Terms of Use

last updated | November 2021

Welcome

Welcome to our Website.  If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, including the terms of our Privacy Policy.

Please Note:   If there is any part of our Terms of Use with which you do not agree with, your only recourse is leave  our website immediately.   

Terms

The term 'McCorkindale Business Solutions Limited’ (referred to as ‘mbsl’), or ‘us’, or ‘we’, or ‘our’ refers to the owner of the Website.     The term ‘you’ refers to the user, viewer, visitor  and authorised customer.

• Our registered office is: C/- RSM New Zealand (Auckland North), 17c Corinthian Drive, Albany, Auckland, 0632,, New Zealand. 
• Our New Zealand Company Registration number is 606120.

We may amend the Terms of Use at any time without notice.   Any amendments are effective as soon as they are posted. It is recommended that you check and read

our Terms of Use regularly.    By continuing to use this site after any such amendment, you are deemed to have agreed to the amended Terms of Use.     

Your use of our website

As a condition of use of the website you agree:

• Not to disrupt activity online;
• To ensure that the website is not used for any illegal activity or which may expose us to potential litigation including (but not limited to) copyright and trade mark infringement,  the publication of obscene or defamatory information or material, the publication of material that infringes the rights of third parties or the publication of information  or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;
• Not to use anybody else's computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
• Not to post or use any software or device which may facilitate a continued connection or degrades or impede the service of another user, such as pinging, mail bombs or war dialing;
• Not to run network scanning software or use open relay to distribute messages; and 
• Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, mbsl's or anyone else's computer system or communication services.

Where you wish to request further information on the products or services or our website, you must do so in accordance with the instructions on the website.   

We have the absolute discretion to decline your request for further information on the products or services for any reason whatsoever without reference to you.

We may require the provision of additional information or verifications before providing you with the further information.

Where you proceed to acquire products or services from us, the terms and conditions relating to your acquisition and use of our products or services are those specifically set out in the terms and conditions or agreements we supply to you in connection with the products or services offered by us ("Supply Terms").  Where there is any inconsistency or conflict between these Terms of Use and the Supply Terms, the Supply Terms will prevail.

Website disclaimer

The information contained in this website is for general information purposes only. The information is provided by mbsl and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, included but not limited to the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.    Any reliance you place on such information is therefore strictly at your own risk.

Neither we nor any third-parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and material found or offered on this website for any particular purpose.  You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

 It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. 

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

mbsl takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.       

Copyright notice

Trademarks

The trademarks displayed on the website are trademarks of mbsl, its affiliates or of their respective owners. Nothing contained on the website should be construed as granting any licence or right of use of any trademark displayed on the site without the express written permission of mbsl or the relevant mbsl affiliate or third-party owner.

All trademarks reproduced in this website which are not the property of, or licensed to the operator are acknowledged on the website.     

User licence  

By placing any information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), to the extent that such information or material is not personal information (in which case such information will be governed by the terms of our Privacy Policy) you grant to mbsl a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

• use, copy, sublicense, redistribute, adapt, transmit, publish or broadcast, publicly perform or display, and
• sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.  You expressly waive in favor of mbsl and any other party authorised by mbsl all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material.   At the request and expense of mbsl, you will execute and deliver to mbsl such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Indemnification

mbsl relies on your continued observance of these Terms of Use.  If mbsl suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify mbsl for those losses, damages, and costs.

You release, and agree, at your own expense, to indemnify, defend and hold harmless us, our officers, directors, employees, agents and affiliates, from all claims, liabilities, loss and damages (of every kind, whether known or unknown and suspected or unsuspected) related to in any way to:

 (i) your use of, access to or reliance on this website,

(ii) your content, or

(iii) your violation of any of these Terms of Use or any applicable laws or regulations.

In connection with your use of the website you agree that you shall be subject to mbsl's Privacy Policy.    The terms of this policy can be accessed by clicking the button below :

These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand and will be subject to the exclusive jurisdiction of the New Zealand Courts.

Except as otherwise described, all content on the website is made available only to provide information about the website and our products or services. The website is controlled and operated by us, from our offices within New Zealand. We make no representation or warranty that the content on the website is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. We accept no liability whatsoever to you in respect of such matters.

If you choose to access the website from outside of New Zealand, you are solely responsible for compliance with applicable local laws and we make no warranty or representation that the information complies with any laws, rules, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand. You indemnify us absolutely in respect of any liability arising for us as a result of your non-compliance.

You may not use or export the content in the website in violation of New Zealand laws and regulations. 

Minors

This website is not designed for or directed at children. Under no circumstances shall we allow use of our services by minors without prior consent or authorization by a parent or legal guardian.

Termination

The Terms of Use are effective until terminated by mbsl, and mbsl may terminate these Terms of Use and your access to the website at any time without notice.   In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you, licenses granted by you and all mbsl disclaimers and limitations of liability set out in the Terms of Use will survive.

General

If any clause of these Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other clauses of these Terms of Use and the remainder of the clause in question will not be affected.

The headings to the clauses of these Terms of Use are for ease of reference only and will not affect the interpretation or construction of these Terms of Use.

Any waiver or failure to execute any rights by mbsl shall not be deemed to be a waiver of any further or other right of mbsl.  No waiver is effective unless it is in writing.

Contact details

 As a technology company our preference is to communicate by email. This will ensure that we have forwarded your communication to the right person and department in an expedient manner.    Please email us at:  info@mbsl.co.nz