Terms and Conditions
The Products and Software are provided by HaloGuard, a New Zealand private limited liability company in its place of business in New Zealand. If you have requests concerning these Terms of Use or any questions please contact us at info@haloguard.co.nz
HALOGUARD PRODUCTS ARE NOT LIFE-SAVING DEVICES AND ARE ONLY TO BE USED AS A BACKUP SAFETY MEASURE IN THE EVENT YOU CANNOT REACH A TELEPHONE TO CONTACT EMERGENCY SERVICES.
PLEASE READ THE DISCLAIMER ON THE WEBSITE WWW.HALOGUARD.CO.NZ BEFORE PLACING AN ORDER.
ACCEPTANCE OF THE TERMS AND CONDITIONS AT CHECKOUT IS ALSO ACCEPTANCE AND UNDERSTANDING OF THE DISCLAIMER.
Index:
SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
SECTION II: GENERAL PROVISIONS
SECTION III: ACCOUNTS
SECTION IV: PRICING AND PAYMENT
SECTION V: INTELLECTUAL PROPERTY
SECTION VI: THIRD-PARTY ADVERTISEMENTS, PROMOTIONS, AND LINKS
SECTION VII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
SECTION VIII: GOVERNING LAW; ARBITRATION
SECTION IX: MISCELLANEOUS
1.1. Definitions
References to “Dispute” means any claim, conflict, controversy, or disagreement between the Parties arising out of, or related in any way to, these terms (or any Terms, supplement, or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or law, or any alleged breach, including, without limitation, any matter concerning the meaning, effect, validity, performance, termination, interpretation or enforcement of these terms or any terms contemplated by the terms.
References to “Material Breach” mean any breach of these terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these terms because of that breach.
References to the “Software” shall mean any software designed, developed, distributed, and/or otherwise made available by HaloGuard, including but not limited to the designated contacts and first-responder notification mobile software application as well as a built-in microphone software for users of the HaloGuard products.
References to “Products” shall mean any products offered by us, including but not limited to the HaloGuard wearable device.
References to the “Terms” and/or “Agreement,” mean this, these Terms of Use as set forth herein.
References to “us,” “we,” and/or “our” mean HaloGuard.
References to the “Web site” mean www.haloguard.co.nz
References to “you,” and/or “User,” mean the User of the Website, Software, and/or Products.
1.2. Agreement to be Bound
The following Terms of Use, together with the relevant information set out on the Website, Software, and/or Products, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials (collectively the “Website,”) are subject to the Terms of Use set forth below. Please read them carefully as any use of this Website, Software, and/or Products constitutes an agreement, without acceptance, to be bound thereby by the user. By using this Website, Software, and/or Products you represent that you are at least eighteen (18) years old, have read and understand the Terms of Use, and that you agree to be bound by these Terms of Use as set forth below.
These Terms of Use are subject to the Privacy Policy, which also governs your use of the Website, Software, and/or Products.
2.1. About Us
At HaloGuard we are the distributor of the HaloGuard wearable device and the owner of the HaloGuard software. Both act as a backup notification system to persons whom the user has identified as emergency contacts, and/or first responders, when appropriate and available, in the event a wearer cannot access his or her telephone.
As part of the HaloGuard wearable device, we have designed, developed, and distributed a mobile application of the same name that works via a Bluetooth connection to the wearable device and provides such notification services as well as a built-in microphone application for users.
2.2. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available via the Website, Software, and/or Products is not accurate, complete, or current. You acknowledge further that any reliance on the Website, Software, and/or Products is at your own risk.
2.3. Errors in the Website, Products, and/or Software
We do not warrant that any errors on the Website, Software, and/or Products will be corrected.
2.4. Modifications and Changes to Terms of Use
We may modify, add to, suspend, or delete these Terms of Use or other agreements, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective upon their posting to the Website and the Software as well as sending an email to the registered Users of the Products. Your continued use of the Website, Software, and/or Products after modification, addition, or deletion of these Terms of Use shall be deemed to constitute acceptance by you of the modification, addition, or deletion.
2.5. Modifications and Changes to the Website, Software, and/or Products
We may modify, add to, suspend, or delete any aspect of the Website, Software, and/or Products and related services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered hours of availability, and equipment needed for access or use.
