destroying all content obtained from it and all copies thereof.
12. GOVERNING LAW
This agreement shall be deemed to be an agreement made in
the State of Delaware, USA and shall be subject to, governed
by and interpreted in accordance with the laws of Delaware,
USA. Users of cleverinternet.co.nz or any of its pages are
responsible for compliance with all local laws and regulations.