Welcome to the GetKambium website.
Thank you for taking the time to read these website Terms and Conditions of Use (“Terms”) which apply with respect to your use of the website and our products and services.
It is important that you read these terms and conditions carefully because by using our website, you will be deemed to have accepted these Terms.
If you need to refer to them again they can be accessed from the link at the bottom of any page of our website.
GetKambiun NZ is the owner and publisher of the content contained in this website (referred to as “our”, “us” or “we”).
As a user of this website (referred to as “you” or “your”), you are subject to these Terms, our Privacy Statement, our Returns Policy, our Online Sales Terms and Conditions, and any other laws or regulations which apply to this website and associated GetKambium portal. If you do not accept these Terms, you must refrain from using this website.
Any reference to “website” means the whole or any part of the web pages located at this URL or domain (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
Any reference to “User Assist” means the function used by our helpline, (or personnel,) which is available to assist with any queries or changes to your website account settings, including Third Party Access (see paragraph 15).
You agree to ensure that anyone who uses our website and/or our products and services through your user account (irrespective of whether such person does so with your permission or otherwise) will comply with these Terms, and that you are fully responsible for all use of the website that occurs via your user account or any Third Party Access authorised by you.
We reserve the right to amend these Terms from time to time at our discretion and without notice to you. Such revisions will be effective immediately upon publication on this website. Your continued use of this website after such publication will represent an agreement by you to be bound by the Terms as amended. You should therefore periodically visit this page to determine the current Terms.
Further terms and conditions are presented for use of the GetKambium portal when a subscriber signs up.
We may, from time to time, make changes to any element of this website without notice to you, including (without limitation) adding or removing information, products or services, functionality, format, or content from this website, and we may terminate your access to this website at any time without notice. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.
2. Contract formation
The information contained on this website constitutes an invitation to treat and not an offer to supply goods or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these Terms. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgement, to have been placed fraudulently.
The information contained on this website is intended for general information only. While we endeavour to ensure that information on the website is correct, sometimes errors or inaccuracies do occur, for which we apologise.
The information contained on this website, relating to the products and the sale of the products through this website, has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law.
4. Use of this website
You agree that you will not:
a. use the website and/or our products and services for any unlawful or unauthorised purpose;
b. take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the website, including any action that may result in the introduction of any viruses, trojan-horse type programs, malware or any other material which is malicious or technologically harmful;
c. create a link to the website from any other website or source without our prior written consent;
d. use the website other than as specifically permitted by these Terms; or
e. use the website and/or its contents for commercial use.
5. Prices, Products and Services
All prices on this website are in US$ and exclusive of any sales tax. Please note that we reserve the right to alter the prices at any time for any reason.
6. Intellectual Property
This website, its contents, and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software and codes relating to this website (excluding third party materials), are owned or licensed to GetKambium and unless stated, is copyright. These intellectual property rights are protected by New Zealand and international laws.
You may view our website and its contents for personal and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1994. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or source or create any derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material (including third party data), from the owner of the copyright in that material.
Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
We acknowledge and agree that you own the intellectual property rights in, and are solely responsible for the legality, reliability, integrity, accuracy and quality of any data inputted by you or any third parties nominated by you to this website.
You acknowledge that we either own, or have the right to use, all anonymized data and aggregated data and other materials available on or generated by this website.
7. Secure Data
Given the nature of the internet, we cannot guarantee that any data transmission or storage is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security.
Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and
we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
9. Our Use of Your Information and Material
We appreciate any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which we may add to this website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit any unsolicited ideas to others, without restriction or any obligation to compensate you.
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products (including third party information) included on this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of such use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website, or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, claims, expenses and costs (including legal costs) which arise out of or relate to your or any Third Party User’s use of this website, breach of these Terms, any information that you provide to us via this website, or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, and trade mark infringement.
11. Security of your username and password
If you register as a user, you will be issued with a username and password. You will be given your own username as part of the application process. Under no circumstances should you keep a written or electronic record of your password, nor disclose your password to any other person. You must keep your password confidential to you alone and you must take all reasonable steps to prevent disclosure of your password. Your username and password allow you to log in to this website.
You agree to: (a) effect and maintain security measures to prevent: (i) third parties gaining access to and/or using the website, or your username or password; and (ii) any other interference with the website, (together “Unauthorised Use”); and (iii) any loss or damage arising from Unauthorised Use; (b) notify us immediately if you become aware of any Unauthorised Use and, at your cost, take any action which is necessary or which we may require to prevent any further Unauthorised Use occurring and make good any damage arising from any Unauthorised Use; and (c) advise us immediately of any unauthorised disclosure of your username or password.
12. Applicable laws
This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.
If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.