Terms of Use

 
WEBSITE TERMS OF USE – TRONQUE LIMITED
 
This website is owned by Tronque Limited (referred to as "we", "our" or "us").  Your use of this website is governed by these terms of use.  By accessing and browsing this website you agree to be bound by these terms of use.  If you wish to purchase any of our products on this website, you will be required to agree to the Terms and Conditions of Sale for those particular products.
 
Intellectual Property
 
As between you and us, all intellectual property on this website, including without limit, the text, graphics, copyright works and trade marks, is owned by us (or by third-party content suppliers), and we are the exclusive owner of all rights in the compilation, design and layout of this website.
 
Right to Use Website and Content
 
You may access, view, reproduce and print the content on this website, provided you only use that content for non-commercial purposes, and in accordance with these terms, and, in the case of any reproduction that any such reproduction includes a prominent acknowledgement of our rights in the relevant content. 
 
We reserve the right to prohibit links to this website, and you agree to remove or cease any link upon our request.  You may not frame any part of the website material by including advertising or other revenue-generating material.
 
We reserve the right to suspend your use of the Website, by suspending your user account or otherwise, at any time.
 
Disclaimer 
 
The information provided on this website is general in nature, and has not been prepared by taking into account the particular objectives, situation or needs of any individual users.  Use of this website is at your own risk.
 
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
 
Nothing in this disclaimer is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993. 
 
Nothing in this disclaimer is intended to exclude our obligation under any product warranty that we have given.  In the event of any inconsistency between the terms of use of this website and any product warranty given by us, the terms of the product warranty will prevail.

 

Third Party Content

 
1. This website may contain links to third party websites.  These websites have not been prepared by us and are not controlled by us.  They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites that this website links to.
 
The website may also contain third-party advertisements. Advertisements are not recommendations or endorsements by us. You should refer to the relevant advertiser for information on its products and/or services.
 
2. The content of this website may include information or commentary provided by users or other third parties.  To the extent permitted by law, we are not responsible for the content provided by users or third parties, and we are under no obligation to monitor or remove any third-party content or user comments. 
 
If this website contains chat rooms or the ability to communicate with other users of the website, bulletin boards or any other communication forums you agree to only use the Forums to send and receive material and messages that properly relate to the particular Forum.  You agree that when accessing a Forum you will not:
 
  • abuse, threaten, harass, stalk, defame or otherwise violate the legal rights of other users of the Forums;
  • publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;
  • upload files that contain information or software protected by intellectual property laws unless owned or controlled by you or used by consent of the owner;
  • upload files that contain viruses, corrupted files, or any other software or programmes that may cause damage to the computers of other users of the Forums; and
  • advertise, or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
 
You acknowledge and agree that Forums are public communications and that communications by other users are not endorsed by us and have not been reviewed, screened or approved by us.
 
We, at our sole discretion and without notice, reserves the right to remove any content from the Forums and to deny any user access to this website or any portion of it.
 
You agree to indemnify, hold harmless and defend us and our affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your conduct on this website, or from any content or messages posted or transmitted by you on or through this website.   We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
 
3. If you provide or contribute any content or other materials to us and/or to this website (User Content), you agree that we, and anyone authorised by us, can use that User Content in any manner free of any obligation to you.  This includes granting us the right to copy, distribute, modify, licence and exploit any User Content in perpetuity by any means and media now known or developed in the future, without payment or other consideration to you or any other person, including use in advertising and promotion.  By posting or uploading any User Content to this website or providing any User Content to us, you automatically and irrevocably:
 
  • grant and assign to us any and all rights in the User Content throughout the world including without limitation all copyright, and waive all moral rights in the User Content that may be available to you in any part of the world. If any of these rights cannot be assigned to us, you grant us a perpetual royalty-free worldwide licence to any and all rights in the User Content, including without limitation, all copyright, with the right to sublicence;
  • appoint us as your agent with power to enter into any document and/or do any act (and you agree to execute any documents) we may consider appropriate to confirm and enforce the rights granted under these terms of use; and
  • warrant that: (1) you are the owner of the User Content and entitled to enter into these terms of use; (2) you have obtained all necessary permissions and licences for any third-party materials necessary for us to exploit the rights granted to us in the User Content; and (3) no User Content will be subject to any obligation, of confidence or otherwise, to you or any other person.
 
