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This agreement is held between Global Office Limited ("MCI") and
you ("user", "the user", "you") for the use of the MCI website ("website",
"the system", "the MCI system")
1.
Terms and Conditions: These Terms and Conditions
apply to your use of this website. By using this website, you are deemed to
have read and agree to be bound by these Terms and Conditions. If you do not
accept these Terms and Conditions, you must cease using the MCI system immediately.
2.
Privacy Policy: Global Office Limited
recognizes that privacy is important. Global Office Limited agrees to
keep all personal and company information provided by you confidential. In
the course of providing services to you MCI may collect information such as
your email address, name, user password etc. Global Office Limited will only
share this information in the following circumstances;
o We
have your consent.
o We
provide such information to our subsidiaries, affiliated companies or other
trusted businesses or persons for the purpose of processing personal
information on our behalf. We require that these parties agree to process
such information based on our instructions and in compliance with this Policy
and any other appropriate confidentiality and security measures.
o We
have a good faith belief that access, use, preservation or disclosure of such
information is reasonably necessary to satisfy any applicable law,
regulation, legal process or enforceable governmental request.
3.
Amendments: MCI reserves the right to amend these
Terms and Conditions from time to time. Amendments will be effective
immediately upon being placed on this website. Your continued use of the
website following such amendments being placed on this website will represent
an agreement by you to be bound by the Terms and Conditions as amended. Such
amendments may include replacing these Terms and Conditions with entirely new
Terms and Conditions.
4.
Intellectual Property: Unless otherwise stated, MCI
is the owner of all copyright, trademarks and other intellectual property
rights in this site or has a valid right to use such copyright, trademarks
and other intellectual property rights in this site. This includes without
limitation all intellectual property rights in respect of all processes,
methods, text, graphics, logos, images and any downloads that may be offered
on this website. MCI's ownership of and right to use such intellectual
property is protected by both New Zealand and international law.
5.
Licence: MCI grants you a limited licence
("Licence") for the purpose of accessing and making use of this site. Any
contravention by you of these Terms and Conditions terminates the Licence
immediately. Under no circumstances, without the prior written approval of MCI,
may you adapt, reproduce, store, distribute, print, display, publish or
create derivative works from any part of this website other than in
accordance with the Licence. You shall not use any data gathering and
extraction tools or software to extract information from this site. You shall
not frame or utilize framing techniques to enclose any of the contents of
this website without MCI's express prior permission. You may not use any meta
tags or other hidden text which incorporate MCI's name or any of its intellectual
property including trademarks without the MCI's express prior permission.
Using any information or content included on this website other than in
accordance with the terms of the Licence is strictly prohibited. You agree to
fully indemnify MCI for any loss or damage it may suffer in contract, tort,
equity, statute, regulation or otherwise, including without limitation any
economic loss, loss of turnover, profits, business or goodwill, whether
direct or consequential, in respect of any third party claims against MCI its
related parties, employees, contractors or agents, that may arise as a result
of your breach of the Licence.
6.
Linked Websites: This website may contain
links to other websites ("linked websites"). Those links are provided for
convenience only and may not remain current or be maintained. MCI is not
responsible for the content or privacy practices associated with linked
websites. Our links with linked websites should not be construed as an
endorsement, approval or recommendation by us of the owners or operators of
those linked websites, 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.
7.
Links: MCI requires that you obtain the prior written approval of MCI
before providing any link to this website. Where such approval is given, you
further agree that you will not use any MCI logo, trademark or other
proprietary graphic as part of such link without the express prior approval
of MCI.
8.
Accessing: You must take your own precautions to
ensure that the process which you employ for accessing this website does not
expose you to the risk of viruses, malicious computer code or other forms of
interference which may damage your own computer system. MCI does not accept
responsibility for any interference or damage to your computer system which
may arise in connection with your use of this website or any linked website.
9.
Exclusion of Warranty: To the fullest extent
permitted by law, in relation to your access and use of this website any
condition or warranty either express or which would otherwise be implied by
law into these Terms and Conditions is hereby excluded.
10. Exclusion
of Liability: Under no circumstances will MCI, its employees or its agents be
liable to you in contract, tort, equity, statute, regulation or otherwise for
any loss, damage, costs, legal costs, professional and other expenses of any
nature whatsoever incurred or suffered by you or by any other third party,
whether direct or consequential (including without limitation any economic
loss or other loss of turnover, profits, business or goodwill) arising out of
any dispute or contractual, tortious or other claims or proceedings made by
or brought against you which relate in any way to your access and use of the
website or in respect of any failure or omission on the part of MCI to comply
with its obligations as set out in these Terms and Conditions in respect of
your access and use of the website.
11. Limitation
of Liability: In the event that any limitation or provision contained in
these Terms and Conditions is held to be invalid or unenforceable for any
reason and MCI becomes liable for any loss or damage that would otherwise
have been excluded, MCI's maximum liability in contract, tort, equity,
statute, regulation or otherwise for any loss, damage or injury directly or
indirectly arising in respect of your access and use of the website is to be
limited to $50 in New Zealand currency.
12. Jurisdiction:
This website is governed by and is to be interpreted in
accordance with the laws of New Zealand and in all matters relating to or
arising from your use of the website, you agree to submit to the
non-exclusive jurisdiction of the Courts of New Zealand.
13. Disputes: In
the event that you have a dispute in respect of the content of this website
or relating to or arising from your use of this website you must immediately
notify MCI in writing giving details of the dispute. If MCI and yourself
cannot resolve the dispute within ten (10) working days, it will then be
submitted to mediation by a mediator agreed to by both yourself and MCI or,
failing agreement, appointed by the President for the time being of the
Arbitrators and Mediators Institute of New Zealand. If the matter is not
resolved by mediation within ten (10) workings days from there, the matter
will be submitted for arbitration of a single arbitrator to be appointed by
the President for the time being of the Arbitrators and Mediators Institute
of New Zealand in accordance with the Arbitration Act 1996 (NZ). Unless
agreed otherwise by MCI, all such mediation and arbitration proceedings shall
take place at a venue in New Zealand to be chosen by MCI acting entirely at
its own discretion and shall be conducted in the English Language. 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.
14. Failure
to Comply: MCI accepts no liability for any failure to comply with these
Terms and Conditions where such failure is due to circumstances beyond its
reasonable control.
15. Waiver:
If MCI waives any rights available to it under these Terms and
Conditions on one occasion, this does not mean that those rights will
automatically be waived on any other occasion.
16. Severability: If
any of these Terms and Conditions is held to be invalid, void, unenforceable
or illegal for any reason, such provision shall be deemed to be severed from
these Terms and Conditions and the remaining Terms and Conditions shall
continue in full force.
17. Queries:
If you have any queries in regard to these Terms and Conditions please
don't hesitate to contact us.
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