In the Terms the following words have the meanings set out below:
"Content" means any data, information, pictures, graphics, software and other material used or displayed on the Website.
"Restricted Section" means any section of the Website which may only be accessed by registered users using a log-in issued by us.
"User" means any user of the Website.
"we", "us" and "our" refer to InCommon.
"you" and "your" refer to you, as a User of the Website.
2. Use of the Website
2.1. While using the Website you agree that you will not use the Website for any purpose that is unlawful or prohibited by the Terms.
2.2. Without limiting paragraph 2.1, you agree that you will not:
a) Link to the Website without our prior written consent;
b) Interfere with or disrupt networks connected to the Website or while accessing or in the Website conduct yourself in a manner that will or is reasonably likely to negatively affect the Website or other Users;
c) Attempt to modify, reverse engineer or reverse-assemble any part of the Website;
d) Attempt to gain unauthorised access to any Restricted Section of the Website through password mining or any other means; or
e) Violate any applicable laws or regulations.
2.3. We do not control all of the Content on the Website. If you become aware of any Content that is incorrect, inaccurate or otherwise inappropriate please notify us and we will review the Content and where we consider appropriate take steps to remove it or have it updated or corrected. Subject to paragraph 2.5, we do not warrant or guarantee:
a) The accuracy or correctness of the Content on the Website;
b) That the Content will be free from viruses or other destructive properties; or
c) That the operation of the Website will be uninterrupted or error free, and to the fullest extent permitted by law we will not be liable for any loss or damage arising directly or indirectly from the above. You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the Content on the Website lies with you.
2.4. The Website contains Content that is developed and/or provided by third parties ("Third Party Content"). Subject to paragraph 2.5:
a) We do not endorse or warrant any Third Party Content present on the Website; and
b) We take no responsibility for the Third Party Content and any representations made.
2.5. The Consumer Guarantees Act 1993 may imply warranties and conditions that cannot be excluded and the Terms should be read subject to those provisions. However, you agree that if you access the Website for business purposes the guarantees contained in the Consumer Guarantees Act 1993 will not apply to you.
3. Intellectual property
3.1. You acknowledge that we are the proprietor or authorised licensee of the copyright, trade marks (whether registered or not) and all other intellectual property rights in the Content displayed on the Website.
3.2. You agree that you will not reproduce, publish, transmit or distribute in any way any Content without our prior written consent.
4. Links to third party websites
4.1. Any link to and from a third party website is not under our control and we are not responsible for the content on any linked website.
4.2. If you visit a linked website you will be subject to the terms and conditions of that website and any dealing will be solely between you and the other website.
5.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a) the Website being unavailable (in whole or in part) or performing slowly;
b) any error in, or omission from, any information made available through the Website;
c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
5.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
6. Applicable laws
The Terms will be governed by New Zealand law and you submit to the exclusive jurisdiction of the courts of New Zealand.
If any part of the Terms is deemed invalid or unenforceable the remaining provisions shall remain in full effect.
If you have questions or queries in relation to the Website or the Terms, please contact us at firstname.lastname@example.org