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Terms
and Conditions of Use
This site
is owned, managed and operated by David MacGregor - WellSpring
Consulting (WellSpring), Auckland, New Zealand.
Important
These terms and conditions (T&C) apply to all users of this Site and its associated
services. By using the Site you will be deemed to agree to these T&C without
qualification. If you do not agree to be bound
by these T&C, please do not use the Site or continue to use the Site.
Username and Password
Users of the personalised sections of the site will be allocated a username and
password which must be used whenever requested. The username and password are
personal to you and you agree at all times to maintain the confidentiality of
your username and password and not to disclose them to any third party. You agree
that you are solely responsible for any use of the Site by any person using your
username and password. You agree to indemnify WellSpring against any and all
claims arising out of your failure to maintain the confidentiality of your username
or password.
Access
You understand that WellSpring may for security and technical reasons at any
time in its sole discretion and without prior notice to you, prohibit or restrict
your access to the Site. WellSpring will notify you as soon as possible of any
restriction to your access rights.
No Advice
You agree that WellSpring provides no advice or endorsement of any kind and nor
do we give any advice or offer any opinion with regard to the value or suitability
of any particular transaction or course of action.
The availability of information through the Site does not constitute a recommendation
by WellSpring to enter into any transaction or follow any course of action. Any
decision that you make must be based solely on your own evaluation of your circumstances
and objectives.
WellSpring recommends that you independently verify the accuracy, currency or
reliability of any information made available via the Service and upon which
you intend to rely.
Information and warranties
WellSpring and it's information contributors and associated service providers
do not give any warranty whatsoever, including without limitation, as to the
availability, accuracy, completeness, currency or reliability of the information
or services made available via the Site and expressly disclaim (to the maximum
extent permitted in law) all liability for any damage or loss resulting from
your use of, or reliance on the Site or the information provided via the Site.
The site services and information are provided on an "as is" basis. WellSpring
makes no warranty that the Site will be free from viruses or any kind of malicious
code whatsoever.
Linked sites
No link appearing in the Content and no linked site is endorsed by WellSpring
and no responsibility is taken for material on any linked site. You agree that
by accessing any linked site you are doing so at your own risk and you agree
to fully indemnify WellSpring against any liability arising out of your accessing
any linked site.
Intellectual Property
You acknowledge that WellSpring is the proprietor or the authorised user of the
copyright, trade marks and all other intellectual property rights (IP Rights)
in the software, text, graphics and other material (Content) displayed or available
through the Site. Unauthorised use of the Content is strictly prohibited and
may infringe the IP Rights in the Content. Subject to these T&C, WellSpring grants
to you a non-exclusive and non-transferable single user licence to use the Content
for your own private and non-commercial purposes.
No content may be reproduced, published or transmitted in any manner without
the prior written consent of WellSpring. In particular and without limitation,
you may not without prior written permission from WellSpring : archive the Content
or any part of it; form a database whether electronically or otherwise by systematically
downloading or storing all or any of the Content; redistribute or republish the
Content ; or link to the Site including (without limitation) linking in any way
which frames the Site; replicates the Site or misleads any person regarding any
association with the Site; or your association with WellSpring or otherwise whether
implicitly or expressly.
Technical Difficulties
You acknowledge that your use of the Site and associated services may be subject
to interruption or delay. Due to the nature of the Internet and mobile phone
communications, WellSpring and it's service providers do not make any warranty
that the Site or services will be error free, without interruption or delay or
free from defects in design or engineering.
Liability
To the maximum extent permitted in law you specifically agree to indemnify and
hold WellSpring harmless from any and all claims relating to your use of the
Site or its use by any person on your behalf. For the purposes of this paragraph
Site means and includes any linked site.
Privacy
You acknowledge that you have read and understood and agree to the terms of the
Privacy Statement.
Severability
The illegality, invalidity or unenforceability of any part
of the T&C will not
affect the legality, validity or enforceability of the remainder. Variations
WellSpring may vary these T&C from time to time. By continuing to use the Site
after a Variation has been posted on the Site or after you have been notified
of a Variation you will be deemed to agree to the varied T&C.
Termination
WellSpring may immediately terminate this agreement without
liability if it reasonably believes you are in breach of
these T&C or wishes to withdraw the Site or any
part of it.
Law
These T&C and your use of the Site will be governed by and
construed in accordance with the laws of New Zealand and
you submit to the exclusive jurisdiction of the New Zealand
Courts.
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