TermsandConditions
THESE TERMS AND CONDITIONS OF USE SET OUT THE TERMS AND CONDITIONS UPON WHICH SPEX LIMITED AGREES TO PROVIDE YOU WITH ACCESS TO THE SHAPERATOR SERVICE.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, YOU SHOULD NOT ACCESS OR USE THE SHAPERATOR SERVICE.
DEFINITIONS
1.1 For the purposes of these Conditions, the following terms have the following meanings:
Conditions means these Shaperator Terms and Conditions of Use;
Service means the online Shaperator service;
We or our or us means Spex Limited, a New Zealand company, as well as other members of the Medifab Global Group; and
You or your means the person who accesses or uses the Service.LIMITATIONS OF THE SERVICE
2.1 The Service is provided to persons who wish to obtain information about and quotations for our products. As part of the Service, users can input proposed product configurations to enable our distributors or resellers to provide quotations for or information about products based on those configurations.
2.2 We do not supply products via the Service. You acknowledge and agree that your use of the Service does not give rise to a supply arrangement between you and us, or a customer-supplier relationship.
2.3 When you send a request via the Service, that is a request for a quotation for or information about the relevant products. It is not a legally binding order for those products. If you wish to purchase those products, any contract for the sale and purchase of those products will be between you and the relevant distributor or reseller, and will be subject to those terms and conditions that you agree separately with the distributor or reseller.
2.4 Neither we nor the distributor or reseller are responsible for any delay or failure to respond to any information or quotation request. Nor are we responsible for any inaccuracies or omissions in any response by a distributor or reseller to an information or quotation request by you.
2.5 Without limiting any of the foregoing, neither we nor our distributors or resellers will have any liability to you or to any other person as a result of any error, inaccuracy, or incomplete information in any request made by you for a product quotation or product information.
2.6 You are responsible for ensuring that any products you order from our distributors or resellers meet the particular health or medical needs of the relevant person they are intended for. Neither we nor our distributors or resellers provide medical or health advice. The supply of any products following a request for a product quotation or product information via the Service will not amount to an endorsement or recommendation of those products for the medical or health needs of any particular person.
2.7 It is your responsibility before ordering any of our products to ensure that any particular product configurations or customisations requested by you are appropriate for the relevant person and are approved by an appropriately qualified health professional.RESTRICTIONS ON USE OF THE SERVICE
3.1 To use and access the Service, users will need compatible devices and operating systems, and internet access. It is your responsibility to ensure your software, hardware and systems are able to operate with the Service.
3.2 We may at any time decline to allow you access to the Service, and we are not obliged to state a reason for such action. We may also at any time and without any notice to you modify, suspend, limit, relocate, remove, or disable access to, the Service, and we will not be liable to you as a result of any such actions.
3.3 You must not attempt to do any of the following things:
(a) use the Service in any unlawful manner;
(b) damage, disable, interfere with or harm the Service, or any network or system underlying or connected to the Service, in any way whatsoever;
(c) modify, adapt, translate, reverse engineer or decompile any part of the Service, or any software comprising or underlying the Service, or in any manner attempt to derive the source code of any such software;
(d) use any robot, spider, site search/retrieval application, or other device or technological process to retrieve or index any portion of the Service, except as expressly authorised by us in writing; or
(e) encourage, assist or direct any other person to do any of the things set out in paragraphs (a) to (d) above.
If you do any of these things you will be responsible for any losses, damages, costs or expenses incurred or suffered by us as a result.INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge that:
(a) the Service and its content are of significant commercial value to us and our licensors;
(b) all copyright, trade marks, database rights and other intellectual property rights in the Service and its content are owned by us or our licensors; and
(c) except as expressly stated in these Conditions, no right or licence is granted to you in relation to the Service and its content.
4.2 You must not do any of the following:
(a) copy any of the Service content unless expressly permitted by us to do so;
(b) compile or extract any Service content for the purpose of making such information available to others (whether as a directory or otherwise) with a view to a profit or for a fee or other consideration; or
(c) use any proprietary trade mark of us or our licensors in a manner that is reasonably considered by us or our licensors to be a misuse or appropriation of that trade mark.LIABILITY
5.1 We do not represent or warrant that the Service or its content will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability arising from such matters.
5.2 You acknowledge that we give no warranties or representations in relation to the Service or its content, either express or implied, including but not limited to any implied warranties relating to the operation, accuracy or availability of the Service or its content. You acknowledge that:
(a) you do not enter into these Conditions in reliance on any representation, warranty, term or condition except as expressly provided in these Conditions; and
(b) any conditions, warranties or other terms implied by statute or common law are excluded from these Conditions to the fullest extent permitted by law.
5.3 In no event will our total liability under any claim of whatever nature arising directly or indirectly from your use or accessing of the Service or its content exceed NZ$10.00.
5.4 None of the exclusions or limitations set out in these Conditions will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable consumer laws.AMENDMENTS
6.1 We may amend these Conditions from time to time. Notice of any such amendments will be announced on the Service site and will be effective immediately, unless we state otherwise. You are responsible for reviewing the Service site regularly to obtain timely notice of any such amendments.
6.2 Your continued use of the Service will constitute your acceptance of any changes or revisions to these Conditions.General
7.1 These Conditions embody the entire agreement of the parties in relation to the subject matter of these Conditions and supersede all prior understandings, communications and representations between the parties, whether oral or written.
7.2 You may not assign, transfer or sub-contract any of your rights or obligations under these Conditions, without first obtaining our written consent. No amendment to these Conditions will be effective unless in writing and signed by an authorised representative of us.
7.3 These Conditions will be governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.