1. INFORMATION ABOUT US.
1.1 The websites www.fabrumsolutions.com, www.af-cryo.com and www.fabru.co.nz and www.fabrum.co.nz (Our Website”) are sites operated by Fabrum Solutions Limited (“We” or “Us”). We are a limited liability company registered in New Zealand under company number 1504375 and
1.2 We are located in New Zealand.
2. APPLICABLE TERMS AND CONDITIONS.
2.1 These General Terms refer to the following additional terms and policies, which together are referred to as our “Terms and Conditions” and apply at all times to your use of our Website and any related dealings between us, regardless whether you access our site as a guest or registered user:
A. Our Website which sets out the terms on which we collect and process any personal data we collect from you, or that you provide to us;
2.2 Please read our Terms and Conditions carefully before you start to use our Website, as these will apply to your use of our Website and any arrangement we enter into with you for any goods or services (regardless of any other terms contained in any offer made by you, except to the extent we have expressly confirmed in writing our acceptance of those other terms). We recommend that you print a copy of all relevant documents for future reference.
2.3 Note that before you are able to access certain parts of our Website, or undertake some specific activities through our Website, you may be required to expressly confirm your acceptance of particular parts of our Terms and Conditions. Notwithstanding any such express requirements for confirmation, by using our Website, you are deemed to have accepted our Terms and Conditions, and are bound by them, from the time you first start using our Website. If you do not agree to our Terms and Conditions, you may not use our Website.
3. CHANGES TO OUR WEBSITE.
3.1 We aim to update our Website regularly, and may update, change or remove the content and functionality at any time without prior notice. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
3.2 We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.
4. ACCESSING OUR WEBSITE.
4.1 The Content displayed on our Website is provided “as is”, without any guarantees, conditions or warranties as to its accuracy, availability, reliability, timeliness, or completeness.
4.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
4.3 You are responsible for making all arrangements necessary for you to have access to our Website.
5. YOUR ACCOUNT AND PASSWORD.
5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as highly confidential and take all reasonable steps to keep that information secure and protected against unauthorised access. If given a choice of passwords, you must not choose any obvious password likely to be easily guessed or determined. You must not disclose passwords, user identification codes or other security information to any third party. When choosing a password please do not choose the same password that you use on any other website or application.
5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and without notice, if in our reasonable opinion you have failed to comply with any of the provisions of our Terms and Conditions.
5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must immediately notify us at contact@fabrum.nz.
5.4 You may not transfer your account (or any feedback) to any other party without our prior consent.
5.5 We may cancel unconfirmed accounts or accounts which have in our opinion been inactive for a long time.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE.
7.1 We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
8. INTELLECTUAL PROPERTY RIGHTS.
8.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, or for your evaluation or purchase of our services, but not for other commercial use or general distribution.
8.3 You must not modify or manipulate the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged in relation to such content.
8.5 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us.
9. PROHIBITED USES.
9.1 You may use our Website only for lawful purposes, and must not do, or attempt to do, any of the following:
A. Use our Website:
1. If you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Website;
2. in any way that breaches any applicable local, national or international law or regulation, or which is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. for the purpose of harming or attempting to harm minors, or any third parties, in any way;
4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (see clause 11.1 below);
5. to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or to knowingly transmit, send or upload any data or material that contains viruses, Trojan horses, spyware, adware or any other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware.
B. Use automated or other means to create multiple accounts or to access search or use our Website or any related services other than by way of our official interface and/or APIs;
C. Harvest or otherwise collect information about users of our Website without both their consent and our consent;
D. Interfere with or disrupt any other user’s access or use of our Website or services;
E. Breach or otherwise circumvent any security or authentication measures, systems, policies or any termination of your account;
F. Probe, scan or test the vulnerability of any system of network;
G. Reproduce, duplicate, copy, reverse engineer, re-sell or commercialise any part of our Website, or prepare derivative works from contents on our Website (whether belonging to us or any other party), except where you have our prior written permission;
H. Access without authority, interfere with, damage or disrupt:
1. any part of our Website;
2. any equipment or network on which our Website is stored;
3. any software or hardware used in the provision of our Website; or
4. any equipment or network or software owned or used by any third party.
9.2 to use our Website will also cease immediately.
