Terms and Conditions for Use of Website

Application

Agreement to the Terms

These website terms of use ("Terms") and our Privacy Policy govern your access to and use of our website (www.maxpeople.co.nz) ("Website"). You should read these Terms and our Privacy Policy before using this Website.

In these Terms, "Max People", "us", "we" or "our" means, as the context requires, Max People Limited and/or our related bodies corporate (including entities controlling, controlled by or under common control with Max People Limited);

By registering to use, accessing and/or using the Website, you accept these Terms and our Privacy Policy.

Modifications to the Terms

We may amend these Terms from time to time by publishing updated Terms on our Website. By continuing to access the Website after any such amendment is published, you are deemed to be aware of and have agreed to the amendment.

Terms of Trade also apply

These Terms and our Privacy Policy apply in addition to our standard terms and conditions of trade (or such other terms and conditions we agree with you in writing) in relation to the use of our services.

Opening an account on our website

Contractual capacity

If you register with us and open up an account on our Website, you warrant that you have all necessary right, power and authority to do so and that you are at least 18 years of age.

Account Holder  

You warrant that any information you submit to us via our Website (whether through your account or otherwise) is at all times, accurate, up-to-date and complete and that you have all necessary right, power and authority (including any necessary consent required by applicable law) to provide that information to us. You agree not to fraudulently or otherwise misrepresent yourself to us by providing inaccurate or false information, which includes omitting information. We may use any personal information provided by you in accordance with our Privacy Policy.

We may decide in our sole discretion who may become an account holder, and we may suspend or terminate any account without notice or further explanation.

You agree to keep your login details secure and confidential at all times, and not to disclose or share your login details with any other person. You are responsible and liable for any and all activities that occur through the use of your login details.  

Without limiting your responsibility, if you know or suspect that someone knows your login details or if there has been any other security breach, you should notify us immediately. We accept no liability for any unauthorised or improper use or disclosure of any login details. Upon your notification, we may in our sole discretion require you to change your login details and/or suspend or terminate your account with us.

You waive any claim against us in respect of or arising from any acts or omissions by us in reliance upon any use of your login details and/or account, including disclosure of information relating to your account and/or your affairs with us.

Compliance with requirements and use restrictions

You must not use the Website or any content on our Website or any of our community areas for any purpose which is illegal or prohibited by any laws. You agree to use our Website for lawful purposes only and not post or transmit any information or material which in any way infringes or violates the rights of others or which is offensive, illegal, defamatory, threatening, invasive of privacy, obscene, discriminatory or otherwise objectionable.

You must not upload, display or disseminate or otherwise make available material which infringes any intellectual property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party).

You must ensure that you do not send upload or otherwise make available material containing viruses, trojans or any other material designed to impair, destroy or interrupt the performance of our Website.

Changes

We may change any part of the Website, or it's content (including any products), functionality or applicable requirements and restrictions at any time.  Your continued access of the Website after any such change will be subject to these Terms and will constitute conclusive acceptance of that change.

Liability and indemnity

Links

The Website may contain links to third-party websites which are not under our control. We are not responsible for the contents of any linked website or any hyperlink contained in a linked website other than our own websites. Hyperlinks are provided to you for convenience only, and the inclusion of any link does not imply any endorsement of the linked website by our employees or us.

As is, as available

You use the Website at your own risk. Access to the Website is provided on an "as is" and "as available" basis.  We do not guarantee access to or availability of the Website (or any content or functionality), that information in or accessed through the Website is current, accurate or complete, or that your use will be uninterrupted, timely, secure or error, fault or virus free.

No warranties

We do not make any representations or warranties whatsoever in relation the Website (or its contents or functionality), including as to the accuracy or reliability of any information, data, opinions, advice or statements accessible through the Website. All warranties (whether express, implied or statutory) are excluded to the maximum extent permitted by applicable law.

Exclusion of liability

To the maximum extent permitted by law we are not liable or responsible to you or any other person for any loss (howsoever caused) under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

If for any reason, we cannot rely on the exclusion of liability in paragraph (a) above, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, will be limited to NZ$100 and in no event will we be liable to you for any loss of profit, savings, goodwill or business or employment opportunity or for any indirect or consequential loss.

Consumer Guarantees Act does not apply

You acknowledge and agree that if you access or use the Website in a trade or for the purposes of a business, to the maximum extent permitted by law, those provisions of the Consumer Guarantees Act 1993 which may be excluded by contract are so excluded and do not apply.

Indemnity

You indemnify Max People (and our related bodies corporate) (each an "Indemnified Person") from and against any loss, cost, liability, claim or expense (including legal costs on a solicitor and own client basis) suffered or incurred by an Indemnified Person in connection with your access to and use of the Website and its content and functionality or any breach of these Terms.

Miscellaneous

Severability

If any part of these Terms is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination will not impair the enforceability of the remaining parts of these Terms.

Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand.