The terms and conditions set out below (Terms) apply to all users of this Site. By using this Site, you accept and agree to these Terms.
1. Use of website
1.1 The information on this Site and these Terms have been prepared in accordance with New Zealand law, but may not satisfy the laws of other countries. If you are residing outside New Zealand, then clause 10.2 will apply.
1.3 You must not collect email addresses listed on this Site for any purposes connected with the production of marketing or email databases.
2.1 Any information provided on this Site in respect of any goods or services (Products) does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the Products, which may change from time to time. Available for Business Use clients only.
3.1 Driveline does not warrant that access to this Site will be uninterrupted, or that the services offered on the Site will be error-free. Subject to clause 9, Driveline reserves the right to change or discontinue any feature on this Site, hours of availability and equipment or software required for access.
3.2 Driveline goes to reasonable lengths to ensure that the information on this Site is complete and up to date; however Driveline makes no representation as to the accuracy, currency or completeness of any information or services on this Site. Subject to clause 9 and to the extent permitted by law, all information and services are provided on an “as is” basis, and you are responsible for assessing their accuracy and you rely on them entirely at their own risk. Before relying on any information contained on the Site you should verify the accuracy of the information and its relevance to your particular circumstances. This may mean seeking independent advice.
3.3 All information on the Site is subject to change without notice. Driveline takes all reasonable steps to ensure the integrity and safety of this Site but as access to this Site is publicly available Driveline cannot be responsible for and does not warrant that this Site or any other websites referred to in the Site (External Sites) will be free from viruses or defects. Visitor to this Site must take their own steps to ensure the safety of their own access to the Site including by way of using anti-virus software.
3.4 To the fullest extent permitted by the applicable law and subject to clause 10, Driveline excludes all terms, conditions and representations express or implied in relation to the use of the Site.
4.1 To the extent permitted by law, Driveline excludes all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, arising in relation to the use of the Site (including the inability to use the Site), whether or not Driveline may have been negligent or careless, and whether or not the possibility of loss was known to Driveline.
4.2 Subject to clause 9 and any liability that cannot be excluded by law, Driveline and its directors and employees are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any information on this Site, to any material on External Sites, or to access or use of the Site by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
5. Intellectual Property
5.1 Unless otherwise indicated, Driveline owns or has licence to all intellectual property (including without limitation copyright, trade mark and designs) in this Site and subsisting in the materials on this Site. Driveline authorises you to reproduce and download the materials exclusively for non-commercial personal use in the intended manner. Otherwise, to the extent allowed by law, no part of this Site may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written permission from Driveline.
5.2 All names, logos and trade marks on this Site are the property of their respective owners. Nothing on the Site should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
6. Links to External Sites
6.1 Where the Site contains any hyperlinks to any External Sites, Driveline is not responsible for the accuracy, legality or decency of material or copyright compliance of any such External Sites. All hyperlinks are provided for convenience and information purposes only, and Driveline does not approve, sponsor or endorse any of the External Sites.
7.1 These Terms are to be governed by and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.
8.1 Driveline reserves the right, without notice and in its sole discretion, to discontinue, suspend or terminate access to or any service offered by or through this Site at any time. Any part of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
9. Existing contractual arrangements not affected
9.1 This Site may provide services and information to you as a customer of Driveline pursuant to existing and separate contractual arrangements between you and Driveline and/or its funding partners (Existing Contracts). Nothing in these Terms affect the rights and obligations of you and Driveline and/or its funding partners under the Existing Contracts.
However, Driveline is not required to provide or maintain any service or information on the Site to the extent that Driveline is not required to provide or maintain such services and information under the Existing Contracts.
10.1 If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.
10.2 The information on this Site and these Terms has been prepared in accordance with New Zealand law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than New Zealand (User Country), you acknowledge that:
(1) if the information and these Terms satisfy the laws of the User Country, then you are entitled to use and access the Site;
(2) if the information and these Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site and you must direct all inquiries to the e-mail address “email@example.com”. If you do rely on this Site, you agree to indemnify Driveline for any loss, costs, liability or damage which Driveline may incur as a result.