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.
2.1 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.
3.1 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
4.1 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.
5.1 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.
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.
7.1 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
8.1 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.
9.1 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.
10.1 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.
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.