1. OWNERSHIP AND USE OF WEBSITE

1.1

Ownership:  This Website is owned and operated by Nui Markets NZ Limited (“Nui”, “we”, “our” and “us”) and your use is governed by these Website Terms and Conditions.  By accessing and browsing this Website you agree to be bound by such terms.

1.2

Suspension and termination:  We reserve the right to alter, suspend or terminate this Website temporarily or permanently at any time or to deny access to this Website without notice.

1.3

Amendments:  We reserve the right to amend these Terms and Conditions, in whole or in part, for any reason and without notice to you.  Amendments will be effective immediately upon posting of the amended Website Terms and Conditions on this Website.  The date at the beginning of these Website Terms and Conditions will be updated to the date such amendments take effect.

1.4

Unlawful or prohibited use:  You must not:

(a) use this Website for any purpose that is fraudulent, unlawful or prohibited by these Website Terms and Conditions;

(b) take any action that could interfere with the normal operation of this Website;

(c) use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website; or

(d) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.

2. INTELLECTUAL PROPERTY RIGHTS

2.1

Ownership of Intellectual Property Rights:  We own all intellectual property rights in this Website and the software and other material underlying and forming part of the services we provide on or via this Website.  You may not adapt, reproduce, copy, store, distribute, print, display, publish or create derivative works from any part of this Website or commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

2.2

Materials protected:  Material that you see on the Website may be protected by copyright, trade mark, patent or other protections, even if it is not stated to be and may not be reproduced, copied or distributed in any way whatsoever other than for your own personal and non-commercial use.

2.3

Non-infringement:  Your use of this Website must not infringe the intellectual property rights of any person.

3. DISCLAIMERS

3.1

Use as appropriate:  Users of this Website must make their own assessment of the suitability and appropriateness of our products and services for their particular purpose.

3.2

No warranties:  The material contained on this Website is provided on a “as is” and “as available” basis, and without warranty of any kind either express or implied.  In particular, no warranties, express or implied, are provided:

3.3

(a) that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected or that this Website is free of any virus or other harmful elements; or

(b) as to the correctness, accuracy or reliability of material contained on the Website.

3.4

Security:  When using this Website, we make no warranty in respect of the strength or effectiveness of this Website’s ability to protect any information you provide from unauthorised access.

4. LIABILITY AND INDEMNITY

4.1

Exclusion of liability:  To the maximum extent permitted by law, in no event shall we be liable for any direct, indirect, special or consequential, loss, damage or injury of any kind whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this Website or otherwise arising out of the use of this Website, whether based on contract, tort, negligence or otherwise. 

4.2

Discontinued use:  If you are dissatisfied with any portion of this Website, or with any of these Website Terms and Conditions, your sole and exclusive remedy is to discontinue using this Website.

4.3

Third party promotions:  We shall have no liability whatsoever in respect of any advertisements or other promotions of third parties that appear on this Website.

4.4

Indemnity:  You agree to release and indemnify us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Website Terms and Conditions.

5. LINKED WEBSITES

5.1

Linked websites:  This Website may contain links to other websites ("Linked Sites").  The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.  Linked Sites are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the website, the operator of the website, the website’s content or any association by us with its operators.  Links to other websites should not be construed as any endorsement, approval or recommendation by us of the materials on, or operators of, such websites.

6. BROWSER INFORMATION AND COOKIES

6.1

Browser information:  When you view materials on this Website, we may collect information that your browser sends to us.

6.2

Cookies:  A cookie is a small text file that can be stored on your computer when you visit a website.  A web server sends you a cookie and your browser accepts it.  The browser then returns the cookie to the web server next time you visit that particular website.  Cookies are widely used on websites to help with navigation, monitor usage and to help personalise your experience when you visit a website.  We may use cookies to monitor use of this Website, to provide you with access to tailored information and services from this Website, and to serve you better when you return to this Website.

7. COLLECTION OF PERSONAL DATA 

7.1

Your personal data will be collected while visiting the Website. Please read our privacy statement for more information: www.nuimarkets.com/privacy

8. GENERAL

8.1

Severability:  If any part of these Website Terms and Conditions is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of these Website Terms and Conditions, which will remain in full force.

8.2

Governing law and disputes:  These Website Terms and Conditions, and any dispute relating to these Website Terms and Conditions or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. If we have any issues which need to be resolved by a court, you agree to the exclusive jurisdiction of New Zealand courts.