Website Terms and Conditions
1. Definitions and interpretation
In these Terms and Conditions:
Forum means the expression of any recommendation, tip, opinion, announcement, report, or discussion made by bulletin board, newsletter or any other blog, forum or facility made available on the Site.
Blacksmith means Blacksmith Limited or any related company providing you with Blacksmith’s services, or hosting this Site.
Content includes all material and information displayed on the Site, including real time or other information, notices, data, text, materials, graphics, software, tools, results, names, logos and trade marks on the Site.
includes or similar terms or phrases imply no limitation.
Loss means any loss or damage, including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including negligence), contract or otherwise in connection with:
(a) the Site or the Content; or
(b) the access or use, inability to access or use, or the results of use of, the Site or the Content, any websites linked to the Site or the material on such websites, including loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use or browsing of, the Site or your downloading of Content from the Site or content from any websites linked to the Site.
Site means the Blacksmith site, which is accessed from www.blacksmith.co.nz.
Terms means these terms and conditions of access to, and use of, the Site.
you means you, the person using Blacksmith’s services or connecting to, accessing, browsing or using the Site and your has a corresponding meaning.
2. Acceptance of terms
You confirm that you:
(a) have read and understood the Terms and agree to be bound by them when using the Site;
(b) will only access and use the Site in accordance with the Terms; and
(c) will not use the Site or the Content in any manner or for any purpose which is illegal or unlawful, or which violates any right of Blacksmith or the owner of any Content.
(a) All Content is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site. All rights, title and interest in and to the Content are owned by Blacksmith or Blacksmith’s licensor(s). If the owner of any material published on the Site is not Blacksmith, your rights in respect of that material will be as defined by the copyright owner of the material concerned.
(b) Blacksmith grants you a non-exclusive licence to view and print Content and make copies of the Content provided that any copies of Content that you make must retain all applicable copyright and other notices on the Site. Except as provided above, you may not copy, store (either in hard copy or in an electronic retrieval system), use, modify, transmit, publish, reproduce, post, distribute, sell, license, or otherwise transfer any Content to a third party.
(a) You acknowledge that the Content may not be accurate or complete. Blacksmith will use reasonable endeavours, but shall not be liable, to rectify any material error in any of the Content as soon as reasonably practicable after being notified of such. You are solely responsible for any actions you take in reliance on the Content. If you want to rely on any Content, you should contact Blacksmith first.
(b) Blacksmith and its directors, shareholders, officers, agents, employees or contractors, to the maximum extent permitted by law:
(i) exclude all representations, warranties, conditions and other terms (including any conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to the Site and the Content (including any Forum); and
(ii) do not warrant that any of the functions contained in the Site or your access to the Site will be uninterrupted or error-free, and Blacksmith will have no liability arising from your access to, or use of, the Site or the Content.
(c) Blacksmith may revise these Terms at any time without prior notice to you. It is your responsibility to ensure you review and understand the Terms applicable to the use of the Site every time you access the Site. If you do not wish to accept any new terms and conditions, you should not continue to use the Site
5. Liability and indemnity
(a) Blacksmith, its officers, directors, employees, shareholders, contractors and agents of any of them (whether or not involved in creating, producing, maintaining or delivering the Site), exclude all liability and responsibility for any Loss that may result to you or any third party.
(b) Nothing in these Terms shall exclude or limit Blacksmith’s liability to you for fraud by Blacksmith or any person for whom Blacksmith is legally responsible, or any liability which cannot be lawfully excluded or limited.
(c) You agree to indemnify Blacksmith fully, defend and hold Blacksmith, its officers, directors, employees, shareholders and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, or your access to, or use of, the Site or the Content, or the access to, or use of, the Site or the Content by any other person for whom you are legally responsible.
