Ш Terms

Terms of Service Agreement

Welcome to DebtorLink New Zealand's Terms of Service Agreement ("Agreement"). This Agreement describes the terms and conditions ("Terms") applicable to your use of our services and The Terms apply both to those completing the registration process ("Subscribers") and other visitors to DebtorLink New Zealand (apart from Terms clearly applicable only to Subscribers).

PLEASE READ THIS AGREEMENT CAREFULLY!

1.0  Continuing Acceptance of Terms

When using the Service (including completion of the registration process), you agree to the terms and conditions of this Agreement, which DebtorLink in its discretion may change from time to time. We will post a notice on our web site (the "Web site") and where possible electronically notify you to inform you of any changes to the Terms. If you do not agree to the changes, you must discontinue using the Service, and immediately inform DebtorLink by written notice, sent by post, of your intention to discontinue using the Service and the effective date of such discontinuance. Thereafter, DebtorLink will refund to you a proportion of the Basic Annual Subscription calculated on a pro rata basis from the date of receipt by DebtorLink of your letter of discontinuance or effective date of discontinuance, whichever is the later. Your continued use of the Service will signify your acceptance of the changed Terms. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement. This Agreement may not be otherwise modified except by writing signed by an authorized officer of DebtorLink

2.0  Who can use DebtorLink?
The Service is only available to individuals or companies (or other legal entities). Individual Subscribers must be at least 18 years of age. DebtorLink, in its sole discretion, may refuse the service to anyone at any time and without reason.

3.0  Registration Obligations
If you register with us, you agree to: (a) provide true, accurate, current and complete information about your organisation (or yourself in the case of an individual subscriber) as prompted by the subscriber information form on our website, and (b) maintain and promptly update the subscriber information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, DebtorLink has the right to suspend or terminate your registration and/or refuse any and all current or future use of the Service (or any portion of it). If you have registered with us on behalf of a company or other entity, then you represent and warrant that you have the authority to bind such company or other entity to the Terms.

4.0  Fees
4.1 In consideration of being granted a password and username and being granted access to the Service you agree to pay to DebtorLink for the subscription charges generated. Payment may be made by direct credit, credit card or cheque. Credit Card payment is available by telephone only authorisation and all cheque payments must be made within 31 days of the invoice being generated ("Date of Registration"). In the event that your cheque is dishonoured, you will be informed of this in which you have seven (7) days to make alternative payment arrangements. Should payment not be made within this time, your access rights will be suspended until payment is receipted. Your access to the Service is liable to be revoked without notice if prompt payment is not made.

4.2  The Basic Annual Subscription covers
(1) unlimited searches of the notices held and (2) unlimited use of the personalised e-mail notifications service and (3), up to 5 additional user accounts. Subscribers are responsible for payment of all applicable taxes and any other costs they may incur in using the DebtorLink service.

5.0  E-mail Password and Security
After successful registration as a Subscriber you will receive an e-mail, which comprises of your confirmed username and password. You are solely responsible for maintaining the confidentiality of your password and username and fully responsible for all activities facilitated by your password or username. In addition, you undertake to ensure that those entrusted with your five additional general user accounts are also familiar with these Terms. You agree that you as the Subscriber will be wholly responsible for all actions taken and any losses, costs or claims whatsoever incurred as a result of usage of the services provided by DebtorLink. You agree to (a) immediately notify DebtorLink of any unauthorised use of your password or username including that of your general user accounts, and (b) ensure that you properly exit the Website at the end of each session. DebtorLink will not be liable for any loss or damage arising from your failure to comply with this term.

6.0  Copyright
The contents of this Website, such as text, graphics, images and other material ("Material"), are protected by copyright under foreign laws. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material or any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose other than is necessary for your or your company's needs is prohibited. If you breach any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

7.0  Privacy
DebtorLink will only use any personal information you provide to us in accordance with our Privacy Statement. The complete terms of our Privacy Statement are provided on our website.

8.0  DebtorLink is not liable for any errors or omissions with respect to its failure to (a) include any or all debtor notices or related information; (b) assign or inaccurately assign any keywords, attributes, classifications, categories or other descriptive term to any debtor notice or related information; or (c) manipulate or inaccurately manipulate any data relating to any debtor notice or related information.

