Your access to and/or use of the Services provided on this website is subject to the terms set out below. If you do not agree to these terms, you must not access or use the Services. We may vary these terms from time to time by posting an updated version on this website, and you will be bound by these changes. It is your responsibility to check this website regularly for any updates or changes.
Access to Services
Upon payment of the applicable charges we will grant you a personal, non-exclusive and non-transferable right to access the Services for a period of twelve consecutive calendar months (the “Subscription Term”). Upon expiry of the Subscription Term, you may renew your subscription upon payment of the applicable renewal fee.
Except as expressly permitted by these terms you must not copy, download, display, reproduce, distribute, modify, edit, alter, translate, adopt or enhance any of the website or its content (including but not limited to the Services) in any manner or reverse engineer or decompile any code, script, or software available on or forming part of website or Services, or permit any third party to do same. You have no right, title or interest in or to the website or the Services and you shall not “frame” or “mirror” the website, any information contained on, framed within or accessible from or through the website on any other server or Internet-based device without the prior written consent of [company].
You acknowledge that you are responsible for all data, text, information, images, and material that you enter or submit in connection with your use of the Services (“Data”).
Charges for the Services are payable monthly in advance and are expressed in New Zealand dollars and exclude any applicable taxes, duties or levies, which are also payable by you. All charges are non refundable and not subject to return or credit for any reason.
User Logins and Passwords
The website and its content are restricted to authorized users only and can only be accessed with the login account and password assigned to you. You shall be responsible for maintaining the confidentiality of your password and login details and must notify [company] if the password is lost, stolen or may have been compromised. You must immediately notify us of any unauthorized use of your account or any other breach or attempted breach of security known to you in relation to the website or the Services. We reserves the right to suspend or terminate your password and access to the Services at any time and for any reason.
Changes to Services
We may make modifications or changes to the website and/or the Services (which changes may or may not affect the functionality and/or your ability to use the website and/or the Services) without notice to you at any time and in our sole discretion. As your access to and use of the website and Services is internet based, it may be affected by limitations, delays, interception and other problems inherent to the use of the internet and electronic communications. We are not responsible for any delays, interception, delivery failures, or any other loss or damage flowing from such problems.
Visual Estimation Tool
The Services are made available as a visual estimation tool only and is not intended to be a substitute for good practice and the application of knowledge, expertise and good judgment gained by the user over time.
Disclaimer of Warranties and Limitation on Liability
The Services are made available to you on an “as is” and “as available” basis, without any warranties or conditions of any kind. Your use of, and any reliance upon, the website and the Services is at your own sole risk. You are solely responsible for ensuring the accuracy and completeness of any information you submit through the website and for verifying the reliability, timeliness, quality, suitability, accuracy or completeness of information obtained through your use of the website and the Services.
To the fullest extent permitted by law, all representations and warranties, express or implied, statutory or otherwise, including, but not limited to any implied warranty of quality, merchantability or fitness for a particular purpose are hereby disclaimed.
We shall not be liable to you or any third party for any loss or damage of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, loss or corruption of data, lost profits or revenue or failure to realize expected savings arising from or connected with your use of the website or the Services even if we had previously been advised of the possibility of such damages. To the extent that we are found to be liable the maximum liability of FIELDFIX Limited will be limited in the aggregate to $250.00 New Zealand dollars.
These terms constitute the entire agreement, arrangement and understanding between us with respect to their subject matter, and our failure to enforce any right shall not constitute a waiver of such right.
These terms will be governed by New Zealand law and you agree to submit to the jurisdiction of the courts of New Zealand.