RADIUS RESIDENTIAL CARE LIMITED - TERMS &
CONDITIONS OF USE
1.
Terms and Conditions: Welcome to the website
of Radius Residential Care Limited (“Radius”). These Terms and
Conditions apply to your use of this website. By using this website, you are
deemed to have read and agree to be bound by these Terms and Conditions. If
you do not accept these Terms and Conditions, you must leave this website
immediately.
2.
Privacy Policy: As well as these Terms
and Conditions the Privacy Policy also apples to your access to and use of the
website. You should ensure that you read the Privacy Policy in conjunction
with these Terms and Conditions. By accessing this website you are deemed to
have read and agree to be bound by the Privacy Policy as well as these Terms
and Conditions.
3.
Amendments: Radius reserves the
right to amend these Terms and Conditions from time to time. Amendments will
be effective immediately upon being placed on this website. Your continued use
of the website following such amendments being placed on this website will
represent an agreement by you to be bound by the Terms and Conditions as
amended. Such amendments may include replacing these Terms and Conditions with
entirely new Terms and Conditions.
4.
Intellectual Property: Unless otherwise stated,
Radius is the owner of all copyright, trademarks and other intellectual
property rights in this site or has a valid right to use such copyright,
trademarks and other intellectual property rights in this site. This includes
without limitation all intellectual property rights in respect of all text,
graphics, logos and images on this website. Radius’s ownership of and
right to use such intellectual property is protected by both New Zealand and
international law.
5.
Licence: Radius grants you a
limited licence (“Licence”) for the purpose of accessing and making
personal use of this site. Any contravention by you of these Terms and
Conditions terminates the Licence immediately. Under no circumstances, without
the prior written approval of Radius, may you adapt, reproduce, store,
distribute, print, display, publish or create derivative works from any part of
this website other than in accordance with the Licence. You shall not use any
data gathering and extraction tools or software to extract information from
this site. You shall not frame or utilize framing techniques to enclose any of
the contents of this website without Radius’s express prior permission.
You may not use any meta tags or other hidden text which incorporate Radius’s
name or any of its intellectual property including trademarks without the Radius’s
express prior permission. Using any information or content included on this
website other than in accordance with the terms of the Licence is strictly
prohibited. You agree to fully indemnify Radius for any loss or damage it may
suffer in contract, tort, equity, statute, regulation or otherwise, including
without limitation any economic loss, loss of turnover, profits, business or
goodwill, whether direct or consequential, in respect of any third party claims
against Radius its related parties, employees, contractors or agents, that may
arise as a result of your breach of the Licence.
6.
Proprietary Notices: In the event that you
are granted permission by Radius to use this website or any portion of it or its
content other than for personal use, subject to any contrary agreement you
reach with Radius, you must ensure that all copyright, trademark and other
proprietary notices contained in the content are retained.
7.
Content: While Radius has endeavoured
to take all reasonable and appropriate care in the preparation of the content
of this website and has no reason to believe that any information contained on this
website is inaccurate, Radius does not warrant the accuracy, adequacy, or
completeness of such information or that such information is error free. Radius
does not undertake to keep this website updated. Radius does not accept
liability for any loss or damage which may result either directly or indirectly
from reliance by you upon the accuracy or currency of information contained on
this website including without limitation where such loss or damage is a result
of or contributed to by the negligence of Radius.
8.
Linked Websites: This website may
contain links to other websites (“linked websites”). Those links
are provided for convenience only and may not remain current or be maintained.
9.
Links: Radius requires that
you obtain the prior written approval of Radius before providing any link to
this website. Where such approval is given, you further agree that you will
not use any Radius logo, trademark or other proprietary graphic as part of such
link without the express prior approval of Radius.
10.
Accessing: You must take your own
precautions to ensure that the process which you employ for accessing this
website does not expose you to the risk of viruses, malicious computer code or
other forms of interference which may damage your own computer system. Radius
does not accept responsibility for any interference or damage to your computer
system which may arise in connection with your use of this website or any
linked website.
11.
Exclusion of Warranty: To the fullest extent
permitted by law, in relation to your access and use of this website any
condition or warranty either express or which would otherwise be implied by law
into these Terms and Conditions is hereby excluded.
12.
Exclusion of Liability: Under no circumstances
will Radius, its employees or its agents be liable to you in contract, tort,
equity, statute, regulation or otherwise for any loss, damage, costs, legal
costs, professional and other expenses of any nature whatsoever incurred or
suffered by you or by any other third party, whether direct or consequential
(including without limitation any economic loss or other loss of turnover,
profits, business or goodwill) arising out of any dispute or contractual,
tortious or other claims or proceedings made by or brought against you which
relate in any way to your access and use of the website or in respect of any
failure or omission on the part of Radius to comply with its obligations as set
out in these Terms and Conditions in respect of your access and use of the
website.
13.
Limitation of
Liability:
In the event that any limitation or provision contained in these Terms and
Conditions is held to be invalid or unenforceable for any reason and Radius
becomes liable for any loss or damage that would otherwise have been excluded, Radius’s
maximum liability in contract, tort, equity, statute, regulation or otherwise
for any loss, damage or injury directly or indirectly arising in respect of
your access and use of the website is to be limited to $50 in New Zealand
currency.
14.
Jurisdiction: This website is
governed by and is to be interpreted in accordance with the laws of New Zealand
and in all matters relating to or arising from your use of the website, you
agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
15.
Disputes: In the event that you
have a dispute in respect of the content of this website or relating to or arising
from your use of this website you must immediately notify Radius in writing
giving details of the dispute. You agree that Radius and yourself acting in
good faith will then use best endeavours to resolve the dispute.
16.
Failure to Comply: Radius accepts no
liability for any failure to comply with these Terms and Conditions where such
failure is due to circumstances beyond its reasonable control.
17.
Waiver: If Radius waives any
rights available to it under these Terms and Conditions on one occasion, this does
not mean that those rights will automatically be waived on any other occasion.
18.
Severability: If any of these Terms
and Conditions is held to be invalid, void, unenforceable or illegal for any
reason, such provision shall be deemed to be severed from these Terms and
Conditions and the remaining Terms and Conditions shall continue in full force.
19.
Queries: If you have any
queries in regard to these Terms and Conditions please don’t hesitate to
contact us.