Powerbase Website Terms & Conditions
The information data and material ("Information") contained in this website ("website") has been prepared solely for the purpose of providing information about Powerbase Limited ("Powerbase"/"we"/"us"/"our") and its members.
P O Box 2424
Tel: (03) 348 1830
Fax: (03) 348 1832
Your access to the website is subject to the following terms and conditions ("Terms & Conditions"). By using the website you acknowledge that you have read these Terms & Conditions and that you agree to be bound by them.
Your use of the website
1.1 to abide by all applicable laws, regulations and codes of conduct when using the website and to be solely responsible for all things arising from your use of the website;
1.2 not to use the website in any way which might infringe any rights of any third party or give rise to a legal claim against Powerbase by any third party;
1.3 not to damage, interfere with or disrupt access to the website or do anything that may interrupt or impair its functionality;
1.4 not to obtain or attempt to obtain unauthorised access, through whatever means, to the website or other services or computer systems or areas of our, or any of our partners’ networks which are identified as restricted;
1.5 not to collect or store personal data about other users for commercial purposes; and
1.6 to respect the privacy of your fellow internet users.
2.1 All content (including, but not limited to, articles, features, photographs, images, brands, logos and illustrations), as well as all products, software, technology or processes described in, contained in, or accessed via this website ("Content") are protected by copyright, trade marks, service marks and/or other intellectual property rights and laws (collectively "Rights") and all Rights in relation to the Content are and shall remain owned or controlled by Powerbase, or as appropriate, the third party Rights owner. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through this website.
2.2 Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use, deal with or copy in any way in part or in whole any Rights without our written permission or, as appropriate, the permission of the third party Rights owner. Your misuse of the Rights, except as expressly provided in these Terms and Conditions, is strictly prohibited.
2.3 You may download, print or copy the Content and other downloadable items displayed on this website for your personal use only and, when printing or storing material, in limited quantities. You may not reproduce, adapt, distribute or incorporate anything from this website in any other work (in whole or in part), including republishing it for any commercial or other purpose, without the prior written permission from Powerbase or the copyright holder identified in the copyright notice contained in the relevant part of the Content. All copies must maintain copyright and other intellectual property notices contained in the original material.
2.4 Some Content, including trade marks and logos, is the intellectual property of third parties. We have obtained the consent from these third parties for the use of their intellectual property on this website. You will need to obtain the express permission of that third party if you wish to use that third party's intellectual property.
All promotions displayed or referred to on this website are subject to their own specific terms and conditions. Please refer to these promotional terms and conditions for further information.
3.1 The website is provided "as is" without any representations or warranties (either express or implied), including but not limited to any implied warranties or implied terms of reliability, quality, functionality, absence of contaminants (including viruses, worms, trojan horses or similar), availability, satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded to the fullest extent permitted by law. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
3.2 Powerbase makes no warranties or representations as to the accuracy or completeness of information on the website. Powerbase is not responsible for any errors or omissions or for the results obtained from the use of such information. The information does not constitute any form of advice, recommendation or arrangement by Powerbase or its affiliates, any Powerbase member or any other party involved in the website and is not intended to be relied upon by users in making (or refraining from making) any decisions based on such information.
3.3 Powerbase will not be held responsible for the security of the website or for any disruption of the website however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. You will remain responsible and liable for material you upload on to or access from the website and you will indemnify Powerbase in the manner set out in paragraph 4.2 below in relation to your accessing or uploading.
Liability for Losses and Indemnity
4.1 By accessing this website you agree that Powerbase will not be held liable to you or any third party for any direct, indirect, special, consequential or any other loss or damage arising from the use of or inability to use the website or from your access of other material on the internet via web links from this website.
4.2 You agree to indemnify, keep indemnified, defend and hold harmless Powerbase and its subsidiaries, members, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors (collectively the "Indemnified Parties") from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the website or any breach by you of these Terms & Conditions. Powerbase reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate without defence of such claim.
Links to and from Third Party Sites and Third Party Advertisements
5.1 This website may from time to time contain links to other internet sites, resources and sponsors of this website. You agree that Powerbase is not responsible or liable in any way for the content, advertising or products available from such sites or any dealings that you may have, or the consequences of such dealings, with the operators of such sites. You agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party site operator and should direct any concerns regarding any external link to the site administrator or Webmaster of such site. Powerbase makes no representations nor does it take any responsibility in relation to the content of any sites accessed through these links.
5.2 You may not create a link to any part of this website from any other website without our express written consent.
Changes to Terms & Conditions
Powerbase may from time to time change, alter, adapt, add or remove portions of these Terms & Conditions and, if it does so, will post any such changes on this website. Your continued use of the website after such changes constitutes your acceptance of those changes.
Changes to website
Powerbase may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict your access to parts or all of the website at its discretion without notice or liability.
These Terms & Conditions and the Content shall be governed and construed in accordance with the laws of New Zealand and the New Zealand courts shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.
Termination and Suspension
Powerbase (and any persons authorised by it), may at its sole discretion immediately suspend or terminate your right to use the website without any warning if it considers that you have contravened any of these Terms & Conditions. This is without prejudice to any other rights or remedies that Powerbase may have.