TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. Terms of website use
1.1 The Measuring Broadband New Zealand website is operated by SamKnows Limited (“we”). These terms of use (together with the documents referred to in it) govern your use of our website www.measuringbroadbandnewzealand.com (“our site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
1.2 Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
1.3 By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
1.4 If you do not agree to these terms of use, you must not use our site.
2. Privacy
2.1 For information on how we collect and use personal information please see our Privacy Policy here.
3. Information about us
3.1 Our site is a website operated by SamKnows Limited. We are registered in England and Wales under company number 06510477 and have our registered office at 2 New Street Square, London, EC4A 3BZ. Our VAT number is GB 936025140.
4. Changes to these terms
4.1 We may revise these terms of use at any time by amending this page.
4.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
5. Changes to our site
5.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
5.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
6. Accessing our site
6.1 Our site is made available free of charge.
6.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice.
6.3 You are responsible for making all arrangements necessary for you to have access to our site.
6.4 Our site is directed to people residing in New Zealand. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside New Zealand, you do so at your own risk.
7. Your use of our site
7.1 In using our site you agree that you shall not:
(a) do anything to encourage, procure or carry out any criminal activity;
(b) use our site for any purpose other than your personal use;
(c) use our site for any purpose that is against any law;
(d) email, transmit or otherwise disseminate any content which is in our sole opinion defamatory, obscene, in breach of copyright or any other third party rights, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or is otherwise unlawful;
(e) advertise or promote third party or your own products or services including by way of the distribution of 'spam' email;
(f) transfer files that contain viruses, trojans or other harmful programs; and/or
(g) access or attempt to access the accounts of other users or penetrate or attempt to penetrate our site's security measures.
7.2 We reserve the right to suspend, restrict or terminate your access to our site at any time without notice at our discretion if we have reasonable grounds to believe you have breached any of the restrictions above.
8. Your account and password
8.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
9. Intellectual property rights
9.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
9.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. No reliance on information
10.1 The content on our site is provided on an "as is" basis and is for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
10.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
11. Limitation of our liability
You may have certain rights and remedies under the Consumer Guarantees Act 1993 that cannot be excluded, restricted or modified by agreement. Nothing in these terms and conditions operate to exclude, restrict or modify the application of any consumer guarantee rights or the imposition of any liability under the Consumer Guarantees Act 1993.
11.1 Other than claims arising under the Consumer Guarantees Act 1993 where applicable, we will not be liable to any user for any type of direct or indirect loss or damage however incurred, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including (without limitation):
(a) any loss of profits, sales business or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation;
even if foreseeable, arising under or in connection with use of, or inability to use our site or use of or reliance on any content displayed on our site.
11.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
11.3 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11.4 Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our terms and conditions of supply for such goods and/or services.
12. Viruses
12.1 We do not guarantee that our site will be secure or free from bugs or viruses.
12.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
12.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. In the event of a breach of this provision, your right to use our site will cease immediately.
13. Linking to our site
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.3 You must not establish a link to our site in any website that is not owned by you.
13.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
13.5 We reserve the right to withdraw linking permission without notice.
13.6 The website in which you are linking must comply in all respects with the content standards set out in Clause 7 above.
13.7 If you wish to make any use of content on our site other than that set out above, please contact [email protected].
14. Third party links and resources in our site
14.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
14.2 We have no control over the contents of those sites or resources. We make no representations or warranties as to, and we are not responsible for, the accuracy or any other aspect of the information on any linked third party website.
15. Applicable law
15.1 These terms of use are governed by the law of New Zealand. We both agree to the exclusive jurisdiction of the courts of New Zealand.
16. Trademarks
16.1 SamKnows is a UK registered trademark of SamKnows Limited.
17. Contact us
17.1 To contact us, please email [email protected].