General Terms and Conditions of Use of the Shark Patrol website
The following terms and conditions (“Terms”) apply to all users of the sharkpatrol.co.nz Site (“the Site”) and to all services provided through the Site by Shark Patrol Limited (“Shark Patrol”, “we” or “us”). By using the Site you will be deemed to agree to these Terms. If you do not agree to be bound by these Terms, you must stop accessing and using the Site immediately.
Use of the Site
Shark Patrol provides the Site to enable the sharing of credit information, debtor credit default information and other personal information (“Credit Information”) between businesses and for that Credit Information to be viewed and purchased through processes available on the Site. To share, view or purchase Credit Information through the Site, you must register as a member and agree to the Membership Agreement (“Member”).
For more detail about the types of Credit Information that might be submitted and accessed by Members, please refer to the Membership Agreement.
1. User Conduct
Whether you are a Member or not when using the Site you must not:
- defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post any inappropriate, defamatory, untrue, offensive, malicious, infringing, obscene, indecent, threatening or unlawful Credit Information or other content;
- post any Credit Information that infringes that Privacy Act 1993 or the Credit Reporting Privacy Code 2004;
- post any message or material that infringes the intellectual property rights of any third party;
- post any Credit Information, message or material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;
- post any files that contain viruses, corrupted files, or other programs that may damage the operation of another’s computer;
- impersonate any other person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a posted file;
- prevent any other person from using the Site;
- conduct or forward competitions, surveys or chain letters;
- hack into any part of the Site;
- send any unsolicited electronic messages (i.e. spam) or other advertisement or promotional material;
- commit or encourage a criminal offence; or
- is otherwise in breach of any relevant statute or rule of law.
Whilst reasonable care has been taken to ensure the facts stated in the Site are accurate and the opinions given are fair and reasonable, neither we nor any of our employees, to the fullest extent permitted by law, will in any way be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).
3. Proprietary Rights in Content and Confidentiality
All intellectual property in the content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files is the property of Shark Patrol and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Shark Patrol’s prior written consent, except that you may print, or download to your hard drive, extracts from the Site only for your own use.
4. Credit Information and Shark Patrol’s right to monitor
We do not control or endorse and are not responsible for the Credit Information posted by Members on the Site, and we have no obligation to monitor Credit Information. However, we may:
- review the Site and delete or remove any Credit Information that is in breach of these Terms or the obligations of the Members as set out in the Membership Agreement;
- disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Credit Information.
If you are dissatisfied with any of Credit Information on the Site, you should notify us immediately and discontinue use of the Site.
The contents on the Site may include links to third party materials (“linked sites”). We will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website or any association with their operators. We reserve the right to prohibit links to the Site and you agree to remove or cease any link upon our request. You may not frame any part of the Site material by including advertising or other revenue generating material.
Any dealings with any advertiser appearing on the Site are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
The Site makes Credit Information and material available to you as a service provided that you sign up as a Member. Use of the Site material is at your own risk. We are not responsible for any adverse consequences arising out of the use of Credit Information or any other content contained on the Site. The material provided on the Site has not been prepared by taking into account the particular objectives, situation or needs of any individual users. You should assess whether it is appropriate in light of your own objectives, situation and needs. We do not give any warranty of accuracy or reliability of Credit Information contained on the Site to you or any other person. To the extent permitted by law we exclude all responsibility and liability for such Credit Information.
8. Exclusion of warranties
The Consumer Guarantees Act 1993 may confer rights and remedies on you which cannot be excluded, restricted or modified. However, we do exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, customs or otherwise in relation to the Site.
9. Termination of access
We may terminate your access to any part of, or all of the Site at any time for any reason without notice. We reserve the right to cease operating the whole or any part of the Site at any time.
10.Changes to Terms
We reserve the right to change these Terms at any time by notifying users of the existence of revised Terms through the Site. By continuing to access the Site, you agree to be bound by the amended Terms.
If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other Term.
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
13. Governing Law
These Terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
General Terms and Conditions of Use last updated 30 March 2012