Terms of Use

Terms of Use

APPLICATION OF TERMS

These Terms apply to your use of the website. The website (adinstruments.com) is owned by ADInstruments Pty Limited and is operated by ADInstruments NZ Limited for the benefit of all companies within the ADInstruments Group.
By accessing and using the website:

  • you agree to these Terms; and
  • 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.

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.

CHANGES

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.
We may change, suspend, discontinue, or restrict access to, the website without notice or liability.

DEFINITIONS

In these Terms:

  • ADInstruments Group means the collection of parent and subsidiary companies operating as ADInstruments including and similar words do not imply any limit
  • Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
  • 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
  • User ID means a unique name and/or password allocated to you to allow you to access certain parts of the website
  • We, us or our means ADInstruments Pty Limited
  • website means https://www.adinstruments.com
  • You means you or, if clause 1.2b applies, both you and the other person on whose behalf you are acting.

YOUR OBLIGATIONS

You must provide true, current and complete information in your dealings with us (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete.

If you are given a User ID, you must keep your User ID secure and:

  • not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
  • immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to privacy@adinstruments.com

You must:

  • 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
  • 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: and
  • use the website in compliance with, and only as permitted by, applicable law.

You must obtain our written permission to establish a link to our website.  If you wish to do so, email your request to legal@adinstruments.com

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our website by using your User ID.

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 (“Content”). Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

You may not copy any part of this website. Nor may you  reproduce, modify, re-publish, distribute, any part of this website without our permission which can be requested at legal@adinstruments.com.

You may display, copy and download Content from the websites solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.

 

DISCLAIMERS

While it is in our interest to provide you with a great experience when using the website there are certain things we do not promise. We almost always keep our website up, but it may be unavailable from time to time for various reasons.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE ADINSTRUMENTS GROUP, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
(B) THE WEBSITE ISPROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE ADINSTRUMENTS GROUP, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE ADINSTRUMENTS GROUP OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE ADINSTRUMENTS GROUP OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the ADInstruments Group, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of the website by you.
The ADInstruments Group reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide ADInstruments with such cooperation as is reasonably requested by the ADInstruments Group.

PRIVACY AND COOKIES

Our Privacy Policy explains how we collect and use your personal information and our Cookies Policy provides information about the cookies that we use.

SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the website (or any part of it).
On suspension or termination, you must immediately cease using the website and must not attempt to gain further access.

GENERAL

If we need to contact you, we may do so by email or by posting a notice on the website.  You agree that this satisfies all legal requirements in relation to written communications.

These Terms, and any dispute relating to these Terms or the website, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the website.
For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of the website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

CONTACT US

To contact us, please email legal@adinstruments.com

Thank you for visiting our site.

These Terms were last updated on 10 April 2018