CONDITIONS OF USE
END USER LICENCE AGREEMENT
ATTENTION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING
THE INSUREZE™ SYSTEM (THE “SITE”). THE INDIVIDUAL OR
ENTITY USING THIS SYSTEM (THE "END-USER") AGREES TO
BE BOUND BY THE TERMS OF THIS LICENCE.
This Site, together with any applications, databases,
information and any accompanying documentation are provided to
the End-User by Spiderweb Systems Limited, a New Zealand
Limited Liability Company ("Licensor") for use only
under the following terms. Licensor reserves any right not
expressly granted to the End-User. The End-User assumes sole
responsibility for the use and results obtained from use of
End-User is granted a non-exclusive, non-transferable licence
to use the Site for normal business purposes using their
designated login and password supplied by Licensor.
The End-User is responsible for maintaining the
confidentiality of their login and password and agrees not to
disclose their login and/or password to any other person. The
End-User is responsible for all transactions that occur under
their login and password.
3. Internet Connections.
The End-User is responsible for all charges associated with
their Internet connection including but not limited to
Internet Service Provider charges, line rental charges,
telephone and computer maintenance costs, and any other
charges payable in order to access the Site.
This licence is effective until terminated. This licence will
terminate immediately without notice from Licensor if the
End-User fails to comply with any of its provisions. Licensor
may at any time deny access to the Site or terminate logins
and passwords, with or without cause, and without liability.
5. Intellectual Property Rights.
The Site and Insureze™ system are trademarks of the
Licensor. All other products referred to in the Site are
trademarks of their respective owners. The Licensor retains
all rights, including copyright, in the content of the Site
(the “Information”). All intellectual property rights,
including but not limited to trade marks, copyright,
confidential information and patents, together with the
underlying software source code on the Site, and in the
content published on the Site, unless otherwise indicated, are
owned by the Licensor. The End-User has no right in any
intellectual property rights in relation to the Site and the
content published on the Site.
6. Limited Warranty.
Licensor warrants that, for seven (7) days from the date of
initial use by the original End User, the Site shall operate
substantially in accordance with the published functional
specifications current at the time of use. If, during the
warranty period, a defect appears, End User shall notify the
Licensor and Licensor's only obligation shall be to fix the
defective part of the Site. The End-User agrees that the
foregoing constitutes the End-User's sole and exclusive remedy
for breach by Licensor under any warranties made under this
Agreement. Licensor is not responsible for problems associated
with or caused by incompatible operating systems or equipment,
or for problems in the interaction of the Site with software
not authorised by Licensor.
No oral or written information or advice given by Licensor or
its dealers, distributors, employees or agents shall in any
way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL
RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE
SITE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SITE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL
DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL
EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENCE
TO USE THE SITE.
From time to time Licensor may, in its sole discretion, advise
the End-User of updates, upgrades, enhancements or
improvements to the Site and/or new releases of the Site
(collectively, "Enhancements"), and may licence the
End-User to use such Enhancements upon payment of prices as
may be established by Licensor from time to time. All such
Enhancements to the Software provided to the End-User shall
also be governed by the terms of this licence.
8. Privacy Statement.
Privacy Act 1993.
End-User can access Licensor’s website home page and browse
Licensor’s site without having to disclose personal data.
Licensor does not collect or use personal data for any purpose
- administration of Licensor’s site
- providing End-User with update information to our website
- End-User contact information for sending orders received
- End-User administration, profiling and preferences
- further development of Licensor’s website to meet
Licensor does not disclose personal data to other
This licence will be governed by and construed in accordance
with the laws of New Zealand, and shall inure to the benefit
of Licensor and End-User and their successors, assigns and
legal representatives. If any provision of this licence is
held by a court of competent jurisdiction to be invalid or
unenforceable to any extent under applicable law, that
provision will be enforced to the maximum extent permissible,
and the remaining provisions of this licence will remain in
full force and effect. Any notices or other communications to
be sent to Licensor must be mailed, postage prepaid, to the
Spiderweb Systems Limited, PO Box 51-784, Pakuranga, Auckland,
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and all
prior proposals, agreements, representations, statements and
undertakings are hereby expressly cancelled and superseded.
This Agreement may not be changed or amended except by a
written instrument executed by a duly authorised officer of
BY USING THIS SITE, THE END-USER ACKNOWLEDGES THAT IT HAS READ
THIS LICENCE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS
TERMS AND CONDITIONS. Should you have any questions concerning
this licence, contact Licensor at the address set forth above.
COPYRIGHT 2005-2006 ALL RIGHTS RESERVED SPIDERWEB SYSTEMS LIMITED
Terms & Conditions