Terms and Conditions
WEBSITE AND APP TERMS AND CONDITIONS OF USE
PLEASE READ THESE WEBSITE AND APP TERMS AND CONDITIONS OF USE CAREFULLY.
THESE WEBSITE AND APP TERMS AND CONDITIONS OF USE SET OUT THE TERMS AND CONDITIONS UPON WHICH BLACK INTERNATIONAL LIMITED AGREES TO PROVIDE YOU WITH ACCESS TO THE INFORMATION AND CONTENT AVAILABLE ON OUR WEBSITE AND APP.
IF YOU DO NOT ACCEPT THESE WEBSITE AND APP TERMS AND CONDITIONS OF USE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE OR APP OR THE CONTENT ON THEM.
1.1 For the purposes of these Conditions, the following terms have the following meanings:
App means the Black app designed for use on mobile devices, that can be downloaded from the Website or from such other locations as we may determine from time to time;
Asset Register means the asset register section of the Website or App, where users can record details of their property;
Conditions means these Website Terms and Conditions of Use;
Content means information and content available on the Website and App;
We or our or us means Black International Limited, a New Zealand company;
Website means the website currently located at black-int.com, or such other location as we may determine from time to time; and
You or your means the person who accesses or uses the Website, App or Content.
2. REGISTRATION AND USE
2.1 The Website and App are provided to people who wish to find out information about our ORCHID™ location device, to download our apps, to use the Asset Register, or to subscribe to our location services. We grant to you and you accept, a non-exclusive, non-sublicensable, non-transferable licence to access and use the Website, download and access and use the App, and use the Content, solely for such purposes.
2.2 If you wish to use an ORCHID™ location device to locate your tools, equipment or other personal property, you will need to subscribe to our location service, pay the applicable subscription fees, and comply with our subscription terms and conditions. These Conditions will not apply to any user to the extent that they are inconsistent with any such subscription terms and conditions agreed between us and that user.
2.3 To use the Website and App and access the Content, users will need compatible devices and operating systems, and internet access. It is your responsibility to ensure that your software, hardware and systems are able to operate with the Website, App and Content.
2.4 We may at any time decline to allow you access to the Website or App or any Content, and we are not obliged to state a reason for such action. We may also at any time and without any notice to you modify, suspend, limit, relocate, remove, or disable access to, the Website or App or any Content, and we will not be liable to you as a result of any such actions.
2.5 You must not attempt to do any of the following things:
(a) use the Website, App or Content in any unlawful manner;
(b) damage, disable, interfere with or harm the Website or App, or any network or system underlying or connected to the Website or App, in any way whatsoever;
(c) amend or adapt any Content, unless you are expressly permitted by us to do so;
(d) modify, adapt, translate, reverse engineer or decompile any part of the Website or App, or any software comprising or underlying the Website or App, or in any manner attempt to derive the source code of any such software;
(e) use any robot, spider, site search/retrieval application, or other device or technological process to retrieve or index any portion of the Website or App, except as expressly authorised by us in writing; or
(f) encourage, assist or direct any other person to do any of the things set out in paragraphs (a) to (e) above.
If you do any of these things you will be responsible for any losses, damages, costs or expenses incurred or suffered by us as a result.
2.6 You acknowledge that:
(a) the Website, App and Content are of significant commercial value to us and our licensors;
(b) all copyright, trade marks, database rights and other intellectual property rights in the Website, App and Content are owned by us or our licensors; and
(c) except as expressly stated in these Conditions, no right or licence is granted to you in relation to the Website, App or Content.
2.7 You must not do any of the following:
(a) copy any of the Content unless expressly permitted by us to do so;
(b) compile or extract the Content for the purpose of making such information available to others (whether as a directory or otherwise) with a view to a profit or for a fee or other consideration; or
(c) use any proprietary trade mark of us or our licensors in a manner that is reasonably considered by us or our licensors to be a misuse or appropriation of that trade mark.
4. THIRD PARTY SITES
4.1 We are not responsible for any content or information on any website that is linked to the Website or App (including any content or information on any website of any advertiser), as we have no control over such websites. We include such links for your convenience and you should not consider such linking as an endorsement by us of any business, product, service or information on that website.
5.1 We do not represent or warrant that the Website, App or Content will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability arising from such matters.
5.2 We do not represent or warrant that the Asset Register, or the functionality and features of the Asset Register, will remain available to or accessible by users of the Website and Apps. You should not rely on the Asset Register as the sole means of recording your ownership of property.
5.3 You acknowledge that neither we nor our licensors give any warranties or representations in relation to the Website, App or Content, either express or implied, including but not limited to any implied warranties relating to the operation or availability of the Website, App or Content. You acknowledge that:
(a) you do not enter into these Conditions in reliance on any representation, warranty, term or condition except as expressly provided in these Conditions; and
(b) any conditions, warranties or other terms implied by statute or common law are excluded from these Conditions to the fullest extent permitted by law.
5.4 In no event will we be liable (whether in contract, tort, negligence or in any other way) to you for:
(a) loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or
(b) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,
arising directly or indirectly from your use or accessing of the Website, App or any Content, even if we had been advised of the possibility of such loss, damage, cost or expense, and even if such loss, damage, cost or expense was reasonably foreseeable by us.
6.1 None of the exclusions or limitations set out in these Conditions will have the effect of limiting or excluding any form of liability where such liability cannot be so limited or excluded under applicable law. Nor will they have the effect of limiting or excluding any form of liability expressly assumed by us under any subscription terms and conditions agreed between us and a user.
7.1 We may amend these Conditions from time to time. Notice of any such amendments will be announced on the Website or App and will be effective immediately, unless we state otherwise. You are responsible for reviewing the Website and App regularly to obtain timely notice of any such amendments.
7.2 Your continued use of the Website or App will constitute your acceptance of any changes or revisions to these Conditions.
8.1 These Conditions embody the entire agreement of the parties in relation to the subject matter of these Conditions and supersede all prior understandings, communications and representations between the parties, whether oral or written.
8.2 You may not assign, transfer or sub-contract any of your rights or obligations under these Conditions, without first obtaining our written consent.
8.3 No amendment to these Conditions will be effective unless in writing and signed by an authorised representative of us.
8.4 These Conditions will be governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.