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Effective Date: 13 July 2020
What you should know
Budget reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting on the Website. Every time you wish to use the Website, please check these Terms to ensure that you understand the terms that apply at that time. By using this Website after we have posted such modifications, alterations or updates you agree to be bound by such revised Terms.
You may choose to create a customer account through the Website. You are responsible for keeping your log in information secure. You may not transfer your account or your rights under these Terms to another person.
You confirm that the information you provided to Budget on registration, was at the time you provided it current, complete and accurate, and you agree to maintain and update this information.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All content on this Website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by New Zealand and worldwide copyright laws and treaty provisions, privacy, trade mark and publicity laws, and communication regulations and statutes), and are owned and controlled by Budget or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Budget. Content on this Website or any Website owned, operated, licensed or controlled by the Providers is provided solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein solely for your personal, non-commercial use only. You may not otherwise modify, use, copy, reverse engineer, adapt, reproduce, store in a retrieval system, republish, upload, post, transmit, sell, distribute, or in any way communicate to the public and/or exploit the content or information in any way (including by e-mail or other electronic means or on any other Website or networked computer environment) for any non-personal or commercial use, without the prior written consent of Budget or the Providers (as applicable). You may not use in any way (including by e-mail or other electronic means or on any other Website or networked computer environment) for any other purpose, any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos or characters, without our or the relevant Provider’s (as applicable) prior written consent. You may not frame or otherwise incorporate into another Website any of the content or other materials on this Website without the prior written consent of Budget. You may request consent by emailing us at email@example.com.
YOUR WARRANTY TO BUDGET
You warrant to Budget that you will not use the Website for any purpose that is unlawful or that is prohibited by these Terms, including without limitation attempting to do any of those acts or engaging in or permitting another person to do any of them or any of the below acts:
(a) posting or transmitting any infringing, threatening, libellous, defamatory, obscene, harassing, offensive, scandalous, inflammatory, pornographic, or profane material on or through the Website; or
(b) use in a manner or way, or posting to or transmitting to or via the Website any material which interferes with our or our other users or our other customers use of the Website or which tampers with or hinders the operation of the Website and its associated software, hardware and servers (including by transmitting any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website or by using any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website); or
(c) removing any copyright, trade mark or other proprietary rights notices contained in or on the Website; or
(d) creating accounts by automated means or under false or fraudulent pretences; or
(e) taking any action that imposes or that would in our reasonable opinion result in an unreasonable or disproportionately large load on our infrastructure including but not limited to by sending spam or by engaging in other unsolicited emailing techniques; or
(f) accessing the Website servers other than by connecting via HTTPS requests using a web browser; or
(g) using or exporting the materials in this Website in breach of any export laws and regulations.
If you breach any of these Terms, in addition to any other remedies that Budget or its Providers may have, your permission to use the Website immediately terminates without the necessity of any notice. Budget retains the right to deny access to anyone at its discretion for any reason, including for breach of these Terms.
You may not establish a hyperlink to this Website or provide any links that state or imply any sponsorship or endorsement of your Website by Budget, or its affiliates or Providers without the prior written consent of Budget. You may request consent by emailing us at firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES AND LIABILITY
Any rights or remedies which you are entitled under New Zealand Consumer Law arise independently of these Terms and nothing in these Terms limits any claim you may have under New Zealand Consumer Law. You may be entitled to remedies that cannot be excluded under New Zealand Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under New Zealand Consumer Law.
The following applies without excluding, restricting or modifying the rights and remedies to which you may be entitled under certain provisions of the New Zealand Consumer Law or Budget’s liabilities under those provisions.
The Website and all content on this Website is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permitted by the law, Budget does not warrant or make any representations, express or implied, regarding the results that may be obtained from the use of this Website or any Linked Sites, or as to the reliability, completeness, security, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this Website or any Linked Sites.
Other than those warranties which under New Zealand law are applicable to these Terms and are implied by applicable law and incapable of exclusion, restriction, or modification, Budget disclaims any and all warranties of merchantability and fitness for a particular purpose. Budget, its affiliated or related entities, the Providers, and any person involved in the creation, production, and distribution of this Website do not warrant that the functions contained in this Website will be uninterrupted, secure or error-free, that defects will be corrected, or that the servers that make the content available will be free of viruses or other harmful components. You expressly agree that use of this Website is at your sole risk. You (and not Budget) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither Budget, nor its affiliated or related entities (including its Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this Website, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this Website or any other linked site. Without limiting the generality of the foregoing, Budget and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this Website. You expressly acknowledge and agree that Budget is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Budget’s liability is limited to the greatest extent permitted by applicable law. Our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by these Terms is reduced to the extent (if any) that you cause or contribute to the loss or damage.
You are fully responsible for how you use this Website and for all use and activity carried out using your log in information or otherwise in connection with your account. You will be responsible for every transaction made using your log in information. You release Budget from and renounce any claim in respect of or arising from any reasonable reliance by Budget upon any use of your log in information, including Budget disclosing information relating to your registration and/or affairs with Budget. You agree to indemnify, defend, and hold harmless Budget and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of Budget and its Providers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Budget makes no representation that content in its Website is appropriate or available for use in any location other than New Zealand. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by, construed and enforced in accordance with the laws of New Zealand.
Any action you, any third party or Budget, brings to enforce these Terms, or in connection with any matters related to this Website, shall be brought only in the courts of New Zealand and courts hearing appeals from those courts and you expressly consent to the exclusive jurisdiction of those courts. If at any time Budget does not enforce any of these Terms or grants you time or other indulgence, we will not be construed as having waived that term or condition or Budget’s rights to later enforce that or any other term or condition.
If any provision of these Terms shall be determined as unlawful, void or for any reason unenforceable in a jurisdiction, then that provision shall be deemed severable from these Terms for that jurisdiction and shall not affect the validity and enforceability of any remaining provisions or in any other jurisdiction.
These Terms will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between Budget and you.
Any rights not expressly granted herein are reserved by Budget.