Terms & Conditions

This website (“Site”) is owned by CodeScan Limited (referred to in these Terms of Use as “Codescan”, “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.

1. 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.

2. Intellectual Property and Content

   All Intellectual Property on this Site, including without limitation, the text, graphics and copyright works, is owned by Codescan (or Codescan’ relevant content supplier). Codescan 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. CodeScan 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 in the relevant content. While all reasonable efforts are made to include accurate and up-to-date information in the Site, Codescan has no liability or responsibility for any errors or omissions in the content of the Site.

3. 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.

4. Purchase of Products and Services

   If you purchase any Products or Services through this Site, you will pay all Fees for any Products or Services at the time your request for those Products or Services is accepted by Codescan. Codescan 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).

5. 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, 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. 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.

6. 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.

7. 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.

8. Codescan’ Responsibilities

   Codescan 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 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 through the Site will be complete, accurate or up-to-date.

   Codescan 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 will not have any liability for the interception, ‘hacking’ or other unauthorised access of information through this Site.

9. 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.

10. All Liability Excluded

    Your use of this Site is entirely at your risk. To the fullest extent permitted by law:

    • Codescan 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 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’ relevant suppliers, licensors and agents of Codescan which Codescan uses to provide this Site.

11. Indemnity

    You agree to indemnify Codescan and Codescan’ 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:

    • as a result of any inaccurate or incomplete information provided by you to Codescan;
    • 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.

12. 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 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 that could cause actual results to differ materially from such statements.

13. 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.

14. 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 reserves the right to prohibit links to this Site and you agree to remove or cease any link upon request from Codescan. You may not frame any part of the material on this Site by including advertising or other revenue generating material.

15. 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.

16. Amendments

    Codescan 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.

17. 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. 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 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.

18. Cookies

    Codescan 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 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.

    Codescan 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.