Website Terms and conditions
Effective as of: 30 July 2015
Date last updated: 30 July 2015
1. Acceptance of Terms and Conditions
1.2. You represent, acknowledge and agree that you are at least 18 years of age or that you have your parent or legal guardian’s permission to agree to these Terms and Conditions.
1.3. Mimark reserves the right to review and amend these Terms and Conditions at any time. Amendments will be effective immediately and Mimark has no obligation to notify you of such amendments. Your continued use of the website following any amendments shall be deemed to be your acceptance of those amendments. You should check the Terms and Conditions for amendments each time you visit the website.
1.4. The services offered by Mimark include the website and any other content, features or applications offered from time to time by Mimark in connection with the website and its products including but not limited to the Mimark Recognizer® and the provision of information in conjunction with the use of the Mimark Recognizer (“the services”).
1.5. Mimark reserves the right at any time and from time to time to modify or discontinue the services in whole or in part and either temporarily or permanently, without notice.
2.1. To access the services you must become a member by completing an online registration on the website and paying the annual membership subscription.
2.2. You are solely responsible for all information contained in your profile including your passwords and other information you provide to Mimark (“your personal information”), and for keeping your passwords and other registration information confidential.
2.3. You agree to notify Mimark as soon as you become aware of any unauthorised use of your personal information.
2.4. You agree that you will provide true, accurate, current and complete information about yourself as required on the website and to maintain and promptly update your profile information to keep it true, accurate, current and complete. Mimark accepts no responsibility for any losses incurred as a result of any untrue, inaccurate, out of date or incomplete information being provided by you. If you provide any information that is untrue, inaccurate, not current or incomplete, Mimark has the right to suspend or terminate your account and all current or future use of the services by you.
3. Intellectual Property Rights
3.1. The website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website and the services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
3.2. The Mimark Recognizer is protected by copyright, trademark patents and other intellectual property rights and laws. In using the Mimark Recognizer, you agree that you will do so solely for personal, non-commercial use.
4. Limitation of Liability
4.1. Mimark will not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, or any loss of profit, income or any intangible losses, or any claims, costs, expenses, or damage, whether in contract, tort (including negligence), equity or otherwise, incurred by you or any third party through the use of the services or your reliance on information on this website or for any modification, suspension, interruption or discontinuance of the services for any reason whatsoever, including but not limited to circumstances outside the control of Mimark, including without limitation power outages, acts of god, fire, earthquake, strikes, lockouts, acts of war, epidemics, compliance with a law or governmental order or monetary or economic developments which prevent Mimark from continuing to provide the services.
4.2. Mimark endeavours to ensure that the information on the website is current, accurate and complete but it does not guarantee this. Site users are solely responsible for their actions on the basis of content in, or content accessed through, the website. If you wish to rely upon or verify any content of the website, please contact Mimark.
4.3. In using the website you accept any associated risk.
5. User indemnification of Mimark
5.1. You agree to indemnify and hold Mimark and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Mimark by any third party arising out of your use of the Services and/or any content submitted, posted or transmitted through the services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Mimark in consequence of your breach of these
Terms and Conditions.
5.2. If you create a link to any page on this website, you remain fully responsible for any consequences of that link, whether direct or indirect, and you will indemnify Mimark against all loss, damage, liability, costs or expense arising from or in connection with the link.
6. Content and Warranty Disclaimer
6.1. Use of the website and the services is at your own risk. The website and the services are provided on an “as is” and “as available” basis without any kind of warranty, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2. Mimark does not warrant that the use of its website and the services will be uninterrupted, available at any time or from a particular location, secure or error-free, that defects will be corrected or that the website is free of viruses or other potentially harmful components.
7. Third Parties
7.1. This site may contain links to third party sites or applications. Access to any other Internet Site or application is at your own risk and Mimark accepts no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. Mimark provides these links merely as a convenience and this does not imply an endorsement by Mimark.
8.1. Mimark may terminate access to the website and the services at any time without notice, for any reason in its absolute discretion, including without limitation, breach of these Terms and Conditions. Any disclaimer will nevertheless survive such termination.
8.2. You acknowledge that in the event of termination in terms of Clause 8.1 Mimark will be under no obligation to make a refund of your annual subscription.
9. Governing Law
9.1. This website and its use are governed by the laws of New Zealand. Any matters or disputes connected with this website shall be governed by the laws of New Zealand and the New Zealand courts shall have exclusive jurisdiction to hear and determine all claims in connection with this website and its use.
10. Dispute Resolution
10.1 If a dispute arises between you and Mimark, you should first attempt to resolve it by contacting Mimark directly. Mimark will attempt in good faith to resolve all claims within 30 days of receipt.
12.1. If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.