1.0            Terms of Use and Content

1.1             The content included on this web site, including all the text, graphics, photographs, logos, icons, buttons and images ("Content"), is the property of The Davy Group Limited , t/a The Davy Group, Data Enabled Business Integration Limited, t/a Data Enabled Business Integration or DEBI (collectively “the Company”) or its suppliers and is protected by New Zealand and international copyright and trademark laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Content available on this web site is the exclusive property of the Company and protected by New Zealand and international copyright laws.

1.2             All Content on this web site may only be used by you for information gathering. You may make copies of selected portions of the Content, provided that such copies are made only for research purposes, no individual or private information is shared and only if you maintain any proprietary notices contained in such Content. Any other use of the Content, including but not limited to, the reproduction, modification, distribution, transmission, republication or display for any other purposes is strictly prohibited.

2.0            Intellectual Property

2.1             The trade names Davy Group; Data Enabled Business Integration; and DEBI, and other graphics, logos, and service names used on this web site are the property of the Company. The Company asserts its moral right in its copyright and its trade names may not be used in connection with any third-party products or services or in any manner that disparages or discredits the Company. All other brands and names (including third-party product names) are the property of their respective owners.

 

3.0            Access to and Use of Content

 

3.1             You agree not to access or use the Content in any manner that could damage, disable, overburden, or impair any of the Company’s accounts, programs, computer systems or networks. You agree not to attempt to gain unauthorised access to any parts of the Content, any other User’s account or any Company accounts, programs, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of this web site. You agree not to use any robot, spider, scraper or other automated means to access the Content, other User’s account or any Company accounts, programs computer systems or networks without express written permission from the Company.

 

3.2             It is prohibited to link directly to individual resources on our servers without prior written consent. Framing of any Content available through the Site without the Company’s prior written consent is also prohibited. The Company reserves the right to disable any unauthorised links or frames, suspend any associated account and disclaims any responsibility for the content available on any other web site reached by links to or from this web site.

 

3.3             Access to and use of password protected or secure areas of the Content is restricted to authorised users only. You agree not to share your password(s), account information, or access to the Content. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to Content. You agree to notify the Company immediately of any unauthorised use of your password(s) or account(s).

 

3.4             These Terms do not grant you a licence under any patent, trademark or copyright of the Company or any third party.

4.0            User Warranties

4.1             You warrant that:

4.1.1        You are legally entitled to any data inputted to the website/portal;

4.1.2        You have obtained all necessary permissions to obtain any data inputted through the website/portal;

4.1.3        Information is supplied correctly via the website/portal and is not misleading.

4.2             You agree to indemnify the Company against any claim, liability, loss (including consequential loss and loss of profit), damage or expense (including actual lawyer’s fees on a solicitor own client basis) made against, or suffered, or incurred, by the Company and arising from or out of any breach by you of clause 3 or the warranties claimed in this clause.

 

5.0            Disclaimer of Warranties

 

5.1             All Content provided on or through this web site, is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to all Content provided on or through this web site.

 

5.2             The Company makes no warranties that:

 

5.2.1        the Content will meet your requirements;

 

5.2.2        this web site will be available on an uninterrupted error-free basis;

 

5.2.3        the quality of any purchases or transactions made through this web site will meet your expectations.

 

5.3             Although we will strive to maintain the accuracy and usefulness of this web site and update it regularly, you should be aware of the following constraints affecting the information we provide:

 

5.3.1        The Content includes content provided by third parties and users. Our data, analytics and articles are drawn from third party publications and quotes.  If they publish the wrong data or quote inaccurately, then our articles could also be wrong.  To combat this, we endeavour to update our data regularly and invite publishers to correct any incorrect data. The Company makes no warranty as to the completeness, accuracy, currency, or reliability of information published on this web site.

 

5.3.2        Our articles are not comprehensive or contain all scientific information that may be relevant. Content provided in this web site is only general information and data analysis and is only intended to facilitate communication between you and your client(s). We provide no warranty or guarantee for any information provided by our website or by any other form of communication. Content is not intended for diagnosis and is not a substitute for an individual property test or analysis.

 

5.3.3        Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties (including merchants and licensors) are those of the respective authors or distributors of such content and not of the Company. 

 

5.4             You acknowledge, by your use of this web site, that your use of this web site is at your sole risk, that you assume full responsibility for all risk associated with any of your use of this web site, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this web site.

 

6.0            Limitation of Liability

 

6.1             We shall not be liable – whether in contract, tort or otherwise – for any consequential, indirect or special damage or loss of any kind whatsoever suffered by you in connection with you using or relying upon this web site or its content.

 

7.0            Termination of Use

 

7.1             The Company may, in its sole discretion, at any time discontinue providing or limit access to the Content provided on or through this web site. You agree that the Company may, in its sole discretion, at any time, terminate or limit your access to or use of any Content. You agree that the Company shall not be liable to you or any third-party for any termination or limitation of your access to or use of any Content.

 

8.0            Confidentiality

 

8.1             The Company agrees to keep confidential all specific information relating to you or any customer of yours including commercial, technical or other information of whatever nature which is at any time made available to the Company. Data shall only be used for analysis and/or training purposes and shall be made available to other users in such a way that shall not personally identify you or your clients.

 

8.2             The Company’s privacy policy is set out here.

 

9.0            Content Ownership

 

9.1             You own all of the content and information you add to your account. In addition:

 

9.1.1        For content that is covered by intellectual property rights, such as but not limited to documents, photos and videos (IP Content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you upload, add or include on your account. This grant ends when you delete your IP content or close your account with us.

 

9.1.2        When you delete IP Content, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

 

9.2             We appreciate hearing from our customers. By submitting your ideas, inventions, suggestions or other materials (your "submission") you grant us a perpetual, royalty-free, license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display your submission (in whole or in part) worldwide and to incorporate your submission in other works in any form, media, or technology now known or later developed without any notice or compensation to you.

 

10.0         Changes to Content

 

10.1         We reserve the right to make changes to our web site and the policies and conditions that govern the use of our web site at any time. We encourage you to review the web site and these terms regularly for any updates or changes. Your continued access or use of our web site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

 

11.0         Prices

 

11.1         The Company charges on a per user basis with a package pricing base. We reserve the right to cancel any subscription in part or whole at any time.

 

11.2         Paying subscribers to the Company will be charged monthly automatically via a secure credit card payment system. The name that will appear on your statement will be Data Enabled Business Integration Limited. The monthly payments will be based on the usage of the previous month as per the billing plan. It is the cardholder’s responsibility to cancel the service.

 

11.3         Terms of Payment are the sole discretion of the Company unless otherwise agreed to in writing by the Company.

 

11.4         If we agree to an invoice payment basis (subject to credit criteria), payment must be made within 14 days of the invoice date. Invoice amounts are due and payable within the period noted on the invoice. If payment is not made within the payment period, the Company has the right to suspend service until full payment on all outstanding invoices has been made.

 

11.5         The Company is not responsible for pricing, typographical or other errors in any offer by the Company and we reserve the unilateral right to cancel any orders resulting from such errors.

 

11.6         The Company is a New Zealand business. Advertised prices are in New Zealand dollars excluding GST and all transactions will be billed in New Zealand dollars unless otherwise stated.

 

12.0         Payment Processing

 

12.1         The Company uses Stripe as its third party service provider for Payment Processing Services. By buying or processing your invoices via or on this web site you hereby consent and authorize the Company and Stripe to share any information and payments instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s).