TERMS AND CONDITIONS

Website Usage Terms and Conditions

Copyright © 2010 Convergence Limited (Convergence), Auckland, New Zealand
All rights reserved.By using this website, you agree to be bound by these Terms and Conditions. Convergence reserves the right to change the Terms and Conditions at any time, for any reason.

Authorised Use

Convergence grants you a non-transferable, non-exclusive license to use the website and the content of any emails you receive from Convergence in accordance with these Terms and Conditions. The content and information contained in the website and emails is protected by copyright and other rights belonging to Convergence. You may not copy, reproduce, modify, or create derivative works from any information provided in connection with the website or emails you receive from Convergence, except in accordance with these Terms and Conditions. You may not use the website or the content of any emails to compete with Convergence or in any manner objectionable to Convergence or detrimental to Convergence (this includes “spamming”; use contrary to established “netiquette”; use in breach of anyone’s rights; use for any illegal purpose; accessing, posting, transmitting, downloading or communicating any objectionable, unlawful, threatening, defamatory, slanderous, scandalous, offensive, obscene, inflammatory, pornographic, profane, false or dangerous material; or use for hacking or otherwise compromising any linked computer system).

Privacy

Convergence’s policy is to respect at all times the privacy of information in accordance with the Privacy Act 1993. Convergence’s Privacy Policy can be viewed here.

Legal Disclaimer

The information contained in this website is for general guidance on matters of interest only or for the promotion of products and services provided by Convergence. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this website or in emails you receive from Convergence. Convergence’s website or emails you receive from Convergence or information provided at a Convergence event or seminar may include omissions or typographical errors. Convergence does not represent or warrant that the website will be uninterrupted or error-free, that defects will be corrected, or that the website or any downloads that it makes available, will be free of viruses or other harmful components. Convergence does not warrant or represent that the use of the website or the information provided as part of the website will be correct, accurate, timely, or otherwise reliable.

NEITHER CONVERGENCE NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE WEBSITE FOR ANY PURPOSE. CONVERGENCE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CONVERGENCE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE(S), WITH THE DELAY OR INABILITY TO USE THE WEB SITE(S), OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR INFORMATION PROVIDED IN AN EMAIL RECEIVED FROM CONVERGENCE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONVERGENCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NO LONGER USE THE CONVERGENCE RESOURCE AND TERMINATE YOUR E-NEWSLETTER SUBSCRIPTION IF YOU HAVE SUBSCRIBED.

Certain links in this website may connect to other websites maintained by third parties over whom Convergence has no control. Convergence makes no representations as to the accuracy or any other aspect of information contained in other Web Sites.

Indemnification

You agree to indemnify and hold Convergence, its partners, subsidiaries, agents, affiliates, officers and employees, harmless from any claim, demand, liability or damage (including reasonable attorneys’ fees), asserted by any third party due to or arising out of your use or conduct.

Termination

Convergence may terminate your email subscription and prevent your access to any part or all of the website and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Upon termination, your rights to use the website and information provided therein or within any emails received from Convergence immediately ceases. If you wish to terminate your email newsletter subscription, please click here.

Copyright

Copyright in the documents, materials and software (“Contents”) on the Convergence web servers is owned by Convergence, unless otherwise indicated. Convergence hereby authorizes you to copy documents published by Convergence on Convergence’s website for non-commercial use within your organization only. In consideration of this authorisation, you agree that any copy of these documents which you make shall retain all copyright and other proprietary notices contained herein.

Note that any product, process or technology described in the content of the Convergence website may be the subject of another party’s intellectual property rights and are not licensed hereunder.

All trademarks appearing on this site are trademarks or registered trademarks of their respective owners.

Governing Law and Jurisdiction

These Terms and Conditions are to be governed and construed in all respects in accordance with the law of New Zealand, and will be subject to the exclusive jurisdiction of the High Court of New Zealand.

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