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Strengthening web
applications, reducing security related risk
Contact details
Tel.: + 64 9 309 7650
Fax.:+ 64 9 309 7651
info@codescan.com
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TERMS OF USE
This website ("Site") is owned by CodeScan Limited (referred to in these Terms of Use as "CodeScan Labs", "we", "our" or "us"). Your use of this Site is governed by these Terms of Use. By accessing and browsing this Site, you agree to be bound by these Terms of Use.
- Definitions and Interpretation
In these Terms of Use, unless the context otherwise requires:
"Fees" means the fees payable for Products or Services as displayed on this Site from time to time.
"Intellectual Property" includes the design of, and all content appearing on this Site, trade marks
(including logos), domain names, copyright, rights in computer software, databases and lists, confidential information, know-how
and trade secrets and manuals, whether registered or unregistered.
"Organisation" means an organisation on behalf of whom access, or use, of this Site is made.
"Products" means the products you may obtain through this Site from time to time.
"Services" means the services you may obtain through this Site from time to time.
"you" means:
- any person who accesses and uses this Site; and
- where an individual accesses or uses this Site for or on behalf of an Organisation,
the Organisation on whose behalf such access or use is made.
References to "your" have a corresponding meaning.
Where the context permits, references to a "person" include
an individual, firm, company, corporation or unincorporated body of persons, any public,
federal, state, territorial or regional authority, any government, and any agency of any
government or of any such authority.
- Intellectual Property and Content
All Intellectual Property on this Site, including without limitation, the text, graphics and
copyright works, is owned by CodeScan Labs (or CodeScan Labs' relevant content supplier). CodeScan
Labs is the exclusive owner of all rights in the compilation, design and layout of this Site. You
should assume that everything you see or read on the Site is subject to copyright and may not be used
(except as provided in these Terms of Use) without our express written permission. No part of this
Site may be:
- distributed or copied for any commercial purpose, nor incorporated in any other work or publication
whether in hard copy, electronic or any other form); or
- resold, published, copied, reproduced, transmitted or stored (including in any other website or
other electronic form) except that you may print, or download to your hard drive, extracts from the
Site only for informational and non-commercial purposes use,
without the express prior written permission of CodeScan Labs. CodeScan Labs does not warrant
nor represent that your use of materials displayed on the Site will not infringe the rights of
third parties not owned or affiliated with us. Any reproduction must include a prominent
acknowledgement of the rights of CodeScan Labs in the relevant content. While all reasonable
efforts are made to include accurate and up-to-date information in the Site, CodeScan Labs has
no liability or responsibility for any errors or omissions in the content of the Site.
- Authority
If you are accessing or using this Site for or on behalf of an Organisation, you warrant that
you have the appropriate authority and power to do so on behalf of the Organisation and are
authorised to accept these Terms of Use on behalf of the Organisation.
- Purchase of Products and Services
If you purchase any Products or Services through this Site, you will pay all Fees for any
or Services at the time your request for those Products or Services is accepted by CodeScan
Labs. CodeScan Labs reserves the right to amend any Fees from time to time and to adjust
any Fees recorded on this Site if the Fees recorded are incorrect. All Fees are in
US dollars and are inclusive of GST (if any) (being tax levied in accordance with the Goods
and Services Tax Act 1985 and including any tax levied in substitution for GST) You will
pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).
- Discussion Forums
This Site may, from time to time, include chat rooms, discussion forums or any other
communication forum (Forums) which allow you to provide feedback or comments
to us regarding CodeScan Labs, our products or services. The content published, posted or
transmitted is the opinion of the writers and do not necessarily represent the opinion of
CodeScan Labs. It is a condition of your access and use of the discussion forum on this Site
that you do not:
- restrict or inhibit any other user from using the Forums;
- 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;
- post or transmit any information, software or other material which infringes the rights of any third party;
- 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.
We may, at our sole discretion and without notice, edit, refuse to post or remove any content from the Forums, in
whole or in part, which, in our opinion, breaches these Terms of Use. We may terminate or suspend your ability to
participate in the Forums at any time without giving prior notice to you.
You acknowledge and agree that you grant us a royalty-free, non-exclusive worldwide right to reproduce,
distribute and display any material you submit on this Site (in whole or in part) in any media or form of communication.
- Additional Terms
You may need to agree to additional terms and conditions or licence agreements for particular Products or
Services which may be available to you from time to time through this Site, prior to being able to obtain and
use those particular Products or Services. Any such additional terms and conditions or licence agreements
must be read in conjunction with these Terms of Use.
- Your Responsibilities
- You agree to use this Site only for the purpose for which it is being provided.
- You agree not to use this Site for any improper, injurious, offensive or unlawful purposes.
- You agree not to damage or disrupt this Site.
- You are responsible for making your own assessment of the suitability of this Site and the Products,
Services and information available from this Site, for achieving your purposes.
- You are responsible for any actions you take based on Products, Services or information obtained through this
Site, and all outcomes resulting from your use of those Products, Services or information.
- You are responsible for providing all technology, hardware, software and telecommunication facilities in order
to access and use this Site.
