Welcome to My Saddle fit!
These terms and conditions outline the rules and regulations for the use of My Saddle Fit’s Website, located at https://mysaddlefit.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use My Saddle fit if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of New Zealand. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, My Saddle Fit and/or its licensors own the intellectual property rights for all material on My Saddle fit. All intellectual property rights are reserved. You may access this from My Saddle fit for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from My Saddle fit
- Sell, rent or sub-license material from My Saddle fit
- Reproduce, duplicate or copy material from My Saddle fit
- Redistribute content from My Saddle fit
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. My Saddle Fit does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of My Saddle Fit,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, My Saddle Fit shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
My Saddle Fit reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant My Saddle Fit a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of My Saddle Fit; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to My Saddle Fit. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of My Saddle Fit’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
7.1 We (including our officers, employees and agents) will not be liable (whether in contract, tort or otherwise whatsoever) to you or any third party claiming through you, for any direct, indirect or consequential damage, loss, cost or expense (including loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had) arising from your use of our Website, its Content, or our Services.
7.2 If a court of competent jurisdiction holds us (or any of our officers, employees or agents) liable in respect of any matter arising under or incidental to these Terms, our liability will be limited to the amount of charges and other payments made by you to us in the three month period immediately before the date upon which the event causing your loss occurred.
7.3 In respect of our Services, if any term, condition or warranty is implied into these Terms which by law cannot be excluded, but may be limited, then, subject to that law, our liability in respect of such term, condition or warranty (including to any person claiming through you) is limited, at our option, to either:
(a) resupplying our services on substantially similar terms; or
(b) payment of the cost of having Services supplied on substantially similar terms.
7.4 To the maximum extent permitted by law we exclude all implied representations and warranties in respect of the use of our Website or our Services to the fullest extent permitted by law.
7.5 If you are using our Website or our Services for purposes other than in relation to a business, then we accept that you may have rights under the Consumer Guarantees Act 1993 or other legislation. Nothing in these Terms is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit in accordance with clauses 23 to 26.
RESERVATION OF RIGHTS
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
6.1 We disclaim any liability in relation to:
(a) the content of any third party website which may be linked to our Website at any time;
(b) information which is obtained from third parties and which we may post on our website at any time;
(c) the acts or omissions of any third parties, in relation to any default by them in relation to the provision of, or access to, our services;
(d) the content of any communication (whether voice, data or otherwise) which you send or receive using our Services; and
(e) any corruption or loss of data or other content which you or anyone else may experience as a result of using our Services.
6.2 We do not represent or warrant that:
(a) you will be able to access and use our Services; or
(b) data or other content which relates to you will be stored indefinitely.
6.3 We may store such data for a reasonable period of time (which may vary depending on the service) and may then delete such data without notice to you and without your prior consent.
We will provide the Services which you subscribe for with reasonable care and skill and within a reasonable timeframe unless we expressly state otherwise. We do not represent or warrant that the Services offered or supplied by us will:
(a) operate on a continuous or fault free basis; or
(b) at any particular time or location;
(c) be secure or private; or
(d) be free of viruses or other harmful features.
3.2 We will use all reasonable endeavours to restore any service outages as soon as reasonably possible.
3.3 While we endeavour to keep our Website and its Content up to date and accurate, we do not represent or warrant that all Content displayed on our Website is up to date or accurate at all times.
3.4 My Saddle Fit will not responsible for:
(a) any device or other equipment which is not owned or supplied by us, and if it is supplied by us, then we are only responsible in accordance with the express terms of supply, or as set out in these Terms;
(b) any use of our services in a manner which is inconsistent with the directions or instructions for use or which is contrary to these Terms or our Terms of Trade.
4.1 If you use our Website, any Content or our Services, you must:
(a) comply with these Terms as well as the Terms of Trade at all times;
(b) ensure all information you supply to us is current, complete, accurate and is provided in a timely manner;
(c) comply with all applicable laws, regulations, standards and codes including but not limited to the Crimes Act 1961, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Privacy Act 1993;
(d) ensure that anyone who uses our Services as provided to you does so in accordance with these Terms and our Terms of Trade; and
(e) ensure that any Security Information is kept confidential at all times and not disclosed to third parties.
5.1 You must only use our Website and its Content:
(a) to learn and use our Services;
(b) to subscribe for, use or pay for our Services;
(c) as may be expressly directed in our Website; or
(d) for your own internal business purposes.
(a) your right to use that software is limited to the license terms and conditions;
(c) you will not reverse engineer, decompile, reproduce or redistribute the software or any component;
(d) we do not guarantee or warrant that any such software will be compatible with, or will operate on your device; and
(e) we may revoke your right to use any such software at any time by sending you notice to this effect (whether verbally, electronically, or by letter), and upon receipt of such notice, you will immediately cease using or in any way dealing with the software.
5.4 You must not use our Website, the Content or Services:
(a) in breach of any legislative or regulatory provision or for any other unlawful act; or
(b) to damage or disrupt our Website, its Content, or any Services; or
(c) for running any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software; or
(d) for introducing any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else’s network or computer system.
5.5 We own or otherwise have the right to use the intellectual property rights with respect to the Content, any software supplied by us, and any personal identifiers (including addresses) (collectively “our Intellectual Property”). You acknowledge and accept that we are either the owner, or otherwise have the right to use our Intellectual Property and that you will not assert any claim or interest in or to our Intellectual Property, other than in relation to those rights which are expressly provided to you in these Terms or pursuant to our Terms of Trade.
5.6 You must not copy or reproduce (whether digitally, electronically, by framing or linking, or in hard copy or by any means whatsoever) or in any way use any of our Intellectual Property without our prior written consent, unless such coping, reproduction or use is required for the purpose of using our Services.