2.6. Access to Website, Software, and/or Products
Though we try to make the Website, Software, and Product-related services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Website, Software, and/or Product-related services will be at all times available.
We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Website, Software, and/or Products.
2.7. Right of Refusal, Limitation, Discontinuation; and Termination
We reserve the right to refuse to provide access to the Website and Software for any reason at any time at our sole discretion. We may limit or cancel a User Account for any reason whatsoever. If we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination. We may, in our sole discretion, limit or discontinue any Products offered by us, for any reason whatsoever.
2.8.Use of Web site, Software, and/or Products
You agree and acknowledge that you shall not use the Website, Software and/or Products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site, Software and/or Products; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Web site, Software and/or Products; or (l) to make prank, false or fraudulent calls to designated contacts and first responders. We reserve the right to terminate your use of the Website and/or Software for violating any of the prohibited uses or for any other reason at its sole and exclusive decision.
2.9. Accuracy, Completeness, and Timeliness.
We are not responsible if information made available via the Website, Software, and/or Products is not accurate, complete, or current. You acknowledge that the Website and the Software are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
2.10. Testing of the Products
The parties hereto agree that purchased Products shall be in the exclusive possession and control of the end-User and that it is such User’s sole and exclusive responsibility to test the operation of the Product and Software and to contact customer service as outlined in Section 9.1 if the Product and/or Software need repair or otherwise misfunctioning. It is the responsibility of the User to check that the Product battery is fully functioning and charged, as well as ensure the device on which the User operates the Software is fully charged and within Bluetooth range for proper functioning of the Product and Software.
2.11.User Duties.
The Products and Software are intended for User protection; however, they do not and cannot ensure safety. Serious bodily injury, property damage, and/or death may still occur while using the Products and Software. You are encouraged to and agree whenever practical to use all other safety and medical devices and techniques available to you for your safety and protection.
2.12. Notification of First Responders
You are advised that certain jurisdictions may have in existence requirements that when an alarm monitoring service reports a medical alarm to a responding agency, it must also report such alarm to an entity available twenty-four (24) hours each day which is contractually obligated to respond to the emergency within one (1) hour or within another designated time, for example, a first responder or other emergency services.
2.13. Allergic Reaction
Though rare, some Users may experience an allergic reaction to a Product. If such a reaction occurs immediately discontinue use and contact your medical provider.
3.1. Online Accounts
Users may be allowed to register via an online registration form to create a user account (your “Account”) that may allow you to receive information from us and/or to participate in certain features of the Website, Software, and/or Products. We will use the information you provide under our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete, and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorised such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use.
3.2. Multiple Accounts
You agree you shall not have no more than one (1) Account and shall not sell, trade, or transfer that account to any other person or entity without our prior, written consent.
3.3. Account Guidelines
The Website, Software, and/or Products may contain the ability to communicate with designated contacts and/or first responders, as appropriate, through one or more platforms, comments sections, discussion forums, websites, software, landing pages, social media outlets and/or other interactive features, (“Interactive Areas,”) in which Users and Third-Parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you:
Shall not upload, distribute, or otherwise publish to the Website, Software, and/or Products any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages, or “spam”; and
Shall not use language that abuses or discriminates based on race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Website, Software, and/or Products; and
Shall not personally attack another user. Personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Website, Software, and/or Products; and
Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services; and
Shall not upload, post, or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offence or give rise to civil liability; and
Shall not post unauthorized commercial communications (such as spam); and
Shall not upload, post, or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
Shall not upload, post, or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
Shall not interfere with any other User’s right to privacy, including by harvesting or collecting personally identifiable information about other users of our Interactive Areas or posting private information about a Third Party; and
Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
Shall not upload, post, or otherwise transmit any content, software, or other materials which contain a virus or other harmful or disruptive component; and
Shall not interfere with or disrupt the Website, Software, and/or Products or the servers or networks connected to the Website, Software, and/or Products, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, Products and/or the Software and/or the Interactive Areas; and
Shall not facilitate or encourage any violations of these Terms of Use or our policies.
Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
3.4. Rights in Submissions
Should you submit, display, publish, or otherwise post any content to an Interactive Area, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any Third Party.
