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The following terms and conditions apply to your use of the registered
users only section of Information Logistics Company Limited's ("ILC")
website (the Site) including the use of the Infolog System
and/or requesting ILC to carry out a search. By completing the
registration process and/or accessing the "registered users
only" section of the Site, you are stating that you are eligible for
registration and that you agree to be bound by all of the following terms
and conditions without qualification. If you do not agree to be bound by
these terms and conditions, you must stop using and accessing the Site.
- You confirm that the data you provide to ILC on registering as a
registered user, or subsequent to registration, is at the time you
provided it: (i) current, complete and accurate, and you agree to
maintain and update the data as required to keep it so; and (ii) not
defamatory, misleading or deceptive, or likely to mislead or deceive.
- You must ensure that your password is kept secure and confidential
and not revealed to any other person (except to your employees in the
course of their employment). You are entirely responsible for all
activities that occur through the use of your password. You must
notify ILC immediately at admin@infolog.co.nz
of any unauthorised use of your password or any other breach of
security. On receipt of your notification, ILC will cease processing
transactions that use that password.
- You release ILC from all claims arising from any reasonable reliance
by ILC on any use of your password, including ILC disclosing
information relating to your registration and/or affairs with ILC.
- The information contained on the Site including any information upon
which the search is carried out, has been collated from various
selected sources and is not complete and may contain inaccuracies. Use
of this information is at your own risk and ILC is not responsible for
any adverse consequences arising out of such use. The information has
not been prepared by taking into account the particular objectives,
situation or needs of any individual users. ILC reserves the right to
change the information on the Site at any time.
- You acknowledge that any information provided to you through the use
of the Infolog System and/or requesting ILC to carry out a
search may be made available to other users of the Site, including any
non-identifying information that indicates a previous search has been
made.
- ILC does not give any warranty of accuracy, reliability or fitness
for any purpose of the information contained on the Site to you or any
other person. To the fullest extent permitted by law, ILC excludes all
responsibility and liability whether in contract or tort, including
negligence or otherwise, for any loss or damage however caused
(including direct, indirect consequential, special or loss of profits)
in relation to: (i) the Site; (ii) any search carried out by you;
(iii) the conduct of any search requested by you; (iv) the
completeness or accuracy of the information provided to you; and (v)
any other matter whatsoever.
- You warrant that the use of personal information by you to carry out
a search or any disclosure of personal information by you to ILC, and
the subsequent use of that information by ILC for the purposes of the
search requested by you will not be in breach of the Privacy Act 1993.
- You acknowledge the confidential and proprietary nature of the
information provided to registered users of the Site. You accordingly
undertake: (i) to use the information only for the purposes for which
it is intended; (ii) to keep the availability of the services provided
by ILC confidential; and (iii) to keep the source of any information
provided to you by ILC confidential (except to the extent that you
have sought this information on behalf of someone else as part of your
normal business activities). This obligation of confidentiality will
continue indefinitely.
- You indemnify ILC (and its employees, agents and representatives)
against all claims, costs, damages, expenses (including reasonable
barristers and/or solicitors fees, and all and any actual court costs
and associated fees and expenses and all disbursements), losses,
liabilities or proceedings arising directly or indirectly in
connection with your use of the Site or services, or the provision of
services to you by ILC and the provision of information either to ILC
or by ILC to you.
- You agree to pay: (i) all charges, as shall be prescribed from time
to time by ILC or as otherwise agreed between the parties, owing to
ILC on or before the 20th of the month following the month in which
the charges were incurred; (ii) penalty interest at the rate of 2% per
month on any outstanding charges (charged from the due date to the
date of actual payment); and (iii) ILC's costs incurred in recovering
any outstanding charges including legal costs on a solicitor/client
basis.
- The contents of the Site are the copyright of ILC or suppliers to
it. No part of the Site may be distributed or copied for any
commercial purpose and you are not permitted to incorporate the
material or any part of it in any form whatsoever, including compiling
the results of a search in a database, without the prior written
consent of ILC. You will not distribute, reproduce or copy in any form
whatsoever, without the prior written consent of ILC, the information
obtained by you or provided to you from the Site (except that nothing
shall prevent you from retaining a printout of any extract or report
you may have obtained from ILC or the Site for your own internal use).
- You will not assign your rights, interests or obligations under this
Agreement to any person without first obtaining the written consent of
ILC.
- This agreement may be terminated by ILC for any reason (including
without limitation, a failure by you to comply with any of the Site's
terms and conditions). Once terminated, you will not access the Site
in any manner or for any reason without ILC's prior written consent.
- Notwithstanding the termination of this Agreement you shall remain
liable to pay all outstanding charges owing to ILC which have been
incurred by you prior to the termination in addition to any penalty
interest and collection costs including legal costs on a
solicitor/client basis.
- For the purposes of this Agreement ILC is an independent contractor
and nothing in this Agreement shall be or shall be deemed to
constitute an agency, partnership, joint venture, employment or other
relationship between you and ILC.
- This Agreement shall be governed by and interpreted in accordance
with the laws of New Zealand.
- ILC reserves the right to change these terms and conditions at any
time. By continuing to access the Site, you agree to be bound by the
changes.
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