These website terms and conditions (Terms) govern your access to, and use of, the website located at www.doylesails.com and any related websites operated by us (Website). The Website is provided and operated by Doyle Sails International Limited (NZBN 9429041342008) (we, us, our). By accessing or using the Website, each user (you, your) agrees to be bound by, and to comply with, these Terms.
Content and Intellectual Property
We and our licensors own all proprietary and intellectual property rights in the Website (including all information, data, text, images, graphics, sound recordings, artwork, photographs, logos, icons, videos, and other materials and content relating to our business and our products and services) (Our Content). Except as specified in these Terms, you have no rights in or to Our Content.
You may only use our Website and Our Content: to learn about us and the goods and services we offer; to order or pay for the goods and services we offer if we enable you to do this via our Website; as may be expressly directed in our Website; and for your personal, non-commercial home use only.
You must not add any content to the Website:
unless you hold all necessary rights, licences and consents to do so;
that would cause you or us to breach any law or legal obligation;
that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
that would bring us, or the Website, into disrepute;
that infringes the intellectual property or other rights of any person; or
that creates any obligation for us.
By posting or adding anything onto the Website (Your Content) you grant us a perpetual, non-exclusive,
royalty-free, irrevocable, sub-licensable, transferable, worldwide, right and license to use that content in any way (including by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
We reserve the right to amend or cease the operation of the whole or any part of the Website or remove any of Your Content from the Website at any time, and for any reason, without notice.
You must provide true, current and complete information in your dealings with us and must promptly update that information as required so that the information remains true, current and complete. If you are given a unique name and/or password to access parts of the Website (User ID), you must keep your User ID secure and not permit any other person to use your User ID; and immediately notify us if you become aware of any disclosure or unauthorised use of your User ID.
You must not act in a way, or use or introduce anything that in any way compromises, or may compromise, the Website or anything that underlies or is connected to the Website (Underlying System), or otherwise attempt to damage or interfere with the Website or any Underlying System. If you would like to link your website to our Website, you must first obtain our written consent.
You must access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting or any similar data gathering, extraction or monitoring method.
Disclaimers and Liability
To the maximum extent permitted by law:
your access to and use of the Website is at your sole risk;
the Website is provided by us on an “as is” and “as available” basis;
we are not responsible for any content or information on any website that is linked to our Website. We include such links for your convenience, and you should not consider a link to be an endorsement by us of any business, product, service or information on that website;
nothing contained on the Website shall be construed as providing consultation or advice to you;
we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms; and
in no event will we and our employees, directors and other personnel (together, Doyle) and our licensors have any liability or responsibility to you or any other person (whether in contract, tort including negligence, or otherwise) for any liability, claims, losses, damages, costs and expenses (together, Loss) in relation to:
your use of the Website;
the Website being unavailable or performing slowly or being insecure;
any error in, or omission from, Our Content and any information made available on or through the Website;
any exposure to viruses or other forms of interference that may damage your computer system or expose you to fraud when you access or use the Website; and
any site linked from the Website,
whether or not such Loss is direct, indirect, consequential or of a special nature, including without limitation, any liability for loss of revenue, loss of profit, loss of anticipated savings, loss of goodwill, loss of opportunity, or loss of production or loss or corruption of data.
Except to the extent permitted by law, nothing in these Terms has the effect of excluding our liability under the New Zealand Consumer Guarantees Act 1993 or any other New Zealand consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability to you is limited to NZD10 in aggregate.
You indemnify Doyle against all Loss of any nature whatsoever that Doyle suffers or incurs as a direct or indirect result of your breach of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
We may amend these Terms from time to time without notifying you. The current and binding Terms will be the Terms displayed on the Website at the time you access or use the Website. If you do not accept any amendment to these Terms, you should terminate your access and use of the Website. Your use of the Website after we amend the Terms constitutes your acceptance of the amended Terms.
We may assign, transfer and subcontract our rights and/or obligations under these Terms without any notification to or consent from you. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on the Website, constitute the entire agreement between us and you in relation to your use of the Website and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms, and any disputes relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms or the Website.