MOVIEXCHANGE WEBSITE TERMS & CONDITIONS
In these terms & conditions (“Terms”), the expressions “we”, “us”, “our” and “movieXchange” are a reference movieXchange Limited (company number 6265050) a company incorporated in New Zealand, as well as its subsidiaries, agents and assigns. movieXchange can be contacted at Vista Group, Shed 12, City Works Depot, 90 Wellesley Street West, Auckland 1010, New Zealand.
Please read these Terms carefully because by using this website, you signify your agreement to and acceptance of these Terms. We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon being uploaded to this website. Your continued use of the website will represent an agreement by you to be bound by the Terms as amended. If you do not agree to these Terms, please do not use the website.
Conditions of Use
All information provided by us pursuant to these Terms is provided in good faith. We do not make any representations or warranties that the information we provide is reliable, accurate, adequate or complete or that your access to that information will be uninterrupted, timely or secure, nor do we undertake to keep this website updated. We do not accept liability for any loss resulting from any action taken or reliance by you on any information or material posted by us on this website.
You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material, which is made available to you.
By using this website, you:
- warrant that you are at least 18 years of age and possess the legal authority to create a binding legal obligation;
- must ensure that your access to this website is not illegal or prohibited by laws that apply to you;
- agree you will use our website in compliance with all applicable laws and will not use this website, for any purpose that is unlawful or prohibited by these Terms;
- must take your own precautions to ensure that the process which you use to access 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; and
- must ensure that any access information we provide to you (for example, user logins) are kept secure and not provided to any third party.
All of the material on this website, including the content, text, images, software, videos, graphics, trademarks, layout, look-and-feel and any other information is subject to copyright and other proprietary rights belonging to movieXchange or our licensors. We do not grant you any licence or right to access, copy or otherwise use the material on our website. You agree not to, in any way, adapt, copy, reproduce, republish, upload, post, transmit, distribute, store (including in electronic form), create derivative works from, commercialise or modify the material in whole or in part, without our express prior written consent.
You may not:
- use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express prior written consent;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of movieXchange without express prior written consent;
- disrupt or interfere with the website, servers, software, hardware or other equipment connected to the website; or
- use any meta tags or any other "hidden text" utilizing movieXchange’s name or trademarks without the express prior written consent of movieXchange. Any unauthorised use terminates any permission or license previously granted to you by movieXchange.
You indemnify, defend and hold movieXchange harmless against all costs, losses, expenses (including, without limitation, reasonable attorney’s fees and costs of defense and appeal), claims, liabilities or damages which movieXchange may incur through any third party claim arising out of or in connection with:
- your breach of these Terms or any applicable laws; or
- your disruption or interference with the website, servers, software, hardware or other equipment connected to the website.
The movieXchange logo and other marks indicated in this website are trade marks of movieXchange in New Zealand and/or other countries. Other movieXchange graphics, logos, page headers, button icons, scripts, and service names are trade marks or trade dress of movieXchange. movieXchange trade marks and trade dress may not be used in connection with any product or service that is not movieXchange's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits movieXchange. All other trade marks not owned by movieXchange that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by movieXchange.
This website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
Limitation of Liability
We do not accept responsibility for any loss or damage, however caused (including through negligence), 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 your use of or reliance on information contained on or accessed through this website.
All information, content, materials, products (including software) and other services included on or otherwise made available to you through this website are provided by movieXchange on an "as is" and "as available" basis. movieXchange makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, products (including software) or other services included on or otherwise made available to you through this website (including without limitation any Linked Website). You expressly agree that your use of this website and any Linked Website is at your sole risk.
To the greatest extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will, to the greatest extent permitted by law, be limited for a breach of that condition or warranty to one or more of the following: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
Other than with respect to advertisements directly from any Vista group companies (if any)¸ responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements (if any) does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Access to this website may be terminated at any time by us without notice. These Terms will nevertheless survive any such termination.
If any part of these Terms is held unenforceable by a court of competent jurisdiction, the remaining parts of these Terms will remain in full force and effect.
These Terms are governed by the laws of New Zealand and you accept the exclusive jurisdiction of the New Zealand Courts.