Site User Agreement - www.getfrank.co.nz
This agreement governs your use of this site and all relationships which arise from that use.
"user" is you and all users authorised by you or using the same email address as you , jointly and each of you severally.
"here" means "on this web site".
"we" or "us" and like words are defined as BlueSky Media Ltd as the owner, administrator and manager of www.getfrank.co.nz, any formal correspondence relating to the management of www.getfrank.co.nz should be forwarded to PO Box 37887, Parnell, Auckland, New Zealand.
2. USE OF THE WEB SITE
You agree: (a) that you are over 18 years of age and entitled to enter contracts; (b) not to hold us responsible for any dealing here with a minor, bankrupt or other person without capacity; (c) that we may rely for all purposes on information you supply us; (d) never here to mislead any person or break any law; (e) to accept limitations of providers' practice rules and codes; (f) to do nothing that would bring yourself, us or this web site into disrepute; (g) that we may cancel your right to use the site any time; (h) that we may discontinue the website or alter the service or prices or terms at any time without notice; (i) that the terms of this agreement override any contrary terms on or about or related to the website; and (j) that you will respect the copyright of any work you see or obtain through this website; and (k) that any anything in this agreement which may be invalid for any reason will not affect the validity of the other parts of the agreement.
We and you both agree to be bound by the privacy statement situated on the home page of www.getfrank.co.nz and you agree that this statement is subject to change at any time without notification.
4. CONTENT AND PUBLISHED WORKS
You agree that (a) neither we nor any information here establishes a provider-client relationship of any sort of fiduciary responsibility with us and you will not act or alter your position relying on any information here; (b) we are never your agent, partner, joint venturer, or contractor.
You agree that no communication here from another user creates a legal obligation by us; that we are not responsible or liable to you or any person in any way for any information provided by any third party here - we are a public platform. You agree that we do not prevent the creation or intervene in any content created by third party's or members that is posted on getfrank.
You agree that if you publish (upload) any work or offer any work for publication to this site you do so only under the terms advised from time to time, and that if you download any work, you acknowledge that we have not read, and cannot know the contents of, and are not responsible to you or any person through you for the contents, quality or value for money of any work published by any other user through this website.
All member contribution areas on www.Getfrank.co.nz are public and not private communications. Forum posts, article comments and other communications by our users are not necessarily our viewpoints and should not be viewed as being endorsed by us. We have the right to remove, without notice, any content received from a user that’s inappropriate.
As we are a public platform all content submitted deems the submitter personally liable and not us. We however hold the right if we so choose to edit, rewrite, and use and reuse the content in any way and any media, with or without attribution.
You agree (a) that we are not responsible for content contributed or posted on www.getfrank.co.nz; (b) that any dispute you, or any person through you, may have with us or in which we are concerned be decided under the laws of New Zealand whose courts who have exclusive jurisdiction to hear any such dispute; (c) to accept all responsibility for your relationship here with contributors; (d) that your complaints against contributors will be made to the contributors themselves, not to us, nor will you make any claim against us; (e) that we may release any relevant information if requested under relevent New Zealand laws.
6. MEDICAL DISCLAIMER
The information contained in this website is not intended and must not be taken to be the provision or practice of medical advice or services nor a substitute for medical advice, diagnosis or treatment. If you have questions, concerns about your health or treatment or would like more information, contact your doctor. Always see your doctor or other qualified health professional before starting or changing any treatment.
7. DISCLAIMER, LIMITATION OF LIABILITY, WAIVER, INDEMNITY AND OPERATIVE CLAUSE
You agree that (a) we will not in any event be liable for any software or hardware errors, outages (Power, Telco or ISP) or malfunctions, which materially and substantially prevent or interfere with any use of this web site; (b) we make no other warranties with respect to the services or facilities available here including but not limited to any implied warranties of merchantability, merchantable quality, and/or fitness for any particular purpose; (c) without limiting the generality of the foregoing, we make no warranty as to the quality of or likelihood of any individual response from us or any person through this web site; (d) we are not the authors of data on this web-site and whether or not written by us we make no warranty that any information will be accurate, error-free or uninterrupted, nor that it will meet your requirements or achieve your desired or anticipated results, nor any warranty arising now or at any time in the future from usage of any trade, course of dealing, or course of performance. You agree that the fitness and quality of our services must be construed within these constraints; (e) our liability to you is limited to one twelfth the amount of the website charge to you during the year prior to your claim; (f) our failure any time to enforce any provisions or rights under this agreement in no way constitutes waiver of same or affects the validity of this agreement or assists any defence or right against us; (g) we are not responsible to you or any person for any keystroke, mouse-click, or other action, omission, or transaction connected with or incidental to the use of this web site; (h) you will indemnify us and save us harmless and defend us from all losses, costs claims and actions suits whatsoever whether arising in contract or tort, at the suit of any person or persons, out of or incidental to every communication here made by or to you or made by or to any person using your registration, or Username or UserID or password, or credit card, whether at your direction, by your express or implied authorisation, or through your neglect; (i) your further use of this web site signifies that you agree to all these terms in the words we set before you here and without any change.
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