5. Restrictions: You shall not:
(a) Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than strictly in accordance with the Licence;
(b) Use any data gathering and extraction tools or software to extract information from the Website;
(c) Frame or utilise framing techniques to enclose any of the contents of the Website;
(d) Use any meta tags or other hidden text which incorporate SuperiorMaker’s name or any of its intellectual property including trade marks;
(e) Breach any provision of the Widget Policy;
(f) Utilise any automated software or ‘bots’ in relation to your access or use of the Website, Materials or Services; and
(g) Use any information or content included in or related to the Website, Materials or Services other than in accordance with the terms of the Licence,
unless you have the express prior written permission of SuperiorMaker.
6. Proprietary Notices: In the event that you are granted permission by SuperiorMaker to use the Website or Materials other than as provided for by the Licence, subject to any contrary agreement you reach with SuperiorMaker, you must ensure that all copyright, trade mark and other proprietary notices contained in the Website or Materials or otherwise advised by SuperiorMaker are retained.
8. Content: While SuperiorMaker has endeavoured to take all reasonable and appropriate care in the preparation of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate, SuperiorMaker does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. SuperiorMaker does not undertake to keep any of the Website, Materials and/or Services updated. To the greatest extent permitted at law SuperiorMaker will not be liable for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services including without limitation where such loss or damage is a result of or contributed to by the negligence of SuperiorMaker.
9. Linked Websites: The Website, Materials and/or Services may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. SuperiorMaker is not responsible for the content or privacy practices associated with Linked Websites. SuperiorMaker’s links with Linked Websites should not be regarded as approval or as an endorsement of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary on this Website.
10. Links: If you provide a link to the Website you agree that you will not use any SuperiorMaker logo, trade mark or other proprietary graphic as part of such link without the express prior written approval of SuperiorMaker.
11. Collecting Information: Whenever you access or make use of any of the Website, Materials or Services, SuperiorMaker may as applicable collect the following types of information from you:
(a) The lP address of your machine when connected to the internet and the domain name from which you are accessing the internet;
(b) The operating system and the browser your computer uses and any search engine you are using;
(c) The date and time you are visiting;
(d) The URLs of the Website pages you visit; and
(e) Information relating to the actions you undertake within the Website,
as well as any other information you may explicitly provide SuperiorMaker in the course of accessing or making use of any of the Website, Materials or Services.
12. Further Collection: Where possible, information will be obtained directly from you. However, you acknowledge that by accessing or making use of any of the Website, Materials or Services that information may also be collected from you as a result of the workings of the Website, Materials or Services as applicable and the attached systems and software.
13. Use of Information: SuperiorMaker uses the information provided by you or generated by your accessing or making use of any of the Website, Materials or Services to provide the services SuperiorMaker provides to you in relation to any of the Website, Materials or Services. SuperiorMaker also uses information collected from you to assess the performance of the Website, Materials and Services and to ensure that the Website, Materials and Services serve your needs in the most efficient manner possible.
16. Data Transmission: Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst SuperiorMaker strives to protect such information, we do not warrant and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
17. Accessing Information: If you are an ‘Individual’ as that term is defined in the Privacy Act 1993 you are entitled to access any information which SuperiorMaker may hold about you and SuperiorMaker is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request that SuperiorMaker correct any inaccuracies in any information which SuperiorMaker holds about you. SuperiorMaker is entitled to charge you for the reasonable costs of retrieving, providing this information and as applicable correcting this information.
19. Disclosing Information: You also agree that to the greatest extent permitted at law SuperiorMaker is entitled to disclose information it holds about you without your prior permission if SuperiorMaker reasonably believes that such disclosure is necessary to:
(a) Meet legal requirements;
(b) Comply with legal process or help to maintain the law;
(c) Protect SuperiorMaker’s rights or property or that of SuperiorMaker’s related companies or associated entities; or
20. Combining Information: To the greatest extent permitted at law, SuperiorMaker may combine any information which it collects from you or otherwise obtains, with information collected or otherwise obtained by its related companies or associated entities.
21. Lost Data: In the event that any information or data relating to you or your use of any of the Website, Materials and Services held by SuperiorMaker or any third party on behalf of SuperiorMaker is lost, corrupted or otherwise no longer reasonably available or accessible as judged by SuperiorMaker in its sole discretion, you agree that SuperiorMaker will have no liability to you of any nature relating to any such information or data.
22. Accessing: You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Website, Materials and/or Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. To the greatest extent permitted by law SuperiorMaker does not accept responsibility for any interference or damage to your computer system which may arise in connection with your accessing or making use of the Website, Materials and/or Services.
26. Jurisdiction: This Website is governed by and is to be interpreted in accordance with the laws of New Zealand and, subject to clause 31, in all matters relating to or arising from your use of this Website, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand. If you are accessing or making use of any of the Website, Materials and Services from outside of New Zealand then you agree that you are entirely responsible for ensuring that your access and use of any of the Website, Materials and Services will not contravene any laws in your country.
27. Disputes: In the event that you have a dispute in respect of the Website, Materials and/or Services or relating to or arising from your use of the Website, Materials and/or Services you must immediately notify SuperiorMaker in writing giving details of the dispute. If SuperiorMaker and yourself cannot resolve the dispute within fourteen (14) days of receipt by SuperiorMaker of such notice then to the greatest extent permitted at law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both you and SuperiorMaker or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand at the request of either party. If the matter is not resolved by mediation within fourteen (14) days from there, (unless you are a consumer as defined in the Consumer Guarantees Act 1993), the matter will be submitted for arbitration in accordance with the Arbitration Act 1996 by a single arbitrator agreed to by both you and SuperiorMaker or, failing agreement appointed by the Arbitrators and Mediators Institute of New Zealand at the request of either party. Unless agreed otherwise by SuperiorMaker, all such mediation and arbitration proceedings shall take place at such location in New Zealand or by such means (including without limitation teleconference or videoconference) as shall be chosen by SuperiorMaker acting entirely at its own discretion. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.
31. Entire Agreement: This Agreement constitutes the entire agreement between you and SuperiorMaker in respect of its subject matter and supersedes any previous understandings, representations or agreements on that subject matter.