Acceptable Use
 
You must comply with the following specific rules relating to your use of the website:
 
  • you must not, and must not attempt to, copy, rip, replicate, scrape or capture any content from the website (whether for the purpose of replicating, aggregating or republishing all or any part of the website, or otherwise) other than by using the appropriate streaming or download facility provided by the website and in accordance with your subscription type;
 
  • you must not copy, republish or adapt, or make available or otherwise communicate to the public, perform, transfer, display, share or otherwise use any content on or from the website (including any other user's content) except as provided for in these terms and in accordance with any third party rights;
 
  • you must not remove or modify any trade mark, copyright, proprietary notice, legal notice or other notice contained in, or provided via, the website;
 
  • you must not copy, adapt, reverse engineer, decompile, modify or attempt to discover, any source or object code of any part of the website;
 
  • you must not use the website to post, upload, transmit, copy, distribute, or display or make available to the public:
 
§ any spam or any other similar material or other unauthorised or unsolicited advertising or promotional messages;
 
§ any content that is obscene, pornographic or sexually explicit, offensive, racist, abusive, defamatory, culturally offensive, indecent, or that promotes illegal acts or violence, or incites hatred on grounds of gender, race, religion or sexual orientation, or is otherwise objectionable in our absolute and sole opinion;
 
§ any information or material that infringes the rights of any third party including, without limitation, copyright, trade mark rights and rights in or relating to confidential information;
 
§ any harmful or malicious code, including viruses, trojan horses, adware, spyware, malware, bots or worms, or anything else which might disrupt or harm the website (or any user of the website); or
 
§ any content that contravenes, or would cause us to contravene, any law or regulation;
 
  • you must not collect, or attempt to collect, personal information about other users of the website (including by using scraping or spidering);
 
  • you must not exploit, harass, threaten or abuse another user of the website;
 
  • you must not use or attempt to use any other user's account, password, or other information without that user's prior written consent;
 
  • you must not use, or cause to be used, any automated program or script, or other functionality or technique, which conceals, or is misleading or deceptive as to, your identity, or your use of, or activity on, the website;
 
  • you must not sell, rent or lease access to the website, any of our content or any other user's content; and
 
  • in addition, you must not:
 
§ circumvent, or attempt to circumvent, any data security measures employed by us;
 
§ access or attempt to access data or materials forming part of the website which are not intended for your use; or
 
§ attempt to interfere with the website by any means, including by hacking our systems or servers, submitting a virus, overloading, mail-bombing or crashing the website.
 
Promotions and Competitions 
 
You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this website, prior to being able to obtain or participate in such promotions or competitions.  Any such additional terms and conditions must be read in conjunction with these terms of use.  In the event of any inconsistency between these the terms of use for this website and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail. 
 
Cookies
 
We may use "cookies" to provide you with access to tailored information and services on the website and to serve you better when you return to it.  A cookie is a small data file that the website sends to your browser, which may then be store on your system for later retrieval by the website.  Cookies track your movements through different websites, and are widely used on websites to help with navigation and to help personalise your experience when you visit a website.
 
Purchasing Products
 
You may offer to purchase products described on this website for the price specified on this website.  Your order is subject to the Terms and Conditions of Sale on this website, or as subsequently described to you. 
 
All Liability Excluded
 
To the extent permitted by law:
 
  • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this website or the content on or accessed through it; and
  • we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this website or the content on or accessed through it.
 
Nothing in these terms of use is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993, or any other statutory rights that may not be excluded, restricted or modified.
 
Privacy Policy
 
The Privacy Policy governs the collection, use and disclosure of your personal information by us.  The Privacy Policy forms a part of these terms of use.
 
Jurisdiction and Governing Law
 
This website and content has been prepared in accordance with the requirements of New Zealand law.  These terms of use and any matters or disputes connected with this website will be governed by New Zealand laws and will be dealt with by New Zealand courts, and you agree to submit to the jurisdiction of New Zealand courts.
 
Amendments
 
We may amend these terms of use from time to time, and you should check and read these terms of use regularly.  By continuing to use this website after any such amendment, you are deemed to have agreed to the amended terms of use.
 
Security of Information
 
Unfortunately, no data transmission over the internet can be guaranteed as totally secure.  Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.  Accordingly, any information which you transmit to us is transmitted at your own risk.  Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.  You should never share your secure information, password or identifier with any other person. 
 
Contacting Us
 
If you have any questions or concerns in relation to this website or these terms of use, please contact us at: hello@tronque.com.

 

 

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