You represent and warrant that you own or have a valid licence to use all submissions and otherwise have the right to grant the licence set forth herein, and the displaying, publishing, or posting of any submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
4.1. Purchase of Products
Use of the Website is free; however, Products and/or Software carried thereon may be offered for sale at the prices published on the Website and are subject to change. The prices and the terms of payment for such Products and/or Software are displayed at all times on the Website, including at the point of purchase. The prices quoted on the Website for the Products and/or Software do not include shipping and handling unless indicated otherwise, or sales taxes, if applicable, which will be added to the final purchase price after the purchaser enters his or her details.
Purchasers are responsible for the payment of any shipping and handling charges, unless indicated otherwise, as well as local GST / VAT, customs duties, and/or other taxes that may apply to an order. All Products shall be delivered under the timetable of the carrier and shipping method you choose upon checkout but no later than ninety (90) calendar days from the date of purchase.
Purchases using an untracked shipping method are at the purchasers’ risk and the seller is not liable for non-delivery, loss, or damage in transit.
Purchases for such Products may be made using a variety of payment methods as set out at the time of checkout and shall be processed immediately.
4.2. Responsibilities regarding Replacement, Change of Mind, and Refunds can be found under the Change of Mind, Refunds & Returns Policy. By using HaloGuard’s Products and/or Software, Website, and Services you are thereby agreeing to these terms.
4.3. Right of Refusal, Limitation, Change, and Discontinuation
We reserve the right to refuse to provide any access to the Website, Software, and/or Products to anyone for any reason at any time at our sole discretion without recourse to you. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit the available quantities of materials and/or products designed, sold, distributed, and/or otherwise made available by us for any reason at any time at our sole and exclusive discretion.
We reserve the right to discontinue the sale and/or provision of any Products and Software designed, sold, distributed, and/or otherwise made available by us for any reason at any time at our sole and exclusive discretion.
Any offer for the sale of any Products designed, sold, distributed, and/or otherwise made available by us is void where prohibited.
5.1. Intellectual Property Rights Not Waived
This is an Agreement for access to and use of the Website, Software, and/or Products, and you are not granted a license to any software by these Terms of Use. The Website, Software, and/or Products are protected by New Zealand law and, where applicable, international intellectual property laws. The Website, Software, and/or Products belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Website, Software, and/or Products.
HaloGuard is the owner of the HaloGuard Software and shall be entitled to all proprietary rights that may exist in the services, including all legal rights, title, and interest in and to the services, and all intellectual property rights worldwide, regardless of whether registered / legally secured or not.
All material displayed or transmitted via the Website, Software, and/or Products, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by us and are protected by New Zealand and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the materials carried on the Website, Software and/or Products, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the material Any of the Materials accessed or downloaded from this site must be accessed or downloaded under these Terms of Use specified in this Agreement. We reserve any rights not expressly granted under these Terms of Use of use.
5.2. Feedback
In addition to Submissions, you may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, “Feedback.”) Should you provide such feedback you grant us sole ownership of the same, which includes without limitation the right for us or any Third Party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights in the content submitted by you, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, (b) you have no objection to the publication, use, modification, deletion, and exploitation of the content by us or our licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors, and assigns, from any claims that you could otherwise assert against us by any such moral rights. You also permit any other user to access, view, store, or reproduce the content for that user’s personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions, and the like relating to HaloGuard or its initiatives, (your “Ideas.”) Concerning your ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your ideas and that our review of your ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your ideas, whether based on your feedback or submissions, provided to us by Third Parties or independently developed or considered by us, shall be without obligation to you.
6.1. Third Party Advertisements and Promotions
We may, from time to time, run advertisements and promotions from Third Parties on the Website and/or the Software. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Third Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party advertisers on the Website and/or the Software.
6.2. Use of Third-Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third-Party provider(s).
We may also, in the future, offer new services and/or features through the Website, Software, and/or Products (including, the release of new tools.) Such new features and/or services shall also be subject to these Terms of Use.
6.3. Third-Party Links
Certain content, products, and services available via our Website, Software, and/or Products may include materials from third parties.
Third-party links on the Website and/or the Software may direct you to Third-Party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party materials or services, or any other materials, products, or services of Third-Parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any party with whom you connect via the services. Please review carefully the Third-Party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third-Party.
7.1. Disclaimer of Warranty; Limitation of Liability
(A) YOU AGREE THAT THE USE OF THE WEBSITE, SOFTWARE, AND/OR PRODUCTS IS AT YOUR SOLE RISK. NEITHER US NOR OUR AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE USE OF THE WEBSITE, SOFTWARE, AND/OR PRODUCTS SHALL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, SOFTWARE AND/OR PRODUCTS OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.
