2. USE OF SITE
2.1 Unless specified otherwise on this Site, you may only download and use information on this Site solely for your personal and/or internal business purposes, provided that you do not remove any proprietary rights notices, do not modify the information or make it available to third parties through a networked computer environment and do not make any additional representations or warranties regarding the information. You may not attempt to gain unauthorized access to any portion or feature of this Site, or attempt to obtain any materials, information or documents through any means not purposely made available by ZyGEM. You may not test the vulnerability of this Site or any network connected to this Site or seek to trace any information on any other user of this Site.
3. TRANSACTION SERVICES
3.1 ZyGEM may from time to time make available the ability to process certain transactions through the Site ("Transaction Services"). Use of the Transaction Services means that:
(a) you agree to provide relevant information, documents and attachments in the format (which may be by electronic means) and to the standards described for each transaction;
(b) you agree that information will be retained in electronic form;
(c) you agree to receive information through electronic means; and
(d) if using the Transaction Services on behalf of a company or other legal entity, you are authorized to enter into the relevant transaction with ZyGEM on behalf of that company or other legal entity.
3.2 You acknowledge and agree that internet transmissions are never entirely secure, and that information you send to or through the Site (including credit card information) may be read or intercepted by others. ZyGEM shall have no liability for the interception or ‘hacking' of data through the Site by unauthorized third parties.
3.3 In using the Transaction Services, you warrant that you are over 18 and have legal capacity to contract in New Zealand. If using a credit card, you warrant that the credit card is issued in your name or the name of the Company or other legal entity on whose behalf you are using the Transaction Services, and that you shall pay to the issuer all applicable charges.
3.4 A confirmation screen will appear once you have completed a transaction. You are responsible for verifying that all transaction information (including credit card information) is correct. ZyGEM shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing the Transaction Services or for loss of data or information caused by factors outside of ZyGEM's control.
3.5 All information and payments submitted to ZyGEM through this Site will be deemed to have been received by ZyGEM on the following business day.
3.6 ZyGEM shall be entitled at any time without prior notice or any liability to you, to cancel or suspend any or all of Transaction Services and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
4. ADDITIONAL TERMS
4.1 The provision of products and services by ZyGEM will be governed by separate terms and conditions notified to you by ZyGEM ("Additional Terms") (where you purchase products from ZyGEM via the Site, these will include, unless otherwise agreed, ZyGEM's then current Conditions of Sale [insert link to Conditions of Sale]). You agree to abide by the applicable Additional Terms. If there is any inconsistency between these Terms and the Additional Terms, the latter will prevail.
5. INTELLECTUAL PROPERTY
5.1 The material on the Site including text, images, graphics, layout, moving pictures, look-and-feel and any other information is owned or otherwise provided by ZyGEM and is subject to copyright and other proprietary rights.
5.3 All trade marks on the Site are registered or unregistered trade marks of ZyGEM or others and are the property of their respective owners. Nothing contained in the Site is to be construed as granting any licence or right of use in respect of any trade mark.
6. EXTERNAL WEBSITES
6.1 You acknowledge and agree that links and references to external websites are provided to you as a convenience only. ZyGEM has not reviewed and does not endorse or assume any responsibility for any other websites including material posted on them or products or services offered on those websites.
7. NO WARRANTIES OR LIABILITY
7.1 The Site and the Transaction Services are provided on an "as is" basis. To the maximum extent permitted by law, ZyGEM disclaims and excludes all implied conditions and warranties in relation to the Site and the Transaction Services including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. No information obtained by you from ZyGEM shall create any implied warranty.
7.2 ZyGEM does not warrant that:
(a) any functions contained in the Site (including the Transaction Services) will be uninterrupted, timely, secure, or error free or that any defects will be corrected; or
(b) any information or material provided on this Site is accurate, complete or current.
7.3 To the maximum extent allowable by law, ZyGEM hereby excludes any and all liability relating to your and other party's use of the Site, including any direct, special, incidental, indirect, consequential, exemplary or punitive damages whatsoever arising out of a breach of the Terms or arising out of your or any other party's use of the Site (including the Transaction Services) or integration of the Site or any part or function of the Site into your or any other party's website including any damages resulting from loss of use, data or profits, delays or business interruption, or any reliance on the Site by you or any person even where ZyGEM has been advised of such damage occurring.
7.4 If, notwithstanding the foregoing, ZyGEM is found to be liable to you for any damage or loss which arises as a result of your use of this Site, ZyGEM's liability shall not exceed $100.00. Some jurisdictions do not permit the exclusion of implied warranties, and if you are in one of those jurisdictions these exclusions may not apply to you. For the avoidance of doubt, any failure by ZyGEM to execute a transaction through the Transaction Services due to any systems failure or disruptions in access to or availability or operation of any aspect of the Transaction Services, shall not constitute a breach of these Terms and ZyGEM shall have no liability whatsoever in such a case.
9. GOVERNING LAW
9.1 These Terms are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.