10. LINKING TO OUR WEBSITE.
10.1 You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation, take advantage of it or look to profit from it in a manner not expressly approved by us.
10.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.3 You must not establish a link to our Website in any website that is not owned by you.
10.4 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
10.5 We reserve the right to immediately withdraw any linking permission at any time without prior notice to you.
10.6 The website(s) you are linking to our Website must comply in all respects our Content Standards.
10.7 If you wish to create any links to our Website other than expressly authorised above, please contact us at contact@fabrum.nz
11. TRADE MARKS.
11.1 The Fabrum logo, and all other trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on our Website, registered or not, are owned or controlled by Fabrum Solution Limited (or where applicable, other third parties who have licensed use of those Marks to us).
11.2 Nothing on our Website or in our Terms and Conditions grants you any right or license to use any of the Marks without the express written permission of both us and any applicable third party owners of the Marks. Unauthorized use may violate trademark, copyright, and other laws and regulations.
12. VIRUSES, HACKING AND OTHER OFFENCES.
12.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to circumvent the security systems of the Site, or gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via denial-of-service attack or distributed denial-of service attack, or engage in any other activity that interferes with a user’s access to or the proper operation of the Site.
12.2 You must not engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing or abusive or that violate any right of any third party. You must not impersonate any person or entity in using this Site.
12.3 By breaching the provisions of this section, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
13. ENTIRE AGREEMENT / NO REPRESENTATIONS.
13.1 You acknowledge that in entering into any dealings with us, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in our Terms and Conditions or a written contract entered into in accordance with our Terms and Conditions.
13.2 Our Terms and Conditions, and any written contract entered into in accordance with our Terms and Conditions, constitute the entire agreement between you and us and supersedes and extinguishes any and all other or previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
14. RIGHTS OF THIRD PARTIES.
14.1 No other person will have any rights to enforce any contracts between you and ourselves.
15. SEVERANCE.
15.1 Each of the clauses in any of our Terms and Conditions documents operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, each relevant clause will be deemed to have been amended on that occasion to the extent necessary for it to comply with any applicable laws and regulations while still preserving to the extent possible the intent evidenced by the original drafting of the relevant clause, and to extent it cannot be so modified, that clause will be severed from the relevant document but the remaining clauses of that document will remain in full force and effect.
16. WAIVER.
16.1 If we fail to insist that you perform any of your obligations under our Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17. ASSIGNMENT.
17.1 Subject to the obligations expressed in our Privacy Policy, we may transfer our rights and obligations to another party at any time. We will use all reasonable efforts to notify you in writing or by posting on our Website if this happens.
17.2 You may only transfer your rights or your obligations to another person if we agree in writing to that transfer.
18. CONFIDENTIALITY.
18.1 You acknowledge that any details of our business, processes, methodologies, systems and business arrangements of any kind (“Confidential Information”) which you come into knowledge of from time to time are likely to be commercially sensitive information and undertake that you will treat that information as our confidential property, and will not at any time, and either directly or indirectly, disclose, divulge or make unauthorized use of any Confidential Information, except to the extent to which such Confidential Information:
A. Is publicly known at the time of its disclosure or being lawfully made available to them;
B. After such disclosure or information being made available to you, becomes publicly known otherwise than through a breach of this undertaking;
C. Is required by law, regulation or order of a competent authority (including any regulatory or governmental body or securities exchange) to be disclosed by you, provided that we are given reasonable advance notice of the intended disclosure.
19. COMMUNICATIONS BETWEEN US.
19.1 When we refer, in our Terms and Conditions, to “in writing”, this will include e-mail.
19.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and will be delivered personally, sent by pre-paid first class post or e-mail.
19.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the correct email address provided by the intended recipient, and a confirmation of delivery to that address (whether automated or personally generated) is received by the sender.
19.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. APPLICABLE LAW.
20.1 You and we both agree that our Terms and Conditions are governed by the laws of New Zealand, without regard to any conflict of laws provisions.
20.2 You and we both submit to the exclusive jurisdiction of the courts of New Zealand to resolve any legal matter arising from our Terms and Conditions, their subject matter, and any related disputes or claims, but agree that either party will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction as may reasonably be considered necessary in the circumstances.
21. CONTACT US.
21.1 To contact us, please email contact@fabrum.nz.
