General
Ortho Medics Limited (NZBN 9429040431550) and its related companies (together we, us, our and other similar expressions) welcome you, the viewer and user of this website (https://www.orthomedics.co.nz/).
Acceptance of these terms of use
We provide this website subject to these terms of use. Before you browse or use any facilities on this website, it is important that you read, understand, and agree to these terms of use.
By using this website, you agree to be bound by these terms of use. If you use this website on behalf of a third party such as an organisation or employer, you agree to these terms of use on your own behalf and on behalf of that third party. If you do not accept these terms of use, you must not use this website.
Variations
We may revise and update these terms of use at any time without notice to you. It is important that you regularly review the most up to date version of these terms of use, as they will be the terms of use on which you access and use this website.
Your use of this website
Your use of this website is at your own risk.
You must only use this website for lawful purposes, and in accordance with these Terms, any directions given by us and with all laws and regulations that apply to you.
You must ensure that your access and use of this website is not illegal or prohibited by laws that apply to you.
You must not, and you must not cause or permit a third party, to:
- use this website in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s intellectual property rights, or which restricts or interferes with our provision of this website to any other users;
- reverse engineer, reverse assemble or reverse compile or copy or duplicate or modify or make derivative works of or re-sell all or part of this website;
- gain or attempt to gain unauthorised access to any part of this website, or our computer systems or networks connected to this website, including through hacking, password mining or any other means; or
- use data mining, robots, screen scraping or similar data gathering and extraction tools on this website for establishing, maintaining, advancing or reproducing information contained in this website, on your own website or in any other publication, or for your own personal use or benefit (other than as expressly set out in these Terms), except with our prior written consent.
You are responsible for taking all necessary precautions to ensure your access to and use of 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.
We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Website Content
The content and information on this website come from a variety of sources and authors, including our staff, contractors and suppliers. While the information on this website has been prepared and sourced using reasonable care, it is intended for general use only and is not advice.
We make no representation about the accuracy, completeness or usefulness of the content on this website or its fitness for any particular purposes, nor do we undertake to keep this website or its content up-to-date. This applies to content provided by us and to content provided by others.
Where the content provided by others contains opinions or judgements of third parties, we do not endorse those opinions or judgements, nor their accuracy or reliability.
You must evaluate, and bear all risks associated with the use of content, whether provided by us or by others, including your reliance on the accuracy, completeness or usefulness of it. By using this website, you agree that neither we nor our officers, employees and agents are responsible for:
- the accuracy of the content displayed on or omitted from the website;
- any person’s reliance on content available on or omitted from the website; or
- any loss in connection with the use of the website.
You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any content on this website, whether provided by us or by others.
Copyright and trademarks
Copyright in the content on this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.
This website is for your personal, non-commercial use only and you must not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material on this website without our express prior written consent (such consent may be withheld) or for commercial purposes. Our logo and any other trade mark appearing on this website must not be downloaded, copied and or used for any purpose without the permission of its respective owner. No right, license or interest is granted in our logo and all such other trade marks by these terms of use.
Your content
Any content posted on this website is subject to review, modification and deletion without notice by us. You acknowledge that any personally identifiable information you choose to disclose on this website may be used by third parties and we are not responsible for this.
You must not post any information which:
- is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person; or
- contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of this website or any of our users.
We may deny you access to all or part of this website and or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these terms of use, the Ortho Medics privacy policy or is otherwise inappropriate. We will not be liable for any loss, direct or indirect, that may result from the suspension or cancellation of your service account.
Linked sites
This website may be linked to other websites over which we have no control. Those links are provided for convenience only and may not remain current or be maintained.
We do not sponsor, endorse, adopt, confirm, guarantee or approve the content or representations made on those websites. We are not liable for, and make no representations about the accuracy of, content on those websites.
No links from external websites to this website are permitted without our prior written approval.
Privacy
We treat all personal information submitted to us in accordance with the Ortho Medics privacy policy.