From time to time the Site may contain Forums. Any view expressed on a Forum is not necessarily the view of Blacksmith. Without limiting anything in these Terms, nothing contained in any Forum shall be construed as the provision of advice to you or any other person and information contained in them should not be relied on. If you require advice, you should contact Blacksmith. Blacksmith is not responsible for and does not endorse the content of any message posted on a Forum. Blacksmith reserves the right to delete, move or edit any message posted on a Forum at its sole discretion, without giving notice to you or any other person.
(a) The Site may from time to time contain links to third party web sites (Other Websites). Other Websites may not be under the control of Blacksmith and Blacksmith takes no responsibility for the content of the Other Websites. The inclusion on the Site of a link to any Other Website does not imply any endorsement by Blacksmith of that Other Website.
(b) Blacksmith prohibits caching, unauthorised hypertext links (including deep linking) to the Site and the framing of any content without Blacksmith’s prior written consent. Blacksmith reserves the right to disable any unauthorised frames or links to or from the Site.
(a) A cookie is a small text file which Blacksmith may put on your computer’s hard disk in order to recognise your computer at a later time. A cookie cannot read your hard drive or perform any commands on your computer and does not contain your name, address, telephone number, or email address. You may configure your web browser to not accept cookies, however you may experience a loss of functionality as a result.
(b) Amongst other things, Blacksmith may use the information collected by cookies to track Site usage patterns or display content that is more relevant to you based on information Blacksmith may collect when you visit the Site.
9. Viruses, etc.
In accessing or using the Site, you warrant to Blacksmith that your access to, or use of, the Site or Content will not introduce anything, including any virus, trojan horse or computer programming code, which would have the effect of disrupting, impairing, disabling or otherwise adversely affecting or shutting down the Site, or denying access to any other user of the Site or Content.
10. Breach of terms
(a) Blacksmith may, without prior notice to you, block your access to the Site, including if:
(i) you or any person gaining access to the Site through you breaches any of these Terms (or Blacksmith reasonably believes that to be the case); or
(ii) Blacksmith otherwise determines that you are accessing or using the Site or any Content in an inappropriate or unacceptable manner.
(b) Blacksmith may pursue all other remedies available at law for breach of the Terms.
(c) If you become aware of any breach of these Terms, or any misuse of the Site or the Content by any person you must contact and notify Blacksmith immediately in writing.
11. Governing law
By accessing the Site, you and Blacksmith agree that all matters relating to your access to, or use of, the Site shall be governed by, construed and enforced in accordance with the laws of New Zealand. Any dispute arising from or in connection with these Terms is subject to the exclusive jurisdiction of the courts of New Zealand.
In this policy:
Blacksmith, our or we means Blacksmith Limited or any related company providing you with our services, or hosting this website
services means all goods or services we provide and anything else we do for you, including providing you with access to our website
you means you, the person using our services, or visiting our website and your has a corresponding meaning
2. Other policies
When you visit our website, we may collect and store the following information about your visit:
(a) the IP address of your machine and the domain name you access the internet from
(b) the operating system and the browser your computer uses, and any search engine you use
(c) the date and time you are visiting
(d) the URLs of the pages you visit
(e) if you provide it, your email address.
We may use this information for a variety of reasons, including to measure the number of visitors to different parts of the site and the effectiveness of advertising. We do not disclose information about individual visitors or sell information which identifies you personally. We may disclose information to relevant law enforcement authorities if we suspect you are using this site for unlawful activity..
If you choose to provide us with personal information such as your email address, we will use that information only for the purposes for which you provided it (as reasonably determined by us). We will only send you email if you have given your consent.
4. How to unsubscribe (opt-out) from email marketing
If you receive an unwanted email message from Blacksmith, you can:
(a) follow the unsubscribe instructions in the email; or
(b) contact us and ask to be unsubscribed.
5. Changing this policy
We may change this policy at any time by changing or removing any or all of its terms. We will notify any changes by posting an updated policy on our website. Any change we make applies from the date we post it on the website. It is your responsibility to check this policy for changes each time you visit this site.