8.1  You are responsible for ensuring you have and maintain adequate and functioning computer hardware and software to ensure access to DebtorLink. In the event of a malfunction, degradation in processing or computer or human error, you agree to find alternative methods to receive debtor notices or related information.

8.2  DebtorLink is not liable in any way for any direct or consequential damage (monetary or otherwise) resulting from any interruption in service however caused or experienced by but not limited to (a) any Internet Service Provider ("ISP"), (b) telecommunications provider or (c) internal or public network provider.

9.0  Termination
You agree that DebtorLink, in its sole discretion, may terminate your password and username designation or use of the Service, and remove and discard any information or data you provide to us or another user if DebtorLink believes you have transgressed this Agreement. DebtorLink may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. In the event that DebtorLink discontinues provision of the Service to you owing to any reason other than a breach of any term of this Agreement by you, DebtorLink shall refund to you a proportion of the Annual Basic Subscription calculated on a pro rata basis from the date of such discontinuance. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that DebtorLink may immediately deactivate or delete your account and related information and files in your account and/or bar any further access to such files or the Service. Further you agree that DebtorLink shall not be liable to you or any third party for any termination of your access to the Service. Paragraphs [6, 7, 12, 13 and 14] shall survive any termination of this Agreement.

10.0  Disclaimer
Unfortunately, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. DEBTORLINK NEW ZEALAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRRINGEMENT. DEBTORLINK NEW ZEALAND MAKES NO WARRANTY THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, OBTAINED BY YOU OR ANY USER THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEBTORLINK NEW ZEALAND OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. Note: Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from jurisdiction to jurisdiction.

11.0  Limit of liability
11.1 USERS EXPRESSLY UNDERSTAND AND AGREE THAT DEBTORLINK NEW ZEALAND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEBTORLINK NEW ZEALAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICE (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (3) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.

11.2  DebtorLink does not underwrite the identity of any other party or other user of the Website and will not be held liable for any losses, costs or claims whatsoever arising out of any fraudulent or mistaken identity assumed by any party using the Website or any unauthorised use of any digital certification issued thereunder.

11.3  NOTHING IN THIS CLAUSE EXCLUDES DEBTORLINK NEW ZEALAND'S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED THROUGH THE NEGLIGENCE OF DEBTORLINK NEW ZEALAND, ITS EMPLOYEES, SERVANTS OR AGENTS, NEITHER DOES IT SEEK TO EXCLUDE LIABILITY FOR FRAUDULENT MISREPRESENTATION BY DEBTORLINK NEW ZEALAND

11.4  In cases of any losses not otherwise excluded by a term of this Agreement, DebtorLink's total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Agreement, or based on any claim for indemnity or contribution will not exceed the sum of the Subscription paid by you to DebtorLink New Zealand.

12.0  Indemnity
You agree to indemnify and hold DebtorLink New Zealand and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party owing to or arising out of your breach of this Agreement or the documents it incorporates by reference (including, without limitation use of digital certification for an unauthorized purpose), or your violation of any law or the rights of a third party.

13.0  Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service complying with all applicable laws regarding the transmission of technical data exported from the country in which you reside or other relevant jurisdiction.

14.0  Links
The Service may provide, or third parties may provide, links to other World Wide websites or resources. Because DebtorLink has no control over such sites and resources, you acknowledge and agree that DebtorLink is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DebtorLink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

15.0  Notices
Except as explicitly stated otherwise, any notices shall be given by email to DebtorLink to the email address you provide to DebtorLink during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by prepaid postage to the address provided to DebtorLink during the registration process. In such case, notice shall be deemed given four (4) days after the date of mailing.

16.0  Force Majure
DebtorLink shall not be liable to you for delays and failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of god, labour disputes, disturbances, material shortages, or rationing, riots, acts of war, government regulations, communication or utility failures, or casualties.

17.0  Assignment
DebtorLink New Zealand may assign this Agreement without your consent.

18.0  Miscellaneous
This Agreement constitutes the entire agreement between you and DebtorLink New Zealand and governs your use of the Service, superseding any prior written or oral agreements between you and DebtorLink. The Agreement shall be governed by the laws of the country in which DebtorLink is represented and the parties submit to the exclusive jurisdiction of them. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Headings are for reference purpose only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. References to the singular shall include the plural and vice versa.