FISHER & PAYKEL ASSET BANK – TERMS AND CONDITIONS OF USE
1. Agreement to Use
These terms and conditions (Asset Bank Terms) apply to your use of the Fisher & Paykel Asset Bank, a service provided by Fisher & Paykel Appliances Limited (FPA). These Asset Bank Terms set out the rights and obligations attached to FPA’s licence of the Fisher & Paykel Asset Bank visual assets and other information (Content) to authorised users. The Content may only be used on the terms of this agreement and your use of the Fisher & Paykel Asset Bank constitutes your acceptance of these Asset Bank Terms.
Your use of the Fisher & Paykel Asset Bank is also subject to our Website Terms and Conditions of Use (set out below) to the extent they are not inconsistent with these Asset Bank Terms. Please take the time to read our Website Terms and Conditions of Use.
2. Grant of Licence
FPA hereby grants you a non-transferable, non-exclusive licence to use the Content “as-is” for legitimate business purposes relating to the promotion or sale of FPA products or those of its affiliates.
FPA may require the removal of, or editorial revisions to, any of the Content used by you at any time. You agree to effect that removal or editorial revision as soon as possible following receipt of such a request.
3. Restrictions On Use
The manipulation or retouching of Content is not permitted unless specifically authorised.
You shall not grant sub-licences, in whole or in part, of any of the rights granted under these Asset Bank Terms.
4. Copyright & Intellectual Property Rights
Unless otherwise stated, FPA or its related companies (as relevant) reserve all copyright in the Fisher & Paykel Asset Bank and the Content and own all such copyright or use it under licence or applicable law.
The Fisher & Paykel Asset Bank includes registered and unregistered trade marks, including but not limited to “Fisher & Paykel” and the Fisher & Paykel logo. You may not use any of FPA’s or its affiliates’ trade marks or the name Fisher & Paykel except as permitted herein.
Use of the Fisher & Paykel Asset Bank is at the sole risk of the user. Under no circumstances will FPA (or any related company) be liable for any general, special, direct, indirect or consequential damages or losses, punitive or exemplary damages, economic loss, loss of profit or the diminution in the value of any asset resulting from use of the Fisher & Paykel Asset Bank or any other hyperlinked website including, without limitation, any lost profits, business interruption, loss of programs or other data or otherwise, even if we are expressly advised of the possibility of such damages.
By registering to use the Fisher & Paykel Asset Bank, you represent and warrant that:
- the information you provide is true, accurate and current;
- you will maintain and promptly update your registration details to keep it true, accurate, current and complete; and
- you have the legal capacity to be bound by these Asset Bank Terms.
If you provide any information that is untrue, inaccurate, not current or incomplete, or FPA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FPA has the right to suspend or terminate your access to the Fisher & Paykel Asset Bank.
All Fisher & Paykel Asset Bank registrations become the exclusive property of FPA.
The information contained in the Fisher & Paykel Asset Bank:
- may contain typographical errors, inaccuracies or other errors;
- may be changed or updated at any time without notice; and
- is provided “as-is” without warranty of any kind (to the extent permitted by law), either express or implied.
You acknowledge and agree that FPA may terminate your access to the Fisher & Paykel Asset Bank should you fail to comply with these Asset Bank Terms. Any such termination shall be in FPA’s sole discretion and may occur without prior notice, or any notice. FPA further reserves the right to terminate any user’s access for any conduct that violates any local or foreign laws or regulations or which may infringe the intellectual property rights of FPA, any FPA affiliate or any third party.
In the event of such termination, you will cease to use any Content or related material.
10. Choice of law / jurisdiction
These Asset Bank Terms shall be governed by and construed in accordance with the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Asset Bank Terms.
FISHER & PAYKEL - WEBSITE TERMS AND CONDITIONS OF USE
1. Limitation on Use
This Website may only be used in accordance with these Website Terms and Conditions of Use, and for non-commercial purposes only.
You may use our Website only for lawful purposes. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these Website Terms and Conditions of Use.
Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
2. Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Website Terms and Conditions of Use through your use of our Website. When a breach of these Website Terms and Conditions of Use has occurred, we may take such action as we deem appropriate.
Failure to comply with these Website Terms and Conditions of Use constitutes a material breach, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
3. Limitation of Liability
Our Website tells you about Fisher & Paykel, our business and Products and Services and the terms and conditions on which we sell Products and Services to you.
While we endeavour to provide accurate and up to date information, errors and omissions may occur. To the extent permitted by law, we:
(b) exclude any liability, whether in contract, tort (including negligence) or otherwise, for any direct, indirect or consequential loss, costs or damage caused by or in connection with our Website.
Without limiting the foregoing, you acknowledge that, given the nature of the internet, we cannot guarantee that any data transmission is totally secure, free from viruses, fault or other risks associated with use of the internet which could damage or interfere with your computer systems and we cannot ensure the security of any content or information you transmit via the Website. You must take your own precautions to address such risks.
If you are using our Website or any of our Products and/or Services for personal or domestic use, nothing in these Terms and Conditions is intended to exclude any rights that you may have under any relevant law.
4. Changes to Website
We may update our Website from time to time, including without limitation, updating our prices and the Products and Services that are offered on our Website.
5. Intellectual Property
All intellectual property rights in this Website, and all derivative works based thereon, are owned by Fisher & Paykel or our licensors.
No part of this Website, including but not limited to, the trademarks, logos, names and product listings, may be copied, extracted or otherwise reproduced, in any form whatsoever, without the express written consent of Fisher & Paykel (or, if applicable, the licensor).
This Website may contain hyperlinks to other websites. Those links are included for convenience only and we do not endorse the content of those third party websites. Your access to and/or use of those websites is at your own risk.
7. Login Details and other Security Information
Depending on which aspects of our Website you use, we may provide personalised security information for the Website, including without limitation, any login and/or username to you from time to time. You must treat all such security information as strictly confidential, and not disclose it to anyone. Any such security information which is generated by us and supplied to you remains our property.
We are entitled to rely on the provision of your security information without further enquiry, as evidence of your identity, authority to use the relevant part of our Website and/or place orders. As a result, to the extent permitted by law, you accept responsibility for all activities that occur under your security information.
You agree to notify us immediately if you have any reason to believe that your security information has become known to anyone else, or if your security information is being, or is likely to be used in an unauthorised manner. Such notice will not release you from your obligations in relation to your security information.