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These terms and conditions of use (“Terms”) apply to your use of the Sphere Identity (“We/Our/Us”) Website.
By accessing and using Our Website:
- you agree to these Terms; and
- where your access and use are on behalf of another person or entity, you confirm that you are authorised to, and do in fact, agree to these terms on that person or entity’s behalf and that, by agreeing to these Terms on that person or entity’s behalf, that person or entity is bound by these Terms.
If you do not agree to these terms, you are not authorised to access and use Our Website, and you must immediately stop doing so.
For the purpose of these Terms:
- 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
- We, us or our means Sphere Identity Limited
- Website means http://sphereidentity.com
- You or your means you or, if clause 1.2(b) applies, both you and the other person on whose behalf you are acting.
We reserve the right, at our sole discretion, to change the Terms at any time without notice. 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 after any modification to the Terms, you agree to be bound by the changed Terms.
These terms were last updated on 4th January 2019.
By using the website, you are representing that you are competent and fully able to bind yourself to these Terms.
You understand English, have read, understood and accept these Terms and will only use the Sphere Identity Website in accordance with these Terms.
Suspension and Termination
Notwithstanding anything contained in the Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our Website, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.
On suspension or termination, you must immediately stop using our Website and must not attempt to gain further access.
Where providing personal information in your dealings with Sphere Identity, you must ensure that your information is true, current and complete.
- 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. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.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.
You acknowledge that we (and our licensors) own all proprietary and intellectual property rights in the Website, including but not limited to all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and any other thing.
No part of the Website may be reproduced, modified, distributed, published in any form, or by any means, without our prior written permission. Any rights not expressly granted herein are reserved, and no title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss in connection with:
- the Website being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Website;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation or warranty that our Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
Limitation of Liability
Sphere Identity does not make any warranty about the reliability of the Website, and to the maximum extent permitted by law:
- you access and use the Website at your own risk; and
- we are not liable or responsible to you or any other person for any loss under or in connection with these terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD 500.
To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD 500.
How secure is my personal information?
If you sign up to our newsletters and tick the consent box, you consent to Sphere Identity collecting your e-mail address for the purposes of sending you our newsletter.
By signing up to our newsletters, you consent to Sphere Identity providing your e-mail address to SendinBlue as a third party, for the sole purpose of facilitating the distribution of our newsletters to you.
You may opt out of receiving the newsletters at any time by selecting ‘unsubscribe’ at the bottom of any newsletter sent by us.
By using Sphere Identity’s Live Chat service, and ticking the consent box, you explicitly consent to Sphere Identity collecting your IP address, geographical location, frequency of web site and web page visitation and device browser. This is for the purposes of ensuring that we are able to provide you with customer support.
You may withdraw your consent at any time, and all personal data provided by you will be erased.
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. Any controversy, claim, or dispute arising out of or relating to these Terms shall be subject to the jurisdiction of the courts of New Zealand.
For us to waive a right under these Terms, the waiver must be in writing.
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.
If any Term is severed pursuant to clause 13.3, it will have no effect on the operation of any other Term, and 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.