The Software is owned and operated by Flexitime Limited (”Flexitime”), New Zealand Company Number 2333570.
These Terms do not apply to your access to and use of the products and services which we market for subscription on our Website (our “Services”). The practices and policies, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by You (“Service Data”) are detailed in and governed by our Subscription Agreement, available here, or such other applicable agreement between you and Flexitime relating to your access to and use of such Services (“Service Agreement”).
1. Changes to Terms.
These Terms, or any part of them, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Software after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
2. Changes to Software.
We may change or discontinue any aspect, service or feature of the Software at any time, including, but not limited to, content, availability, and equipment needed for access or use.
3. User Conduct Guidelines.
The following terms apply to your conduct when accessing or using the Software: (a) you agree not to interfere with or disrupt the Software or the servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Software; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Software, use of the Software, or access to the Software; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, Flexitime or any subsidiary company or employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Software or posting private information about a third party.
4. Intellectual Property Rights.
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, colour scheme, selection, combination and arrangement of the Content present in the Software is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
5. Disclaimer of Warranty; Limitation of Liability.
you expressly agree that use of the Software is at your sole risk. Flexitime, its subsidiary companies nor any of their respective employees, agents, third party content providers, third-party service providers or licensors do not warrant that use of the Software will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Software, nor as to the accuracy, reliability or content of any information, service, or merchandise provided through the Software.
the Software is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.
to the fullest extent permissible by applicable law, in no event shall Flexitime, or its subsidiary companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Software or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Software, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or in the Software. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behaviour, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if Flexitime or subsidiary companies have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that Flexitime or subsidiary companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Software or any other third parties.
If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Software, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Software.
You agree to defend, indemnify and hold harmless Flexitime, its subsidiary companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Software by you. Flexitime reserves the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Flexitime with such cooperation as is reasonably requested by Flexitime.
We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Software if any conduct occurs by you which we, in our sole discretion, consider to be unacceptable, or if any breach occurs by you of these Terms. Sections 2, and 3-9 shall survive termination of these Terms.
8. Governing Law.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Software, and/or the provision of content, services, and/or technology on or through the Software shall be governed by the laws of New Zealand.
These Terms and any operating rules for the Software established by us constitute the entire agreement of the parties regarding the subject matter, and supersede all previous written or oral agreements between the parties regarding such subject matter. The provisions of these Terms are for the benefit of Flexitime, its subsidiary companies and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used are for convenience only and shall be given no legal meaning.