This policy governs your use of the https://ezebra.net website and/or the eZEBRA application. The website and the application are collectively referred to as "the Software". If you disagree with this policy or any part of this policy, you must not use the Software.

Unless otherwise stated, eZEBRA Limited and/or its licensors own the intellectual property rights to the Software and material managed or stored by the Software. Subject to the license below, all these intellectual property rights are reserved.

License to use the Software

You may view, download for caching purposes only, and print pages or documents from the Software for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• Republish material from the Software.
• Sell, rent or sub-license material from the Software.
• Show any material from the Software in public.
• Reproduce, duplicate, copy or otherwise exploit material on the Software for a commercial purpose.
• Edit or otherwise modify any material from the Software.
• redistribute material from the Software except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within the specified scope.

Acceptable use

You must not:

• Use the Software in any way that causes, or may cause, damage to the Software or impairment of the availability or accessibility of the Software; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• Use the Software to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Software without eZEBRA Limited's express written consent.
• Use the Software to transmit or send unsolicited commercial communications.
• Use the Software for any purposes related to marketing without eZEBRA Limited's express written consent.

Restricted access

Access to certain areas of the Software is restricted. eZEBRA Limited reserves the right to restrict access to other areas of the Software, or indeed all of the Software, at eZEBRA Limited's discretion.

If you provide eZEBRA Limited with an email address and password to enable you to access restricted areas of the Software or other content or services, you must ensure that the password is kept confidential.

eZEBRA Limited may disable your email and password at eZEBRA Limited's sole discretion without notice or explanation.

User content

In these terms and conditions, 'your user content' means material (including without limitation text, images, audio material, video material and audio-visual material) that you provide to the Software, for whatever purpose.

You grant to eZEBRA Limited a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to eZEBRA Limited the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or eZEBRA Limited or a third party (in each case under any applicable law).

You must not provide any user content to the Software that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

eZEBRA Limited reserves the right to edit or remove any material provided to the Software, or stored on eZEBRA Limited's servers, or hosted or published by the Software.

Notwithstanding eZEBRA Limited's rights under these terms and conditions in relation to user content, eZEBRA Limited does not undertake to monitor the provision of such content to, or the publication of such content by, the Software.

No warranties

The Software is provided 'as is' without any representations or warranties, express or implied. eZEBRA Limited makes no representations or warranties in relation to the Software or the information and materials provided by the Software.

Without prejudice to the generality of the foregoing paragraph, eZEBRA Limited does not warrant that:

• The Software will be constantly available, or available at all.
• The information provided by the Software is complete, true, accurate or non-misleading.

Nothing provided by the Software constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

eZEBRA Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Software:

• To the extent that the Software is provided free-of-charge, for any direct loss.
• For any indirect, special or consequential loss.
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if eZEBRA Limited has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit eZEBRA Limited's liability in respect of any:

• Death or personal injury caused by eZEBRA Limited's negligence.
• Fraud or fraudulent misrepresentation on the part of eZEBRA Limited.
• Matter which it would be illegal or unlawful for eZEBRA Limited to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using the Software, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use the Software.

Other parties

You accept that, as a limited liability entity, eZEBRA Limited has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against eZEBRA Limited's officers or employees in respect of any losses you suffer in connection with the Software.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect eZEBRA Limited's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as eZEBRA Limited.

Unenforceable provisions

If any provision of the Software disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Software disclaimer.

Indemnity

You hereby indemnify eZEBRA Limited and undertake to keep eZEBRA Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by eZEBRA Limited to a third party in settlement of a claim or dispute on the advice of eZEBRA Limited's legal advisers) incurred or suffered by eZEBRA Limited arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to eZEBRA Limited's other rights under these terms and conditions, if you breach these terms and conditions in any way, eZEBRA Limited may take such action as eZEBRA Limited deems appropriate to deal with the breach, including suspending your access to the Software, prohibiting you from accessing the Software, blocking computers using your IP address from accessing the Software, contacting your internet service provider to request that they block your access to the Software and/or bringing court proceedings against you.

Variation

eZEBRA Limited may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Software from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

eZEBRA Limited may transfer, sub-contract or otherwise deal with eZEBRA Limited's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with other terms of use published by the Software, constitute the entire agreement between you and eZEBRA Limited in relation to your use of the Software, and supersede all previous agreements in respect of your use of the Software.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with New Zealand Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New Zealand.

Registrations and authorisations

eZEBRA Limited is registered with the New Zealand Companies Office. The company number is 3083866. If you with to contact eZEBRA Limited, please do so via the contact page.

Last updated: 2022-11-16 15:38:30