1. Application of Terms
1.1 These Terms set out the rules that apply to your use of our Website. You agree to be bound by these Terms whether or not you have ticked (or otherwise confirmed) your acceptance if you:
a. access or use our Website;
b. access or use our Website on behalf of another person (for example, a company or your employer), you agree to these Terms on that person’s behalf (so that they are also bound by them) and you confirm that you are authorised to agree to these Terms on their behalf.
2. Changes
2.1 We reserve the right to change these Terms from time to time and can notify you that they have changed by placing a notice on our Website. The changes will take effect (and be binding on you) immediately unless the notice says otherwise. It is your responsibility to make sure that you keep yourself up to date with our Terms.
2.2 We reserve the rights to change, suspend, discontinue or restrict access to the Website without notice to you.
2.3 These Terms were last updated on 18/07/2024.
3. Definitions
3.1 In these Terms, unless the context requires otherwise, the following words (including any other grammatical form of those words) have the following meanings:
“Including” and similar words do not imply any limit
“personal information” means information about an identifiable, living person
“Terms” means these terms and conditions titled Spartistic Studios Limited Website Terms of Use
“We”, “Us” or “Our” means Spartistic Studios Limited or its licensors
“Website” means www.eohn.online
“You” refers to the Website user including any person using on behalf of another person
4. Intellectual Property Rights
4.1 Our website may include AI generated text and/or images, and all original content is protected to the fullest extent possible by copyright law. We own or are authorised users of intellectual property rights on this Website including rights in trade marks, information, data, text graphics, artwork, photographs, logos, icons, sound and video. Nothing in these Terms or our relationship with you constitutes a transfer of any intellectual property rights to you.
4.2 You may download or print the material on this Website but only for your own individual personal use unless expressly stated otherwise on the Website. All trade marks and copyright notices as they appear on this Website must be included in any copy you make.
4.3 Unless expressly stated otherwise on the Website, you must not copy, re-publish, adapt or amend any part of the material for commercial use, or for use by any other party, without our prior written consent.
5. Disclaimers
5.1 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:
a. the Website being unavailable (in whole or in part) or performing slowly;
b. any error in, or omission from, any information made available through the Website;
c. 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
d. 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.
5.2 We make no representation or warranty that the 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.
6. Liability
6.1 To the maximum extent permitted by law:
a. you use our Website at your own risk in all regards and
b. we accept no liability to you or any other person for any loss, damage or cost of any sort arising in connection with the use of, or reliance on, our Website. This exclusion of liability extends (without limitation) to any liability in contract, tort (including negligence), equity, breach of statutory duty or otherwise;
6.2 To the maximum extent permitted by law and only to the extent clauses 6.1 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 NZD100.
7. Data Collection and Privacy Policy
7.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example:
a. We may need to have your contact information in order to provide you with updates from our Website.
b. We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website.
c. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website.
7.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020 and Privacy Policy set out on our Website https://eohn.online/privacypolicy
8. Suspension and Termination
8.1 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).
8.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
9. General
9.1 These Terms and the use of our Website (and any dispute in relation to them) are governed by the law of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand.
9.2 Clauses in these Terms that are intended to survive termination of these Terms including Clause 4 will be enforceable after that termination or cessation.
9.3 If any part of these Terms is or becomes illegal, unenforceable or invalid that part is deemed to be modified to the extent necessary to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part must be treated for all purposes as severed from these Terms, but the rest of these Terms will not be affected.
9.4 These Terms set out everything the parties have agreed in relation to the subject matter they deal with, and you cannot rely on any warranty, representation or agreement not expressly set out in these Terms.
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