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Website Terms of Use

This website is owned by TK Wines Limited (trading as “Memsabi”) (referred to as we, our or us). These website terms of use govern your access to and use of all of our owned and operated websites, collectively our websites.

Please read these terms of use carefully before accessing or using our websites. By accessing and browsing our websites you agree to be bound by these terms of use. If you do not agree to these terms of use, do not use our websites. If you wish to purchase any of our products on our websites, you will be required to agree to the Terms of Sale for those particular products.

We may amend these terms of use from time to time. When we make amendments, we will update our terms of use on our websites, and we recommend that you should check and read these terms of use regularly. By continuing to use our websites after any such amendment, you are deemed to have agreed to the amended terms of use.

Intellectual Property

As between you and us, all intellectual property on our websites, including without limitation, the text, graphics, copyright works and trade marks, is owned by us (or by third-party content suppliers), and we are the exclusive owner of all rights in the compilation, design and layout of this website. Your use of our websites must not infringe the intellectual property rights of any person.

Right to Use Websites and Content

You may access, view, reproduce and print the content on our websites, provided you only use that content for non-commercial purposes and for lawful purposes only, in accordance with these terms, and, in the case of any reproduction that any such reproduction includes a prominent acknowledgement of our rights in the relevant content.

We reserve the right to prohibit links to this website, and you agree to remove or cease any link upon our request. You may not frame any part of our websites’ material by including advertising or other revenue-generating material. We reserve the right to suspend your use of the website, by suspending your user account or otherwise, at any time.

Disclaimer

The information provided on our websites is general in nature, and has not been prepared by taking into account the particular objectives, situation or needs of any individual users. Use of our websites is at your own risk. We reserve the right to modify the content of our websites at anytime.

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Nothing in this disclaimer is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993.

Nothing in this disclaimer is intended to exclude our obligation under any product warranty that we have given. In the event of any inconsistency between the terms of use of our websites and any product warranty given by us, the terms of the product warranty will prevail.

Third Party Content

Our websites may contain links to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites that our websites link to.

Our websites may also contain third-party advertisements. Advertisements are not recommendations or endorsements by us. You should refer to the relevant advertiser for information on its products and/or services.

The content of our websites may include information or commentary provided by users or other third parties. To the extent permitted by law, we are not responsible for the content provided by users or third parties, and we are under no obligation to monitor or remove any third-party content or user comments.

You agree to indemnify, hold harmless and defend us and our affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your conduct on our websites, or from any content or messages posted or transmitted by you on or through our websites. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

If you provide or contribute any content or other materials to us and/or to our websites (User Content), you agree that we, and anyone authorised by us, can use that User Content in any manner free of any obligation to you. This includes granting us the right to copy, distribute, modify, licence and exploit any User Content in perpetuity by any means and media now known or developed in the future, without payment or other consideration to you or any other person, including use in advertising and promotion.

By posting or uploading any User Content to our websites or providing any User Content to us, you automatically and irrevocably:

  • grant and assign to us any and all rights in the User Content throughout the world including without limitation all copyright, and waive all moral rights in the User Content that may be available to you in any part of the world. If any of these rights cannot be assigned to us, you grant us a perpetual royalty-free worldwide licence to any and all rights in the User Content, including without limitation, all copyright, with the right to sublicense;
  • appoint us as your agent with power to enter into any document and/or do any act (and you agree to execute any documents) we may consider appropriate to confirm and enforce the rights granted under these terms of use; and
  • warrant that: (a) you are the owner of the User Content and entitled to enter into these terms of use; (b) you have obtained all necessary permissions and licences for any third-party materials necessary for us to exploit the rights granted to us in the User Content, and (c) no User Content will be subject to any obligation, of confidence or otherwise, to you or any other person.

Acceptable Use

You must comply with the following specific rules relating to your use of our websites:

  • you must not, and must not attempt to, copy, rip, replicate, scrape or capture any content from our websites (whether for the purpose of replicating, aggregating or republishing all or any part of our websites, or otherwise);
  • you must not copy, republish or adapt, or make available or otherwise communicate to the public, perform, transfer, display, share or otherwise use any content on or from our websites (including any other user's content) except as provided for in these terms and in accordance with any third party rights;
  • you must not remove or modify any trade mark, copyright, proprietary notice, legal notice or other notice contained in, or provided via, our websites;
  • you must not copy, adapt, reverse engineer, decompile, modify or attempt to discover, any source or object code of any part of our websites;
  • you must not use our websites to post, upload, transmit, copy, distribute, or display or make available to the public:
  1. any spam or any other similar material or other unauthorised or unsolicited advertising or promotional messages;
  2. any content that is obscene, pornographic or sexually explicit, offensive, racist, abusive, defamatory, culturally offensive, indecent, or that promotes illegal acts or violence, or incites hatred on grounds of gender, race, religion or sexual orientation, or is otherwise objectionable in our absolute and sole opinion;
  3. any information or material that infringes the rights of any third party including, without limitation, copyright, trade mark rights and rights in or relating to confidential information;
  4. any harmful or malicious code, including viruses, trojan horses, adware, spyware, malware, bots or worms, or anything else which might disrupt or harm our websites (or any user of our websites); or
  5. any content that contravenes, or would cause us to contravene, any law or regulation;
  • you must not collect, or attempt to collect, personal information about other users of our websites (including by using scraping or spidering);
  • you must not exploit, harass, threaten or abuse another user of our websites;
  • you must not use or attempt to use any other user's account, password, or other information without that user's prior written consent;
  • you must not use, or cause to be used, any automated program or script, or other functionality or technique, which conceals, or is misleading or deceptive as to, your identity, or your use of, or activity on, the website;
  • you must not sell, rent or lease access to the website, any of our content or any other user's content; and
  • you must not: (a) circumvent, or attempt to circumvent, any data security measures employed by us; (b) access or attempt to access data or materials forming part of our websites which are not intended for your use; or (c) attempt to interfere with our websites by any means, including by hacking our systems or servers, submitting a virus, overloading, mail-bombing or crashing our websites.

Promotions and Competitions

You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through our websites, prior to being able to obtain or participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these terms of use. If there is any inconsistency between these the terms of use and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail.

Purchasing Products

You may offer to purchase products described on our websites for the price specified on our websites. Your order is subject to the Terms of Sale on our websites, or as subsequently described to you.

All Liability Excluded

To the extent permitted by law:

  • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of our websites or the content on or accessed through it; and
  • we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of our websites or the content on or accessed through it.

Nothing in these terms of use is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993, or any other statutory rights that may not be excluded, restricted or modified.

Privacy Policy and Security of Information

The Privacy Policy governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these terms of use.

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.

Jurisdiction and Governing Law

Our websites and the content has been prepared in accordance with the requirements of New Zealand law. These terms of use and any matters or disputes connected with our websites will be governed by New Zealand laws and will be dealt with by New Zealand courts, and you agree to submit to the jurisdiction of New Zealand courts.

Severability

In the event that any provision of these terms of use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Contacting Us

If you have any questions or concerns in relation to our websites or these terms of use, please contact us at: info@memsabi.com