(B) ANY DOWNLOADABLE SOFTWARE, PRODUCTS, OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED 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 AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE OR AS TO ANY SERVICE OR PRODUCT PROMOTED OR LINKED TO VIA ANY THIRD-PARTY WEB SITE, SOFTWARE AND/OR SERVICES.
(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON AND TRANSMITTED VIA THE WEBSITE, SOFTWARE, AND/OR PRODUCTS ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THE WEBSITE, SOFTWARE AND/OR PRODUCTS.
(D) IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OF INFORMATION OR DATA, PERSONAL INJURY, ALLERGIC REACTIONS, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE AND/OR PRODUCTS.
(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORISED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY UTILISING THE WEBSITE, SOFTWARE, AND/OR PRODUCTS YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILISE THE WEBSITE, SOFTWARE AND / OR PRODUCTS
(F) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, SOFTWARE, AND/OR PRODUCTS OR ANY OTHER GRIEVANCE, SHALL BE YOUR DISCONTINUATION OF ACCESS TO OR UTILISATION OF THE WEBSITE, SOFTWARE, AND/OR PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive these Terms to the benefit of HALOGUARD, our affiliates and respective directors, officers, employees, and agents.
7.2. Indemnification
You agree to indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, Users, and agents, from and against all claims, suits, and expenses, including attorneys’ fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE, SOFTWARE AND/OR PRODUCTS; (B) your non-compliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; or (E) the unauthorized use of the WEB SITE, SOFTWARE AND/OR PRODUCTS by any other person using your information.
8.1. Governing Law
These Terms shall be governed and construed under the laws of New Zealand without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in New Zealand and any cause of action that relates to or arises from these Terms and/or the Website, Products, and/or the Software must be filed therein unless subject to the binding arbitration provisions of Section 8.2.
8.2. Meditation; Arbitration
The Parties agree to first mediate and then arbitrate that any dispute concerning, relating, or referring to these Terms and/or the Website, Products, and/or the Software shall be resolved exclusively by binding arbitration by the substantive laws of New Zealand. The arbitrator and not the local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary to preserve the status quo before the resolution of any dispute, in any jurisdiction.
8.3. Fees and Costs
In case arbitration, or other legal action is instituted to interpret or enforce any of the provisions of these Terms, the prevailing party therein shall be awarded all reasonable and necessary fees for investigations, depositions, as well as fees for accountants and witnesses (expert or otherwise) reasonably incurred by that Party in connection with such action, plus such sums as may be judged reasonable for that Party’s fees incurred before and throughout such action, including all hearings, trials, and appeals.
9.1. Customer Service
Should you have any questions, comments, or concerns regarding the Website, Products, and/or Software, customer service may be contacted at any time at info@haloguard.co.nz.
We strive to return all customer service inquiries within forty-eight (48) hours.
9.2. Affiliate Disclosure
We may have a commercial relationship with third parties and affiliates to whose products and/or services we link and promote through the Website, Products, and/or Software. Because of this relationship, we may earn a commission on products purchased by a user from a Third-Party affiliate.
9.3. Server Location; International Transfer
We operate globally so it is necessary to transfer your information internationally. In particular, your information will likely be transferred to and processed by AWS. Please be assured that we take reasonable steps to ensure that your privacy is protected. By using the Website, Products, and/or the Software you consent to your information being collected, used, and transferred as outlined in the Privacy Policy.
9.4. Authority
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable under its Terms.
9.5. Waiver
Any waiver of a right under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
9.6. Force Majeure
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalisations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
9.7. Assignment
We shall have the right to assign and/or transfer these Terms and our rights and obligations hereunder to any Third Party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms without our prior written consent in our sole and exclusive discretion.
9.8. Rights of Third Parties
These Terms do not give any right to any Third Party except any provision in these Terms.
9.9. Relationship of the Parties
The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between them. Neither Party has the authority to enter into Terms of any kind in the name of the other Party.
9.10. Severability
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
9.11. Updates & Effective Date
The effective date of these Terms is January 1, 2024. From time to time, we may update these Terms of Use by prominently posting a notice of update to the Website and Software and contacting you at the email you provided upon registration, so we encourage you to review them often.