Terms of Use

The following terms and conditions apply to the use of this website (“Terms of Use”). By accessing or using this website, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must refrain from using the website.

In these Terms of Use, the terms “we”, “us” and “our” refer to fernLightning Limited.

We reserve the right, at our discretion, to update or revise these Terms of Use without further notice to you. Please check the Terms of Use periodically for changes. Your continued use of this website following the posting of any changes to the Terms of Use indicates your acceptance of those changes.

Whilst the information contained on this website is supplied in good faith, we do not warrant that the information on this website is accurate, complete, or up to date in all respects. We do not accept any responsibility for any loss suffered by you as a result of reliance upon the accuracy or currency of information contained on this website.

Whilst we will endeavour to ensure that this website is available at all times, we do not warrant that this website will be continuously available for your use. We do not accept any responsibility for any loss suffered by you as a result of the unavailability of this website.

You may not:

• post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use this website in a manner contrary to law or that would serve to restrict or inhibit any other user from using or enjoying this website or the Internet;
• post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through this website which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or copyright holder; or
• attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, or to any of the services or software offered on or through the website, by hacking, password mining or any other illegitimate or legitimate means.

The materials contained on this website are protected under copyright and other laws of New Zealand, and under international conventions and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published on the website, including, but not limited to the textual material, artwork, photographs, computer software, audio and visual elements shall belong to us or our licensors.

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. Without limiting the foregoing, you may not without our written permission, distribute, reproduce, or resupply material obtained from this website.

This website may contain links to third party content on the Internet. Those links are provided for convenience only and may not remain current or be maintained. No endorsement is made and no responsibility is accepted by us for any content accessible through any link. You are responsible for complying with the terms and conditions of use of any third party content. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website.

Any personal information that may be collected on this website is governed by our Privacy Policy, which forms part of these Terms of Use.

Although we endeavour to take reasonable steps to prevent the introduction of viruses or other malicious code to the website, we do not guarantee or warrant that the materials that may be available on the website do not contain destructive features. We will not be liable for any damages or harm attributable to such features. You are responsible for ensuring that the process that you employ for accessing this website does not expose you to risk of virus or other form of interference which may damage your own computer system.

We have no obligation to you to monitor this website or any user content. However, we reserve the right to review any user content and to remove any user content if we receive a complaint about that user content, or otherwise in our sole discretion. We may at any time edit, refuse to display, or remove any part of this website as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such activity. All information transmitted to you or from you is transmitted at your risk. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website.

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

These Terms of Use shall be governed and interpreted by New Zealand law, and you submit to the exclusive jurisdiction of the Courts of New Zealand.