(a) The Ballance website at www.ballance.co.nz, together with any associated website or microsite (collectively referred to as the “Website”); and
(b) The Seales Winslow website at www.sealeswinslow.co.nz; and
(c) The Super Air website at www.superair.co.nz; and
If you register for MyBallance secure services you will also be subject to the MyBallance Terms and Conditions.
While Ballance endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Sites and has no reason to believe that any information contained on the Internet Sites is inaccurate, Ballance does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Information about products and services, including prices, are subject to change. All prices stated are GST exclusive. Ballance does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including, without limitation, where such loss or damage is a result of or contributed to by the negligence of Ballance.
6. Posting Policy
The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted ( “Posts”) on any of the Internet Sites.
(a) Ballance reserves the right without notice or explanation to:
(i) not allow the posting of any specific Post; and
(ii) edit any specific Post; or
(iii) remove any Post
(b) Personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
(c) You agree to indemnify Ballance on demand for any loss or costs of whatever nature suffered by Ballance whether direct or consequential as a result of any breach by you of the paragraphs (a) and (b) above.
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of Ballance regardless of whether Ballance may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites. To the best of Ballance’s knowledge, all comments or statements made on the Internet Sites represent the genuine opinion of the authors of such comments or statements.
8. Intellectual Property
Unless otherwise stated, Ballance is the owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to Ballance, its subsidiaries, or the Ballance products on the Internet Sites. This includes, without limitation, all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. Ballance’s ownership in such intellectual property is protected by both New Zealand and international law.
10. Proprietary Notices
In the event that you are granted permission by Ballance to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with Ballance, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
11. Linked Websites and Third Party Information
The Internet Sites may contain links to other websites (“Linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Ballance is not responsible for the content or privacy practices associated with Linked Websites. Links with Linked Websites should not be construed as an endorsement by Ballance, approval or recommendation of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stated to the contrary. The Internet Sites may contain information which is obtained from third parties and which those third parties or Ballance may post on the Internet Sites from time to time. Such information is provided for convenience only and Ballance does not necessarily endorse the products or services referred to in the information.
12. Social Networking Sites
Ballance requires that you obtain the prior written approval of Ballance before providing any link to the Website. Where such approval is given, you further agree that you will not use any Ballance logo, trademark or other proprietary graphic as part of such link without the express prior approval of Ballance.
You must take your own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunication equipment or other property. Ballance does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any Linked Website.
15. Exclusion of Warranty
16. Exclusion of Liability
The Internet Sites are governed by and are to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
21. No Assignment