Todd Walker Terms of Use

In these Website Terms of Use (these Terms), we, us and our means Todd Walker. These Terms apply to your use of this website and all of its contents, and also apply to any associated services, products, platforms or software provided by us (Website).

In using our Website, you may give us personal information in which you have certain rights. By using our Website, you grant us consent to use your personal information in accordance with our Privacy Policy (which you can view here), which forms a part of these Terms. As such, by viewing and using our Website, you will be deemed to agree to these Terms and our Privacy Policy. If you do not agree to be bound by these Terms then you must stop accessing and using our Website.

Licence to use the content on our Website

You acknowledge that our Website, the content posted on our Website by us and our users, and the underlying software and technologies used to operate our Website, are all subject to copyright, trademark and other intellectual property rights (collectively, Intellectual Property Rights). We (or our licensors) retain all right, title, and interest in and to our Website, and nothing you do on or in relation to our Website will transfer any Intellectual Property Rights to you. We grant you a limited, non-transferable licence to access and use our Website solely for your personal, non-commercial purposes. Except as provided in these Terms, permission to reprint or electronically reproduce our Website or any of its contents, in whole or in part, whether by automated or manual means is prohibited, unless prior written consent is obtained from us. We may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of our Website without notice.

Disclaimer

The content on our Website is provided for your information only. The material provided on our Website has not been prepared by taking into account the particular objectives, situation or needs of any individual users; it is a general service only and is not intended to be legal advice. Whilst reasonable care has been taken to ensure the information contained on our Website is accurate and the opinions given are fair and reasonable, we do not give any warranty of accuracy, reliability or fitness for any purpose of the information contained on our Website. It is not intended as advice, and you should not rely upon it as such.

Using our Website and content you submit via our Website

In using our Website, you must not:

violate any applicable laws;
distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
collect or store personal data about other users of our Website; or
engage in any other conduct that inhibits any other person from using or enjoying our Website.

Where requested, we encourage you to contribute to our Website by uploading material, submitting comments, participating in our Website discussion forums and quizzes and, where appropriate, uploading information and photos (collectively, Submissions). You retain copyright and any other rights you already hold in any Submissions. By submitting, posting, or displaying the Submissions, you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Submissions in any form.

You warrant to us that you have all the rights, power and authority necessary to grant the licence of your Submissions above, and that our use of your Submissions in accordance with these Terms will not infringe the rights (including Intellectual Property Rights) of any person or entity or breach any applicable law. You must not submit, post, display or otherwise contribute to our Website any of the following:

any comment, review, message, data, information, text, music, sound, photo, graphic, code or any other material (collectively, Content) that is false, unlawful, misleading, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or which discriminates against or vilifies any group or individual;
content that may infringe any trade secret or Intellectual Property Rights of any person or entity;
content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;
unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “letters”, political campaigning, advertising, contests, raffles, solicitations or the promotion of fund raising or charitable causes (unless in response to a written request made by us);
content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; or
private information of any third party, including surname (family name), addresses, phone numbers, email addresses and credit card numbers.

If we consider that any part of your Submissions exposes us to the risk of a claim or complaint by a third party, we may block access to all or part of our Website and remove all or part of your Submissions. You must provide all reasonable assistance in this respect.

You understand that by using our Website, you may be exposed to Submissions that you find offensive, indecent or objectionable, and that, in this respect, you use our Website at your own risk. We reserve the right in our sole discretion and for any reason to pre-screen, review, flag, filter, modify, refuse or remove any or all Submissions from our Website, but we have no obligation to do so, and we will not be responsible or liable for any of the Submissions. You must abide by any community guidelines which may be posted on our Website by us. You acknowledge that each user of our Website is responsible for their own Submissions, and as a result, we have no control over the truth, accuracy or completeness of the Submissions.

Links and you linking to our Website

Our Website may contain links to websites operated by third parties. We are not responsible for the content or accuracy of any other sites linked to our Website. You should contact the relevant third party directly if you have any questions. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the linked websites or any association with their operators.

We encourage you to provide links to our Website. While you may use the name of our Website in the text of any such link, you may not use any of our logos or trademarks without our prior written consent.

You must not frame our Website or represent or imply that any part of our Website belongs to anyone other than us. If we notify you that we object to the manner in which you provide links to our Website, you must immediately cease providing such links.

Warranties and liability

You may have rights under statutory consumer protection laws, including the Consumer Guarantees Act 1993 which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.

You expressly acknowledge and agree that your access to and use of our Website is at your sole risk and our Website is provided “as is” and “as available”;. In particular, we do not represent or warrant to you that:

your access to and use of our Website will meet your requirements (and you acknowledge that you have relied upon your own experience, skill and judgement to evaluate our Website and that you are satisfied as to the suitability of our Website to meet your requirements); or
your access to and use of our Website will be uninterrupted, timely, secure or free from viruses or error.

Without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in these Terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose, timeliness or non-infringement of third party rights.

If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a Non-Excludable Term), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:

in relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Subject to our obligations under the Non-Excludable Terms, our maximum aggregate liability for all claims arising under or in relation to these Terms or otherwise as a result of your access to and use of our Website is limited to $100.00. Our liability to you will also be diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

Subject to our obligations under the Non-Excludable Terms and to the maximum extent permitted by law, in no event are we liable under or in relation to these Terms or otherwise as a result of your access to and use of our Website for any indirect, special, consequential, incidental or punitive loss or damage or for any loss of goodwill, opportunities, anticipated savings, profits, revenue or bargain. The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.

You must indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these Terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party.

We cannot be responsible for any loss, corruption or interception of data sent to or from our Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.

Cookies

We may store and access cookies on your device. We employ cookie technology and web beacons to help you receive a smoother user experience, to analyse the use of our Website and related information, to collect information relating to user trends and traffic patterns and to improve our Website performance. A cookie is a string of information sent by a web server and stored on your hard drive or temporarily in your computer's memory. A "web beacon" is an electronic image placed in the code of a webpage.

We also use cookies to identify you on future visits to our Website and to other sites. When you access our Website, we (or our third parties) may place a cookie on your device. This allows our Website to recognise you, determine if you have visited certain pages on our Website or other sites and may use “tracking cookies” to present particular content to you. Cookies do not contain personal information (though they do identify the device you use to visit our Website) and you can configure your browser to reject tracking cookies. You can also delete cookies from your internet browser at any time.

General

If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible or inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary, and the remainder will remain in full force and effect.

We reserve the right to seek all remedies available at law and in equity for any breaches to these Term, including without limitation the right to block your access to our Website. Our failure to act with respect to any breaches by you of these Terms is without prejudice to our right to act with respect to subsequent or similar breaches.

These Terms constitute the entire agreement between us and you in relation to our Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to our Website.

Jurisdiction and governing law

Our Website has been prepared in accordance with the requirements of New Zealand law. These Terms and any matters or disputes connected with our Website will be governed by New Zealand laws and will be dealt with by the New Zealand courts.

Updated terms

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of our Website. We reserve the right to update these Terms from time to time. Your continued use of our Website following notification of any changes to these Terms constitutes acceptance of those changes. If you do not agree with any aspect of the updated Terms, you must immediately cease all use of our Website. Any change we make applies from the date the updated Terms is posted on our Website.