Terms & Conditions

Terms and Conditions

Welcome to www.ewao.com (the “Website”). By using the Website, and the products and services of EWAO Limited (“EWAO”) to view, upload, download, transmit or publish content (“Content”) available on or through the Website (referred to collectively as the “Services”) you irrevocably agree to be bound by these Terms of Service and the EWAO’s Privacy Policy (collectively the “Terms”).  These Terms apply both to third-party contributors and viewers of content (“Content”) displayed on the Website.

Website. The term Website, as defined above, includes, without limitation, information, links, Services, and any other service which may be accessed through the Website via any medium or device. You agree that by accessing the Website consent to receiving certain updates from the EWAO from time-to-time, unless you unsubscribe from those updates.

Acceptance of Terms. EWAO may, at its sole discretion, update these Terms from time-to-time, which will be displayed in this section of the Website, although we will use our best endeavours to notify you of any changes. You acknowledge that your continued use of the Website after amendment to the Terms constitutes your acceptance of them.

Lawful Use of Website. You agree that you may only use the Website for purposes which are permitted by these Terms and under applicable law.

Restrictions on Use of Website: You are not permitted to use the Website or Services and cannot accept the Terms if: (i) you are below the legal age under which you can enter a binding contract with EWAO; or (ii) you are prevented from receiving the Services under the laws of the jurisdiction which you are resident or from where you use the Website or Services.

Restricted Activities. You agree not to:

Assist in disruption of the Website, the Services or the servers and networks which are connected to the Services, or breach and rules or regulations of the networks connected to the Services;

Use the Services for a fraudulent or illegal purpose, or to use the Website to harvest personally identifiable information without prior consent;

Amend any Content in order to disguise its origin and prevent detection by the Content owner;

Upload, download, transmit or publish any Content that infringes on the intellectual property rights of any owner;

Upload, download, transmit or publish any Content that contains software viruses or malicious code;

Upload, download, transmit or publish any Content that is unlawful, threatening, obscene, defamatory, libelous, harassing, hateful, racially offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate any law, or is otherwise inappropriate;

Provide false details or misrepresent your affiliation with any party on the Website or to the EWAO;

Intellectual Property. You acknowledge that Content accessed through the Website the sole responsibility of the person that made such Content available. Such Content, including but not limited to articles, blogs, videos, advertisements, and third-party links on the Website, may be subject to intellectual property rights held by the owner of the Content. You may not use, adapt, copy or distribute Content (either in whole or in part) unless you have written permission of the Content owner and provide an equivalent license to the EWAO. You acknowledge and agree that: (i) EWAO (or its licensors) owns all legal right, title and interest in the Services and the Content created by EWAO, including any intellectual property rights which subsist in the Services and (ii) that EWAO is in no way responsible for, nor shall have any liability related to, any Content which is not created by EWAO. Any registered and unregistered trademarks appearing on the Website belong to the EWAO, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner.

Links.

Outgoing links. The Services may include links to third-party web sites or resources. EWAO has no control over and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that EWAO is not liable for any loss or damage which may be incurred by you as a result of the use of any products or services available on such web sites or resources. You must ensure that you when you leave the Website you may be subject to the terms and conditions and privacy policy of the website that you visit.

Incoming links. You are free to establish a link to the Website provided that the link does not state or imply EWAO’s endorsement or sponsorship of you, your company, or your site. You are not permitted to frame any page of the Website without the prior consent of the EWAO in writing.

Disputes with Third Parties. You understand and agree that EWAO is under no obligation to become involved in any dispute between Website users, or between a user and any third party and you release EWAO, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, in any way related to such disputes.

Modification or Cessation of Services. You acknowledge and agree that the form and nature of the Services which EWAO provides may change from time to time without prior notice to you. You acknowledge and agree that EWAO may modify or suspend the Services at the EWAO’s sole discretion, without prior notice to you and that the EWAO shall not be liable to you or to any third party for any modification or suspension.

