1. ACCEPTANCE OF TERMS
For the purposes of these Terms and Conditions ("TCU"), SimpleAs NZ Ltd will hereinafter be referred to as "SimpleAs". Please read these terms and conditions carefully. A reference to this "website" is to simpleas.com including but not limited to the information, text, images, links, sound, graphics and video sequences displayed herein (the "Materials").
By accessing this website and any pages thereof, you shall be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site or any pages thereof and do not create a website with SimpleAs.
At any time and without prior notice, SimpleAs shall have the right, in its sole discretion, to modify, add or remove terms of the TCU, and all such changes shall take effect immediately. Users should review the TCU periodically as subsequent use shall constitute acceptance of any such changes. The user is responsible for providing all software and equipment needed to access simpleas.com.
2. DESCRIPTION OF SERVICE.
simpleas.com provides users with access to a rich collection of information resources, focusing on Internet business and technology information. You understand and accept that SimpleAs may include advertisements and that these advertisements enable us to defray some of the costs of maintaining simpleas.com. SimpleAs bears no liability for the delay, deletion, mis-delivery or failure to store any user communications.
3. LINKS TO THIRD PARTY SITES.
simpleas.com contains links to third party web sites. Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by SimpleAs . SimpleAs is providing these links to you only as a convenience. SimpleAs is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. Each individual vendor or advertiser shall bear the sole responsibility of its own product and service information. If you decide to access linked third party Web sites, you do so at your own risk.
4. USER PROVIDED CONTENT.
Portions of the services at simpleas.com will contain user provided content, to which you may contribute appropriate content. For this content, SimpleAs a distributor only. By submitting content to simpleas.com, you grant SimpleAs license to use, host, distribute and allow hosting and distribution on co-branded services of the content. You should submit only content which belongs to you and will not violate the property or other rights of any persons or organizations. SimpleAs recognizes the copyright and other intellectual property rights of others. SimpleAs reserves the right to remove any user provided content which comes to its attention and which it believes, in its sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates this Agreement. SimpleAs reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on the simpleas.com, or the availability thereof.
5. DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through simpleas.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that SimpleAs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on simpleas.com.
6. RESTRICTIONS ON USE OF MATERIALS.
SimpleAs owns all rights in simpleas.com and all components thereof including without limitation, all texts, information, materials, the structure, sequence and organisation of the pages and screens. The simpleas.com name and logo owned by SimpleAs may not be used in any commercial manner without the prior written consent of SimpleAs. No part of simpleas.com may be copied, reproduced, republished, uploaded, posted, transmitted, distributed in any form or manner or by any means, electrical, electronic, mechanical, photocopying, recording or otherwise or stored in any retrieval system of any nature without the prior written permission of SimpleAs. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of simpleas.com, use of simpleas.com, or access to simpleas.com.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH simpleas.com MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO of simpleas.com AND TO THE INFORMATION THEREIN. SimpleAs AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN of simpleas.com AT ANY TIME. ADVICE RECEIVED VIA simpleas.com SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ALL CONTENT OF THE SimpleAs SITE, INCLUDING ALL SimpleAs MEMBER'S WEBSITES, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SimpleAs DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN simpleas.com , OR THE RESULTS OBTAINED FROM ACCESSING AND USING simpleas.com AND/OR THE CONTENT CONTAINED HEREIN. YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT SimpleAs SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH simpleas.com . YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT SimpleAs IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT SimpleAs IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN simpleas.com BY ANY THIRD PARTY.
8. EXCLUSION OF LIABILITY.
SimpleAs SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES TO ANY PARTY UNDER ANY CIRCUMSTANCES EXCEPT AS TO DAMAGES PROVED AND WILFUL AND DELIBERATE CAUSED BY SimpleAs EMPLOYEES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, simpleas.com . THROUGH YOUR USE OF simpleas.com , YOU SPECIFICALLY ACKNOWLEDGE AND ACCEPT THAT SimpleAs IS NOT LIABLE FOR ANY CONDUCT OF ANY USER OF simpleas.com. THROUGH YOUR USE OF simpleas.com YOU AGREE TO INDEMNIFY SimpleAs AND ANY AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING ATTORNEYS' FEES ON A SOLICITOR CLIENT BASIS) AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM YOUR USE OF of simpleas.com INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY YOU OF THE TCU.
9. SPECIAL ADMONITIONS
FOR LOCAL AND INTERNATIONAL USE.
Recognizing the global nature of the Internet, you shall comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the New Zealand or the country in which you reside.
You agree that SimpleAs, in its sole discretion, may terminate your use of the simpleas.com website, and remove and discard any Content within the simpleas.com website, for any reason, including, without limitation, if SimpleAs believes that you have violated this Agreement.
SimpleAs reserves the right, in its sole discretion, to terminate your access to any or all services at simpleas.com and the related services or any portion thereof at any time, without notice. Further, you agree that SimpleAs shall not be liable to you or any third-party for any termination of your access to simpleas.com.
Your obligations under the TCU shall continue for as long as you access or use of simpleas.com or use or maintain any of the content (including software) of simpleas.com or copies thereof. You may terminate your obligations at any time by discontinuing your use of simpleas.com and by destroying all content obtained from it and all copies thereof.
12. GOVERNING LAW
This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand. Users of simpleas.com or any of its pages are responsible for compliance with all local laws and regulations.