- You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and
orders of all relevant regulatory bodies in relation to any of the Products, Services or information made available
to you through this Site.
- CodeScan Labs' Responsibilities
CodeScan Labs will use its reasonable endeavours to ensure that the Site is faultless, immediate, continuous and
virus-free at all times and will also endeavour to ensure the Site is available at all times other than during periods
of maintenance. However, CodeScan Labs does not warrant that the Site and/or your use of the Site will be faultless,
immediate, continuous and virus-free, or that information provided by CodeScan Labs through the Site will be complete,
accurate or up-to-date.
CodeScan Labs reserves the right to alter, suspend or terminate this Site temporarily or permanently at any time.
Internet transmissions are never entirely secure or private and any information you provide through this Site may be
read or intercepted by others. CodeScan Labs will not have any liability for the interception,
'hacking' or other unauthorised access of information through this Site.
- Disclaimer
The information provided on this Site is for general guidance only. Users of the information contained on this Site must
make their own assessment of the suitability and appropriateness of the Products, Services and information for their particular use.
- All Liability Excluded
Your use of this Site is entirely at your risk. To the fullest extent permitted by law:
- CodeScan Labs will not be liable for any loss, damage, cost or expense of any kind, whether direct,
indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in connection
with your access to, or use of this Site or the content on or accessed through it;
- CodeScan Labs will not be liable for any loss, damage, cost or expense of any kind, whether
direct, indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in
connection with any Products or Services obtained from this Site;
- all warranties, representations and guarantees, (whether expressed, implied, or statutory)
are excluded, including but not limited to the implied warranties of merchantability and fitness for
a particular purpose or non-infringement of Intellectual Property.
If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which
are not excluded or limited by the above. If you are using this Site or its content for business
purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993
will not apply.
The exclusions and limits set out in these Terms of Use will also operate for the benefit of
CodeScan Labs' relevant suppliers, licensors and agents of CodeScan Labs which CodeScan Labs uses to provide this Site.
- Indemnity
You agree to indemnify CodeScan Labs and CodeScan Labs' relevant suppliers, licensors and agents in respect of any loss,
damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client base or
otherwise) suffered or incurred by CodeScan Labs:
- as a result of any inaccurate or incomplete information provided by you to CodeScan Labs;
- any breach by you of any of your obligations under these Terms of Use (including any acts or omissions of your
employer, contractors or agents); or
- any content you publish, post or transmit to the Forums.
- Confidentiality and Statements
Any communication or material transmitted to the Site by electronic mail or otherwise will be treated as
non-confidential and non-proprietary. Anything you transmit, including ideas, suggestions, information or
other material becomes the property of CodeScan Labs and may be used reproduced, published, modified, adapted
and transmitted without restriction.
Any forward looking statements, including statements about future performance and solutions may rely on a
number of assumptions concerning future events and be subject to a number of uncertainties and other factors,
which may be outside the control of CodeScan Labs that could cause actual results to differ materially from such statements.
- Third Party Websites
This Site contains links to third party websites. These websites have not been prepared by 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
any information contained on any third party website that this Site links to.
- Hyperlinking
You may not link your website to this Site without our consent. If you wish to link to any part of this Site please
email your request to info@codescan.com. CodeScan Labs reserves the right to
prohibit links to this Site and you
agree to remove or cease any link upon request from CodeScan Labs. You may not frame any part of the material on
this Site by including advertising or other revenue generating material.
- Governing Law
This Site and these Terms of Use is governed by and the laws of New Zealand and all matters or disputes connected
with this Site or the Terms of Use will be dealt with by the New Zealand courts.
- Amendments
CodeScan Labs may at any time amend these Terms of Use with immediate effect. You should therefore periodically
visit this page to review the then current Terms Of Use by which you are bound. By continuing to use this Site
after any such amendment, you are deemed to have agreed to the amended Terms of Use.
- Privacy Policy
The Privacy Policy available on the home page of this Site governs the collection, use and disclosure of your
personal information by CodeScan Labs. The Privacy Policy forms a part of these Terms of Use.
Where you provide personal information to obtain any Product, Service or information through this Site, that
personal information must be correct, complete and up-to-date when you provide it. You agree to advise CodeScan
Labs as soon as possible if the personal information provided changes, or you become aware of any inaccuracy in
the personal information you have provided. If you are providing personal information relating to any person
other than yourself, you warrant that you are authorised to provide that information.
- Cookies
CodeScan Labs may use "cookies" to provide you with access to tailored information and services on this Site,
and to serve you better when you return to it. A cookie is a small data file that the Site sends to your browser,
which may then store it on your system for later retrieval by the Site. Cookies track your movements through different
websites; they do not record any other personal information about you. Cookies are widely used on websites to help with
navigation and to help personalise your experience when you visit a website.
CodeScan Labs may use non-personalised statistics about the use of this Site to continually improve it and improve
customer service. These statistics do not comprise personal information.
- Contact Us
If you have any questions or concerns in relation to
this Site or these Terms of Use, please
Contact Us.
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