Disclaimer
This website is provided to you on an ‘as is’, ‘with all faults’ and ‘as available’ basis. To the extent permitted by law we make this website available to you without any warranties or guarantees of any kind, expressed or implied.
We make no representation, warranty or guarantee that your access to, and use of, this website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components and we reserve the right to discontinue operating this website at any time without notice to you.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us.
Limitation of liability
Nothing in these terms of use is or should be interpreted as an attempt to modify, limit or exclude any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by legislation which cannot be modified, limited or excluded.
We exclude to the extent permitted by law all other guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, which would otherwise be implied into these terms of use concerning the activities covered by these terms of use.
You agree that you do not rely on any guarantee, term, condition, warranty, undertaking, inducement or representation made by us or on our behalf which is not expressly stated in these terms of use. In particular, we make no warranty or representation that this website will always be available, accessible, secure or operate without error.
Where any legislation implies or imposes a guarantee, term, condition, warranty, undertaking, inducement or representation in relation to these terms of use and we are not able to exclude that guarantee, term, condition, warranty, undertaking, inducement or representation (Non-Excludable Provision), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then the our liability for breach of the Non-Excludable Provision is limited to (at our election):
- in the case of goods, the repair or replacement of the goods or the supply of equivalent goods (or the payment of the cost of doing so); and
- in the case of services, the supplying of the services again (or the payment of the cost of doing so).
Subject to our obligations under the Non-Excludable Provisions:
- we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any loss arising out of your use of or reliance on any content; and
- we are not liable to you or any third party for any economic loss, loss of actual or anticipated profits, loss of revenue, loss of savings, loss of production, loss of business, loss of opportunity, loss of access to markets, loss of goodwill, loss of reputation, loss of credit, loss of publicity, loss of data, loss of use, loss of interest or loss arising from business interruption or any special, indirect, consequential, incidental, punitive, exemplary or unforeseeable loss or any similar loss arising in connection with any use or access, or any inability to use or access, or misuse by you or any other party, of this website or otherwise in connection with any content, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, breach of warranty or guarantee, under an indemnity or otherwise and whether or not that loss was foreseeable, even if we have been advised of the possibility of such loss.
Indemnity
You agree to hold harmless and indemnify us and our officers, agents and employees against any loss, damage, costs or expenses that we, or any of our officers, agents and employees, may incur in connection with your breach of these terms of use or any other legal obligation, or any use by you of this website.
General
None of your rights and obligations under these terms of use may be assigned or transferred without our prior written consent.
Except as expressly provided to the contrary in these terms of use, nothing in these terms of use or the use of this website will constitute you and us as principal and agent, employer and employee, partners or otherwise liable for the acts or omissions of each other.
These terms of use record the entire agreement between you and us in relation to your use of this website. You may also be subject to additional terms and conditions that apply when you use particular services available on or through this website.
All warranties, releases, exclusions and limitations of liability, indemnities, terms with respect to intellectual property and confidential information in these terms of use will remain valid and binding following expiry or termination of these terms of use. Any other provision by its nature intended to survive expiry or termination of these terms of use survives expiry or termination of these terms of use.
The failure, delay or omission by us to exercise, or to partially exercise, a right, power or remedy under these terms of use (or any connected agreement) does not operate as a waiver of that right, power or remedy. If we exercise, or partially exercise, a right, power or remedy, we maintain our right to further exercise the same right, power or remedy or to exercise another right, power or remedy. We only waive a right, power or remedy by explicitly doing so in a written notice to you and the waiver is strictly limited to the matters specified in the notice.
If any provision of these terms of use is determined by a court or other competent tribunal or authority to be illegal, invalid or unenforceable then, the remainder of these Terms will continue in full force and effect
These terms of use are governed by the law of New Zealand. Each party submits to the jurisdiction of the courts in New Zealand in connection with matters concerning these terms of use.