Indemnity. You hereby agree to indemnify and hold harmless EWAO and their subsidiaries, agents, employees or contractors, from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Content you upload, download, transmit or publish through the Services, your use of the Services, your connection to the Website or Services, your violation of these Terms, or your violation of any rights of another, regardless of whether such information was provided by EWAO or a third party.

DISCLAIMER OF WARRANTIES. You expressly understand and agree that the Services are provided “AS IS” and your use of the Services and Website is at your sole risk. No information, whether oral or written, obtained by you from EWAO or through or from the Services shall create any warranty not expressly stated in the Terms. EWAO further expressly disclaims all warranties and conditions of any kind related to the Website, the Services or products purchased through either, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

LIMITATION OF LIABILITY. You expressly understand and agree that EWAO, and its subsidiaries, agents, employees or contractors are not be liable to you for any direct, indirect, or consequential loss or damages (whether incurred directly or indirectly) or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms). In the event that your jurisdiction does not allow the exclusion of certain warranties or limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Any cause of action you have arising under these Terms must be brought within one (1) year of the cause of action accruing, otherwise it shall be permanently barred.

Content Contributors. We are not responsible for the Content submitted by our contributors, which may include statements and opinions of those contributors, not the EWAO. Content created by contributors is the sole responsibility of those contributors and the EWAO does not guarantee or endorse its accuracy or completeness. You acknowledge that by providing you with the ability to view and distribute content through the Website, the EWAO is not undertaking any obligation or liability relating to the content. The EWAO and its directors, employees, contractors, agents, affiliates, and shareholders do not undertake or assume any duty to monitor the Website for inappropriate or unlawful content and assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. EWAO reserves the right, but has no obligation, to monitor, filter, review, refuse, or remove any Content from the Website for any reason and with or without notice.

Termination. Either you or the EWAO may terminate this legal agreement with you at any time, at which point you must cease your use of all Services.

Indemnity. You hereby agree to indemnify and hold harmless EWAO and their subsidiaries, agents, employees or contractors, from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Content you upload, download, or transmit through the Services, your use of the Services, your connection to the Website or Services, your violation of these Terms, or your violation of any rights of another, regardless of whether such information was provided by EWAO or a third party.

Survival. Notwithstanding clause 14, the terms under the following headings will survive termination of this agreement: Intellectual Property, Contributions, Disputes with Third Parties, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions.

Acknowledgment. You acknowledge and agree that: (a) you have read and understood the Terms; (b) the Terms are fair, reasonable, and not unduly restrictive; and (c) you have had the opportunity to confer with legal counsel of your choice prior to agreeing to the Terms.

MEDICAL ADVICE DISCLAIMER: The information provided on our website is not meant to replace the advice of a medical professional regarding the treatment of any disease or condition. Please seek the opinion of a medical professional before attempting any treatment or intervention referred to on this website and do not decline medical advice on the basis of information you have read on this website.

General Provisions.

Notices. EWAO may provide you with notices, including changes to these Terms, by sending a notice to your last-known email or address, or by posting on the Website.

No Waiver. The EWAO’s failure to enforce any right or power under these Terms will not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of the Terms.

Entire Agreement. These Terms and the Privacy Policy comprise the entire understanding and agreement between EWAO and you and supersede any previous understanding or agreement, oral or written, relating to your use of the Website.

Severability. In the event that any provision of these Terms is held invalid or unenforceable in your jurisdiction, such provision will be severed from these Terms and the remaining Terms shall remain valid and enforceable. If any invalid or unenforceable provision would be valid or enforceable if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Force Majeure. EWAO shall not be deemed in breach of these Terms to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond EWAO’s reasonable control.

Joint Drafting. If an ambiguity arises with respect to the interpretation of any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these Terms.

Assignment. This agreement may not be assigned by you without EWAO’s prior consent in writing. The EWAO is permitted to assign any of its rights and obligations under this agreement at any time.

Governing Law. These Terms shall be governed by the laws of New Zealand and you hereby submit to the exclusive jurisdiction of the Courts of Christchurch, New Zealand.

This document was last updated on 11 March 2017

 

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