Copyright (c) 2016-present Abletech
The intellectual property rights in this plugin are owned by Abletech Limited of Wellington New Zealand (referred to below as “we”, “us” or “our”) or its third party licensors. The plugin may be accessed and used by AddressFinder customers only, subject to the following terms. If you are not, or are no longer, an AddressFinder customer you are not permitted to access or use the plugin in any way.
If you are an AddressFinder customer (referred to below as “you” or “your”), the following terms apply in relation to your access and use of the plugin (and your access or use of the plugin confirms your acceptance of the following terms). If you do not accept the following terms you are not permitted to access or use the plugin in any way.
- In these terms, “Terms and Conditions” means the applicable Terms and Conditions that you entered into, being either https://addressfinder.nz/legal/terms/ or https://addressfinder.com.au/legal/terms/, and “Services” and “Subscription Term” have the meaning given in the Terms and Conditions.
- All rights, title and interest (including, without limitation, all intellectual property rights) in and to the plugin are owned by us or our third party licensors. Provided that you comply with these terms, and the Terms and Conditions, we grant you the right during your Subscription Term to: (a) access and use the plugin solely in connection with the Services and then only in combination with websites that you own or control; and (b) view the source code and configurations of the plugin solely for the purpose of evaluating the plugin in relation to its use in connection with the Services, and for no other purpose. This right is non-exclusive, non-transferable and may be revoked by us at any time. You are not granted any other rights or licences in relation to the plugin.
- You must never copy, modify, publish, merge, distribute, resell, lease, transfer or sub-license, or create derivative works from, all or any part of the plugin. You must never access or use the plugin for any purpose related to building a product or service which competes with the Services or the plugin or has similar features or functionality. You must comply with all instructions or restrictions that we provide to you in relation to the plugin (including, without limitation, that we may post on this page from time to time).
- The plugin is provided to you on an "as is" and "as available" basis and your use of it is at your sole risk. To the maximum extent permitted by law, we do not represent or warrant that the plugin will be secure, reliable, uninterrupted, always available, free of errors, omissions, inaccuracies, viruses or other destructive code, or that it will be fit for your purposes or for use in any specific technical environment or that any problems can or will be corrected. To the maximum extent permitted by law, we give no warranties in relation to the plugin. To avoid doubt, to the maximum extent permitted by law, we disclaim and exclude all implied representations, warranties and conditions (including any warranties of fitness for purpose, merchantability, title and non-infringement). Certain legislation may imply warranties or conditions, impose obligations or give statutory guarantees (together, Statutory Provisions) which cannot be excluded, restricted or modified except to a limited extent. These terms must be read subject to applicable Statutory Provisions. If the Statutory Provisions apply, notwithstanding any other provision of these terms, to the extent to which we are entitled to do so, we limit our liability in respect of any claim to: (a) in the case of goods, at our option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of having the goods repaired; and (b) in the case of services, at our option: the supply of the services again; or the payment of the cost of having the services supplied again. If you entered into our New Zealand Terms and Conditions, you represent to us that you are acquiring the right to use the plugin for the purposes of a business and so you agree that the provisions of the Consumer Guarantees Act 1993 do not apply to the plugin.
- To the maximum extent permitted by law, we and Our Related Parties will not be liable to you or any third party for any loss or damage to data, breach of security, loss of profit, revenue, opportunity or saving, or any incidental, indirect, special or consequential loss or damage. To the maximum extent permitted by law, the total aggregate liability of us and Our Related Parties (together) to you under or in connection with these terms or its subject matter is limited to NZ$10. These limitations and exclusions of liability apply however liability arises, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise. You fully indemnify us from and against any claim, proceeding, damage, loss, liability, cost or expense (including legal costs on a solicitor and own client basis) arising from or connected to your use of plugin or breach of these terms. In these terms “Our Related Parties” means Abletech Pty Limited, ACN 606 672 333, any related company of us or Abletech Pty Limited (where “related company” has the meaning given in section 2(3) of the Companies Act 1993, and includes any company or similar entity which would be a related company within that definition if incorporated as a company in New Zealand) and our suppliers, contractors, directors, employees and agents.
- We may change these terms at any time by emailing you, by updating the Terms and Conditions and/or by displaying or referring to the replacement terms on this page. Your continued use of the plugin after you receive notice of any such changes will amount to your acceptance of those changes. If you don’t accept those changes you must immediately stop using the plugin.
- Any waiver of any part of these terms must be in writing and signed by one of our authorised representatives. Any delay or failure by us to exercise any right does not prevent us from exercising that right, or any other right, on that or any other occasion.
- Any unlawful or unenforceable provision of these terms will be deemed to be amended to the minimum extent necessary to ensure that it is not unlawful or unenforceable and, as far as is possible, to ensure that it is consistent with the intent and effect of the provision. The remaining provisions will be enforceable as if such unlawful or unenforceable provision had not been included in these terms. If the provision is unable to be amended without materially altering the intent and effect of the provision, it will be severed, and the remaining provisions will be enforceable.
- The terms are governed by the laws of New Zealand and you and we submit to the non-exclusive jurisdiction of the New Zealand courts.