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TERMS OF USE

The following terms and conditions govern all use of the CanterburyScientific.com website and all content, services and products available at or through the website (“the Website”). The Website is owned and operated by Canterbury Scientific Ltd (“Canterbury Scientific”), a company incorporated in New Zealand. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Canterbury Scientific’s Privacy Policy) and procedures that may be published from time to time on this Site by Canterbury Scientific (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Canterbury Scientific, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

 

 

1. CONTENT

We reserve the right to withdraw or amend the Website at any time and do not guarantee that the Website will be available to you at any time. Given the nature of the Internet and access thereto, we do not warrant:

1. that access to the Website will always be immediate or uninterrupted; or

2. that the material on the Website will be free from infection, viruses or destructive code.

 

We shall not be liable to you on any basis for any damage or loss suffered by you as a result of material on the Website infecting or damaging your computer equipment, software and any other electronic device.

 

The content of the Website may be obtained from various sources and is subject to change without notice. We will try to make sure that the information on the Website is accurate and up-to-date, but do not guarantee that the content is reliable, accurate, or suitable for what you may want to use it for. Before relying or acting on any information on the Website, you should get independent professional advice.

We will not be liable for any loss or damage (direct or otherwise) you suffer in connection with your use of the Website or of any linked website or your use of, or reliance on, content contained on or accessed through the Website or any linked website. We also exclude any condition or warranty that could be implied into these terms (but only to the extent that this is allowed by law).

We are not responsible for any technical or other issues that may arise if you download software from an external third party website (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the Website. It is always wise for users to own and use an anti-virus program on all material downloaded from the Internet. We do not accept responsibility for any loss, disruptions or damage to your data or your computer system which may occur whilst using material from this Website.

1. Links to Other Sites. Certain links, including hypertext links, in our Website may take you outside our Website. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked Website, its operator or its content. We are not responsible for the content of any website outside our Website.

2. Intellectual Property. This Agreement does not transfer from Canterbury Scientific to you any Canterbury Scientific or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Canterbury Scientific. “Canterbury Scientific”, the Canterbury Scientific logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Canterbury Scientific. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Canterbury Scientific or third-party trademarks.

3. Changes. Canterbury Scientific reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Canterbury Scientific may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

4. Termination. Canterbury Scientific may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. Canterbury Scientific can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5. Disclaimer of Warranties. The Website is provided “as is”. Canterbury Scientific and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Canterbury Scientific nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

6. Limitation of Liability. In no event will Canterbury Scientific, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data.  Canterbury Scientific shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

7. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Canterbury Scientific Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

8. Indemnification. You agree to indemnify and hold harmless Canterbury Scientific, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

9. Miscellaneous. This Agreement constitutes the entire agreement between Canterbury Scientific and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Canterbury Scientific, or by the posting by Canterbury Scientific of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of New Zealand. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New Zealand, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and lawyers’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Canterbury Scientific may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.