Terms of Use

The use of our website www.able.co.nz (the “Website”) is subject to these terms of use (“Terms of Use”). Please read these Terms of Use carefully before you start to use the Website. Your use of the Website constitutes your agreement to be bound by the Terms of Use. If you do not agree to these terms of use, please refrain from using the Website.

Modification
We aim to update our Website regularly, and may change, edit, delete or revise the content of the Website from time to time, including these Terms of Use. Please check this page for changes which have been made to the Terms of Use. By continuing to use the Website you accept these Terms of Use as changed, edited or revised from time to time.

Information about us
The Website is operated by The Media Access Charitable Trust (“Able”, “we”, “us”, “our”). We are a Charitable Trust registered in New Zealand.

Privacy
Please read the terms of our Privacy Policy which contains important information about how we use personal information about you which you provide when using the Website (including information about how we use cookies on the Website). Our Privacy Policy can be accessed via the link located at the bottom of every page of this Website.

Intellectual property rights
We are the owner or the licensee of all copyright, design rights, database rights, trade marks and other intellectual property rights in this Website and in the material published on it. You may not translate, broadcast, perform, modify, copy, distribute, frame, reproduce, republish, display, post, transmit or sell in any form or by any means any content or intellectual property appearing on this Website without the owner’s prior written consent.

Liability
Except where prohibited by law, the material on this Website is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and liability is excluded in respect of losses or damages arising out of such unavailability.

Nothing in these Terms of Use shall limit or exclude our liability to you for fraud or fraudulent misrepresentation or any other matter for which it would be illegal for us to exclude, or attempt to exclude, liability.

Access to and use of this Website is at the user’s own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property or data, including but not limited to loss of data or computer virus infection. We exclude liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Website.

Subject to the other provisions of this clause “Liability”, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) arising from any claim arising out of or in connection with the use of the Website, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:

(a) any indirect, special or consequential losses;
(b) any losses or damages arising out of changes made to the content of this Website by unauthorised third parties; or
(c) loss or damage to your, or any third parties’, data or records.

Except as expressly provided in these Terms of Use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.

Links to other websites
The use of third party websites is entirely at your own risk. Where our Website contains links to other sites and resources, provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Linking to our Website
You may link to our home page only with our prior written consent (which we may grant or withhold at our absolute discretion), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page unless written permission is granted by us. We reserve the right to withdraw linking permission without notice.

Viruses and protection
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

We will report any breach of the clause above to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them to the extent permitted by legislation. In the event of such a breach, your right to use our Website will cease immediately.

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential and indirect loss) or damage that we may incur resulting from misuse of the Website by you.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

Jurisdiction
The Website and these Terms of Use are governed by the laws of New Zealand and the courts having jurisdiction in New Zealand will have non-exclusive jurisdiction with respect to any dispute arising under, or in relation to your use of the Website or these Terms of Use. You irrevocably submit to the jurisdiction of those courts. We also retain the right to bring proceedings in any other court of competent jurisdiction of our choice.

Severance
If any part of these Terms of Use is determined to be invalid or unenforceable by a court of competent jurisdiction, it will be severed from the rest of these Terms of Use which shall remain unaffected.

No waiver
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.