Terms of Use

This website, “http://www.neillcropper.com/” (the “Website”) is owned and operated by Neill Cropper & Company Limited (163335) (“Neil Cropper”)
1. Your Acceptance

1.1 By using and/or visiting the Website (collectively, including all content and functionality available through the Website), you signify your agreement to:

(a) these terms of use (the “Terms of Use”); and

(b) Neill Cropper’s privacy policy (the “Privacy Policy”), found at http://www.neillcropper.com/info/menu/privacy_policy/
The Privacy Policy provides details of how Neill Cropper will store, handle and use any personal information that you provide to Neill Cropper.
If you do not agree to any of these Terms of Use, or you are not satisfied with the Privacy Policy, do not use the Website.
Importantly, by using and/or visiting the Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
1.2 Neill Cropper may, in its sole discretion, modify or revise these Terms of Use, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. Neill Cropper recommends that you periodically revisit the Terms of Use and Privacy Policy to ensure that you are kept up-to-date with any changes made. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits unless otherwise specified.

  1. Intellectual Property and your use of the Website

2.1 Neill Cropper hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

(a) You agree not to distribute in any medium any part of the Website without Neill Cropper’s authorization.

(b) You agree not to access any other content provided on the Website through any technology or means other than those provided on the publicly accessible pages of the Website itself.

(c) You agree not to use the Website for any commercial use, without the prior written authorization of Neill Cropper. Prohibited commercial uses include any of the following actions taken without Neill Cropper’s express approval:

  1. sale of access to the Website on another website;
    ii. use of the Website for the primary purpose of gaining advertising or subscription revenue;

iii. sale of advertising on the Website or any third-party website; or

  1. any use of the Website or its related services that Neill Cropper finds, in its sole discretion, to use Neill Cropper’s resources with the effect of competing with or displacing the market for Neill Cropper’s products.

(d) You agree not to use or launch any automated system (including but not limited to “robots”, “spiders”, or “offline readers”), that accesses the Website in a manner that sends more request messages to the Neill Cropper servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Website, for any commercial solicitation purposes.

2.2 Further to the above, you agree that you will use the Website in accordance with these Terms of Use and that you will not use the Website for any unlawful purpose.

2.3 All content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and the like (“Website Content”) and the trademarks, service marks and logos contained therein (“Website Marks”), are owned by or licensed to Neill Cropper, and are subject to copyright and other intellectual property rights under the law. Website Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Neill Cropper. Neill Cropper reserves all rights (expressly and not expressly granted) in and to the Website and the Website Content and Website Marks.

2.4 You may access Website Content solely:

(a) for your information and personal use;

(b) as intended through the normal functionality of the Website; and

(c) as permitted under these Terms of Use.

2.5 You agree to not engage in the use, copying, or distribution of any of the Website Content other than expressly permitted herein, including any use, copying, or distribution of Website Content for any commercial purposes.

2.6 You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Website Content or enforce limitations on use of the Website or the Website Content therein.

  1. Liability
    3.1 To the fullest extent permitted by law, Neill Cropper, its directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the Website, including, but not at all limited to such loss, damage or injury arising out of the following:
    (a) using the Website;

(b) any errors or omissions from any information on the Website including typographical or photographical errors;

(c) any technical malfunction, error, virus, delay or interference on the Website; or

(d) a failure or omission on the part of Neill Cropper to comply with its obligations under these Terms of Use.
3.2 To the fullest extent permitted by law, Neill Cropper and its agents:
(a) do not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained herein or the accuracy, reliability or completeness thereof; and

(b) expressly disclaim all representations and warranties, express or implied, with respect to the products advertised or otherwise featured on the Website.
3.3 To the extent permitted by law, Neill Cropper assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction, or unauthorized access to the Website, or for alteration of any information provided by a Website user.
3.4 You hereby waive and release any and all claims that you may have against Neill Cropper, its directors, employees, agents and representatives in connection with, or arising out of, or incidental to, your access to Website.
4. Indemnity
4.1 You indemnify Neill Cropper, its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using the Website.
5. Links
5.1 Neill Cropper is not responsible for the content of any site linked to or from the Website. Any links provided are for your convenience only and are not an endorsement of the companies or products referred to on sites to which this Website links and Neill Cropper has no responsibility for the condition, content or operation of any such sites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such sites. If you click on a link to another site, you do so entirely at your own risk.
6. Termination of Site
6.1 Neill Cropper reserves the right to modify or suspend services on the Website, to terminate any or all parts of the Website (where possible), or to terminate your ability to purchase products from the Website at any time without notice. In this event, the liability and indemnity provisions provided in these Terms of Use will survive such termination, and all rights of Neill Cropper granted herein are otherwise reserved.
7. Governing Law

7.1 These Terms of Use shall be governed by and construed in accordance with of the laws of New Zealand. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New Zealand. If any provision of this legal statement shall be unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

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