- Words importing the singular shall include the plural.
- Words importing the masculine gender shall be deemed and taken to include the female gender.
Except where the context indicates otherwise, the following words may be used interchangeably with the meanings ascribed to them:
- “Terms”, “Terms of Service”, “Terms and Conditions” shall mean the terms of this agreement.
- “Website”, “Service” shall mean theadamwolfson.com website (https://www.theadamwolfson.com) and any or all of the services or features offered on the Website.
WE ENCOURAGE YOU TO READ THESE TERMS BEFORE USING THE WEBSITE. THESE TERMS APPLY TO ALL USERS (CASUAL OR REGULAR) AND SUBSCRIBERS WHO ACCESS SERVICE. FAILURE TO READ THESE TERMS SHALL IN NO WAY WHATSOEVER BE CONSTRUED AS AN EXEMPTION OF ANY OF THESE TERMS.
BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO ACCEPT, COMPLY AND BE BOUND BY THE TERMS HEREOF. WE MAY, AT ANY TIME AND IN OUR SOLE DISCRETION MAKE CHANGES TO THIS AGREEMENT, IN PART OR IN WHOLE. ANY MODIFICATION/S SHALL BECOME IMMEDIATELY EFFECTIVE UPON THE POSTING OF THE MODIFIED AGREEMENT ON THE WEBSITE IRRESPECTIVE OF THE TERMS APPLICABLE PRIOR TO SUCH CHANGES AND WITHOUT ANY LIABILITY ON THE PART OF US. FURTHERMORE, YOUR CONTINUED ACCESS AND/OR USE OF THIS WEBSITE DEEMS YOU TO HAVE FAMILIARISED YOURSELF WITH ANY SUCH AMENDMENTS OR MODIFICATIONS AND INDICATES YOUR CONCLUSIVE ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE TERMS POSTED HEREIN.
- Copyright, Trademarks, Intellectual Property And Licences
All of the logos, content, images, software and code, publications, products and services, inter alia, posted on the Website, whether by and/or belonging to theadamwolfson.com, its associates, partners, affiliates or third party licensors, are the intellectual property of the respective entities and are protected by copyright and trademark laws and may not be copied, reproduced, modified, republished, posted, uploaded, distributed or transmitted in any manner whatsoever.
You may, solely for your personal and non-commercial use, share pages from the Website to social media sites as well as email, download and print such pages but you may not, under any circumstances whatsoever, modify or delete any copyright or proprietary notices from any materials.
- Warranties, Endorsements, Risk, Responsibility And Use Of The Website
Whilst we make every attempt to ensure the accuracy and completeness of any information provided on this website, we make no warranties or representations, express or implied, as to the accuracy or completeness of the information or its suitability for your intended use.
You assume total responsibility and risk for your use of the Service. The Service is provided by us “as is”. We make no warranties (express or implied), representations or endorsements whatsoever with regard to any products, information or service provided through the Website or on the internet generally (including but not limited to, warranties of title or nonbinding, or the implied warranties of merchantability or fitness for a particular purpose) and we shall not be liable for any cost or damage arising directly or indirectly from any transaction/s performed as a result of using any information provided on the Website. You are furthermore solely responsible to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, products, ideas and other information provided through the Service or on the internet generally. We assume no responsibility whatsoever for any interruption in the Service, and makes no warranties that the Service will be error-free or that any defects in the Service will be corrected.
- Limitation Of Liability
WE SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED BY THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, IRRESPECTIVE OF WHETHER WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY IN ANY WAY WHATSOEVER FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION PROVIDED BY OR DOWNLOADED VIA THE SERVICE.
Access to an external website via theadamwolfson.com is on the understanding that such external site is independent from us. We therefore makes no representations whatsoever nor accepts any responsibility for the content or use of such website or any website which may link to this Service.
You hereby agree to indemnify and hold harmless theadamwolfson.com, its directors, members, officers, employees, agents, licensors, suppliers and any third party information providers to the Service for, from, and against all losses, demands, claims, actions or causes of action, assessments, damages, liabilities, costs and expenses (including attorney’s fees), arising out of, asserted against, resulting from, imposed on, or otherwise, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
- Third Party Rights
The provisions of clauses 2 (Warranties, Endorsements, Risk, Responsibility And Use Of The Website), and 4 (Indemnity) are for the benefit of theadamwolfson.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Online Communication
Messages transmitted via forms on this website may not be secure. It is advisable not to send any confidential information to us via these forms, which should be used for the purpose of requesting contact from us. If you choose to send any messages to us using this method of communication, you accept the risk of interception, misuse and modification by a third party.
This Agreement shall be governed and construed in accordance with the laws of New Zealand. You agree that any legal action or proceedings between us and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively under the jurisdiction of the respective Court. Any latitude, relaxation or extension in time or any relaxation granted by us to insist upon or enforce strict performance of any of the terms or provisions of this Agreement shall in no way be construed as a waiver of any of its other rights that it may have in terms of any law, to enforce strict and punctual compliance with any of the other terms of this agreement. Neither the course of any conduct between the parties nor any trade practice shall be deemed to modify any provision of this Agreement in any way whatsoever. We may assign its rights and duties under this Agreement to any party at any time without notice to you. We have the right to reject, ban or block any computer or device at any given time that violates our terms and conditions.