1 Application Terms of Use

1.1 These Terms apply to your use of Mackzan, product of DunDeal Ltd. By accessing and using Mackzan you agree to these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use Mackzan, and you must immediately stop doing so.

2 Changes

2.1 We may change these Terms at any time by updating them on Mackzan. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use Mackzan, you agree to be bound by the changed Terms.

2.2 We may change, suspend, discontinue, or restrict access to, Mackzan without notice or liability.

2.3 Terms last updated: These Terms were last updated on 08/06/2020.

3 Definitions and Interpretation

3.1 Definitions: In these Terms:

Mackzan means https://www.mackzan.com/

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening or unlawful, in any way

Personal information means information about an identifiable, living person

Products and services includes goods, services, events, activities, property and accommodation

Terms means these terms and conditions titled Mackzan Terms of Use

Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide Mackzan, including any third party solutions, systems and networks

We, us or our means Mackzan, product of DunDeal Limited, company number 6281139, the owner of Mackzan

You means you, the person using Mackzan

4 About Mackzan

4.1 Through the use of web services and APIs, Mackzan may interoperate with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features.

5 Your Obligations

5.1 There are no charges for you to use Mackzan.

5.2 You must use Mackzan in accordance with these Terms, any Coupon Terms, and solely for lawful purposes (including complying with the Unsolicited Electronic Messaging Act 2007):

5.3 You must provide true, current and complete information in your dealings with us (including when setting up a user profile), and must promptly update that information as required so that the information remains true, current and complete.

5.4 You must obtain our written permission to establish a link to Mackzan. If you wish to do so, email your request to support@mackzan.com.

5.6 When accessing Mackzan, you must:

 a. not impersonate another person or misrepresent authorisation to act on behalf of others or us;

 b. not attempt to undermine the security or integrity of the Underlying Systems;

 c. not use, or misuse, Mackzan in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use Mackzan;

 d. not attempt to view, access or copy any material or data other than:

  i. that which you are authorised to access; and

  ii. to the extent necessary for you to use Mackzan in accordance with these Terms; and

 e. neither use Mackzan in a manner, nor transmit, input or store any material or data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and

 f. unless with our agreement, access Mackzan via standard web browsers and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, monitoring or input method.

6 Intellectual Property

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

7 Privacy

7.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of Mackzan available to you. For example, we may need to have your contact information in order to provide you with updates from Mackzan.

7.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993 and with our Privacy Policy set out here

8 Disclaimers

8.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

 a. Mackzan being unavailable (in whole or in part) or performing slowly;

 b. Any error in, or omission from, any information made available through Mackzan;

 c. Any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Mackzan. To avoid doubt, you are responsible for ensuring the process by which you access and use Mackzan protects you from this; and

 d. Any site linked from Mackzan. Any link on Mackzan to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or services.

8.2 We make no representation or warranty that Mackzan is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of Mackzan is not illegal or prohibited, and for your own compliance with applicable local laws.

9 Liability

9.1 To the maximum extent permitted by law:

 a. You access and use Mackzan at your own risk; and

 b. We are not liable or responsible to you or any other person for any Loss under these Terms or in connection with Mackzan, or your access and use of (or inability to access or use) Mackzan. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

9.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD10.

9.3 To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with Mackzan, or your access and use of (or inability to access or use) Mackzan, must not exceed NZD10.

10 Suspension and Termination

10.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to Mackzan (or any part of it).

10.2 On suspension or termination, you must immediately cease using Mackzan and must not attempt to gain further access.

10.3 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 6, 7, 8, 9 and 10.2, continue in force.

11 General

10.1 If we need to contact you, we may do so by email or by posting a notice on Mackzan. You agree that this satisfies all legal requirements in relation to written communications.

10.2 These Terms, and any dispute relating to these Terms or Mackzan, 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 Mackzan.

10.3 For us to waive a right under these Terms, that waiver must be in writing and signed by us.

10.4 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

10.5 These Terms set out everything relating to your use of Mackzan and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to Mackzan that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.