1. Introduction

www.wialus.co.nz (this 'website') is owned and operated by Wialus Solutions Limited ('Wialus', 'we', 'us', 'our'). These terms of use are a contract between you, the website user, ('you', 'your') and us. You must not access or use this website unless you accept all of these terms of use. By accessing and using this website you agree that you have read, understood and accepted these terms of use, and agree to be bound by them.

2. Your privacy

Where we collect personal information about you as a result of your accessing and using this website, our Privacy Policy applies to that information. Therefore, these terms of use must be read together with our Privacy Policy.

3. Changes

3.1. We reserve the right to suspend, add to, modify, or remove this website or any information, feature, service, or other part of this website at any time and without notice to you.

3.2. We reserve the right to charge for access to certain information on the website. We will inform you where you will incur a charge for accessing certain services or information on the website and such chargeable access may be subject to additional terms and conditions.

3.3. We reserve the right to change these terms of use from time to time by publishing the changed terms on this website and such terms shall become effective immediately upon such terms being published.

3.4. You should review these terms of use periodically to be aware of such changes. Your continuing access or use of this website following such publication shall be deemed your acceptance of the revised terms of use.

4. Your account

In order to access certain information and services offered on this website, you must create an account. To create your account, you must complete your account details in the manner described on this website (including selecting a username and password which we will use to verify your identity when you use this website). You must ensure that your account details are complete and accurate when submitted to us, certify that the information that you have given is true and correct, and you must keep your account details up-to-date. We may at our discretion (at any time and without notice to you) suspend or terminate your account, or restrict your ability to use any services available through this website.

5. Your username and password

5.1. Your login credentials (being your username, password, user identification code, or any other piece of information as part of any registration or security procedures) are confidential information and personal to you. You must always maintain the confidentiality of your username and password and not disclose them to any third party.

5.2. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your username or password.

5.3. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

5.4. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

6. Your use of this website

6.1. You agree not to use this website for any purpose that is unlawful or to engage in any conduct that is likely to cause annoyance, inconvenience, impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through use of any other software or program. Furthermore you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without our prior written approval.

6.2. You also agree not to use this website to transmit or post any material which is fraudulent, unsolicited, unauthorised advertising or promotional material or any material which is objectionable, defamatory or offensive. We have the right to remove any such material posted or transmitted on or via this website and may (at our absolute discretion) terminate right to use this website.

7. User content

7.1. By submitting any material to us through this website, email or otherwise, you acknowledge that Wialus may copy, modify, distribute or create translations and derivative works from that material in any form. By creating, modifying, transmitting, uploading, or submitting any material, you:

a) grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to publicly display and make such material available (by all means and in any media now known or hereafter developed) to other users of this website and to other users of our services in such manner as we may consider appropriate; and

b) acknowledge and agree that no royalties or other remuneration will be paid or payable to you for such material, or for the granting of the rights described above.

7.2. We have no obligation to you to make this website or any material submitted by you available to you. We may at any time edit, refuse to display, or remove any part of this website (including your user content) as we deem appropriate.

7.3. You warrant that any material you submit to this website is lawful and fit for publication. You acknowledge that we may publish or make use of the material that you submit, or any concept contained within such material without liability and you agree not to take action against us in relation to the submitted material. You agree to indemnify us if any third party takes action against us in relation to any material that you submit. You agree that we shall have the right to disclose your identity to any third party who claims that your material infringes their intellectual property rights or other rights.

8. Intellectual Property

8.1. The content available on this website is protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. Wialus and any other Wialus product or service names referred to on the website are trade marks of Wialus Solutions Limited, a New Zealand registered company. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in the content available on this website (including text, illustrations, photographs, video, music, sounds, layout, designs, source code) belong to us or to our licensors (together, 'our intellectual property').

8.2. Except with our prior written permission, you may not in any form or by any means:

a) use, copy, modify, adapt, reproduce, mirror, store, distribute, print, display, perform, publish, or create in any way any works contained in any part of this website; or

b) commercialise any information, products or services obtained from any party of this website (except in accordance with clause 8.3 below).

8.3. You agree that the material, content and services contained within or provided by this website are for your personal use only and may not be resold or distributed commercially (except where we have entered into a separate licence agreement permitting commercial use of this website by you or your employer, as the case may be).

9. Feedback and unsolicited submissions

If you give us feedback about this website or our products or services, we may use that feedback for the purpose of improving our website and services and for any other purpose we deem necessary or desirable, without being obliged to pay you in respect of our use of that feedback. If you do send us unsolicited ideas or suggestions:

a) they will be deemed to be non-confidential; and

b) we will not be required to provide any acknowledgement of their source.

10. Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement made through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

11. Disclaimers

11.1. While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on, or services available through, this website. Your agreement that we will not be liable for any action you take relying on the information on certain technologies utilised by this website is a condition of your access to this website.

11.2. The information provided by us does not constitute expert advice and may not be relevant to your situation. You should therefore not rely upon such information without confirming that it is suitable for your purposes. We disclaim all liability and responsibility arising from any reliance placed on any information, materials or services provided through this website.

11.3. To the maximum extent permitted by law, we provide this website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

11.4. If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services.

12. Availability

12.1. Wialus will use reasonable endeavours to maintain the website in a fully operating condition. However, we give no warranty as to the continuing availability of any particular services or products on this website.

12.2. Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers give no warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should this website or the services supplied through this website become unavailable, interrupted or delayed for any reason.

12.3. If your personal computer does not support certain technologies utilised by this website, including but not limited to, encryption software, you may be unable to use certain services or to access certain information.

13. Third party websites

This website may provide links and pointers to internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the content (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. We provide such links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We do not endorse or recommend any of products or services advertised by third parties on this website. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

14. Malicious code

Although we endeavour to prevent the introduction of viruses or other malicious code (together, 'malicious code') to this website, we do warrant that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code. You are responsible for checking all emails, attachments and files before downloading them.

15. Security

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to or alteration of your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information that we exchange with you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the internet. We do not accept responsibility for any interference or damage to your own computer system or data which may arise in connection with your accessing of this website or any outbound hyperlink.

16. General

16.1. These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use. We retain the right to bring proceedings against you for any breach of these terms in your country of residence or any other convenient jurisdiction.

16.2. If any part of these terms is found to be illegal or unenforceable, this will not affect the validity or enforceability of the remainder of these terms.

16.3. These terms of use were last updated on 23 Mar 2010.