1 APPLICATION OF TERMS 1.1 These Terms apply to your use of the Website. By accessing and using the Website: a) you agree to these Terms; and b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. 1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2 CHANGES 2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms. 2.2 These Terms were last updated on the 27th of September, 2018.
3 DEFINITIONS In these Terms: including and similar words do not imply any limit personal information means information about an identifiable, living person Terms means these terms and conditions titled Website Terms of Use Underlying System means any network, system, software, data or material that underlies or is connected to the Website We, us or our means Jesters New Zealand Website means jesters-pies.co.nz You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 YOUR OBLIGATIONS You must: a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and b) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
5 INTELLECTUAL PROPERTY We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6 DISCLAIMERS 6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with: a) the Website being unavailable (in whole or in part) or performing slowly; b) any error in, or omission from, any information made available through the Website; c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
7 LIABILITY To the maximum extent permitted by law: a) you access and use the Website at your own risk; and b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
8 WAIVER 8.1 Our failure to insist upon or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right.
9 HEADINGS 9.1 The headings for each of these Terms are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms.