WEBSITE TERMS & CONDITIONS
Effective as of 3/5/2018.
1.You have come to this page from one of our (The Physical and Beyond Limited) Websites. In these Terms and Conditions, the terms ‘us’, ‘we’ and ‘our’ mean The Physical and Beyond Limited, and our related entities.
2.By using our Websites you are deemed to agree to be bound by these Terms and Conditions.
3.These Terms and Conditions may be changed or updated from time to time. Your continued use of our Websites represents your agreement to be bound by these Terms and Conditions as amended from time to time. For that reason, you should continue to review these Terms and Conditions whenever you use our Websites. If you do not accept any change to these Terms and Conditions then you must cease using our Websites.
4.All capitalised terms used in these Terms and Conditions are defined at the end of these Terms and Conditions.
5.Please direct any questions or comments about these Terms and Conditions to firstname.lastname@example.org.
6.To the extent permitted by law, and except as otherwise provided for in these Terms and Conditions, we make no representations, conditions or warranties of any kind with respect to our Websites or Material displayed on our Websites (Website Content). The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you access the Websites for business purposes.
7.Views which are expressed in Website Content are not our views or opinions, nor the views or opinions of any of our staff or related entities. To the extent permitted by law and without limitation, we exclude all warranties as to the availability, completeness, accuracy, currency or reliability of the Websites or Website Content.
8.We note that we take preventative measures to the best of our ability. However, we do not warrant that operation of our Websites:
a.will be continuous, timely, error-free, satisfy all of your requirements, or work on your chosen computer or electronic device; or
b.will be free from infection, viruses or destructive code and shall not be liable to you on any basis for any damage or loss suffered by you as a result of material on the Websites infecting or damaging your computer equipment, software and any other electronic device.
9.The Websites may contain links to other websites or resources over which we do not have control (External Websites). We are not responsible for the content of such External Websites and such links do not constitute an endorsement by us of the content contained in those External Websites. Your use of External Websites is at your own risk and is subject to the terms and conditions of use and privacy policies located on those External Websites.
Use of the Website and Website Content
10.Our Websites and Website Content are protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise. You acknowledge all Intellectual Property Rights in and relating to the Websites and Website Content are owned, licensed to or controlled by us.
11.You may browse our Websites and Website Content for your own personal, information, research, study and educational purposes only, and we grant you a limited, non-exclusive licence for these purposes. If you would like to use our Websites or Website Content for any other purpose, please direct your request to email@example.com.
12.The licence granted in the above clause 11 does not include a right to:
a.use, reproduce, duplicate, reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend any such Intellectual Property Rights or any of the underlying materials in any way, whether directly or indirectly;
b.assert ownership or rights in respect of any Intellectual Property Rights in the Websites or Website Content; and/or
c.exploit, sell or generate profit from any such Intellectual Property Rights.
13.You will not:
a.use the Websites or Website Content directly or indirectly for any activity which breaches any laws, infringes a third party’s rights, or breaches these Terms and Conditions;
b.attempt to gain unauthorised access to, tamper with, or hinder the operation of, the Websites; and/or
c.knowingly transmit any virus or other disabling feature to the Websites.
Limitations of Liability
14.We will not be liable for a lack of performance, unavailability or failure of the Websites due to a cause beyond our control.
15.We accept no liability in respect of any Website Content, nor are we responsible for the content and accuracy of Website Content. Any decision you make about any Website Content must be based solely on your own evaluation of that Website Content and your own circumstances and objectives. If you rely on Website Content, you do so at your own risk, and you indemnify us (and our staff and related entities) from any liabilities, claims, costs, loss (including consequential loss) or damage suffered or caused by reason of your reliance on any Website Content.
16.You indemnify us (and our officers, employees, and agents) from any loss, damage, expenses, claims, obligations or liabilities to third parties arising out of or in connection to your use of the Websites or Website Content.
17.Neither we nor our officers, employees, or agents will be liable to you for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever resulting in any way from your access or use of the Websites or Website Content (whether foreseeable or not).
18.We have the right to suspend, limit, cancel or disable your access to the Websites without prior notice at our sole discretion.
Additional Terms and Conditions
21.These Terms and Conditions shall be construed and applied in accordance with the laws of New Zealand, and you consent to the non-exclusive jurisdiction of the New Zealand Courts to determine any matter or dispute which arises under these Terms and Conditions in accordance with the laws of New Zealand.
22.If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder shall not be affected.
External Websites has the meaning given in clause 9.
Intellectual Property Rights means all trade marks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same.
Material means information, data, text, graphics, software, illustrations, photos, audio, video, any combination of these or other material.
Terms and Conditions means these website terms and conditions.
Websites means the websites with the domain names www.spiritworldtimes.com, http://spiritworldtimesuk.com/ and http://spiritworldtimesnz.com/
Website Content has the meaning given in clause 6.