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1. What is the purpose of this agreement?
1.1 This agreement sets out the terms that apply to the relationship between you and your agent(s) and/or principal(s) (“you” and “your”) and Voiptel Limited and our agent(s) (“we”, “us” and “our”).
1.2 This agreement will bind you and your principal(s) and agent(s). In entering into this agreement as an agent you declare that you are authorised to:
- act for the owner of the property subject to our products and services; and
- enter into this agreement and contract for our products and services on the owner(s’) behalf.
2. What information about you can we collect?
2.1 You agree to provide us with and allow us to use all information necessary to give effect to this agreement and the provision of our products and performance of our services.
2.2 Unless your consent is withdrawn in writing, you agree to the disclosure of information:
a. to give effect to the provision of our products and services;
b. to enforce our obligations under this agreement or any additional agreement;
c. when authorised by you or required by law;
d. to assess credit worthiness; and
e. to market any of our products and services.
2.3 We will comply with the Privacy Act 1993. We will not use your information unless we have reasonably ensured it is accurate, complete, relevant and not misleading. If we give your information to another entity we will do everything reasonably within our power to prevent unauthorised use or disclosure of your information. You may access your information and ask us to correct any mistakes.
3. What are our products and services?
3.1 “Product(s)” and “service(s)” means and includes without limitation:
a. software, hardware, technology, units, systems, fixtures, fittings, equipment and accessories (whether separate, attached to something or the subject of our services) supplied by us;
b. supply, cloud services, storage, hireage, hosting, data recovery, advice, consulting, networking, support, service, repair, labour, delivery and installation; and
c. agency fees, charges and out of pocket expenses incurred by us,
that are identifiable in any document or electronic record issued by either party (all of which are deemed to be incorporated into and form part of this agreement) or as ours by marking or manner of storage.
4. What is the price?
4.1 The price is the cost of the products and services as agreed between you and us from time to time subject to GST and out of pocket expenses. If no price is stated, the price will be the standard amount at which we provide the products and services at the time of your order. The price is subject to reasonable change due to variations to the products and services to be provided or circumstances beyond our control.
5. What if we give you a quote?
5.1 All quotes will be exclusive of GST and remain valid for thirty (30) days from the date of the quote, unless agreed or stated otherwise.
5.2 You will be responsible for increased costs resulting from any subsequent changes to a quote due to any inadequate or inaccurate information, request/requirement for additional products and services, variations or delays caused by you or any other party beyond our control.
5.3 We may withdraw a quote at any time prior to your written acceptance of the same.
5.4 We may alter the quote due to circumstances beyond our control or clerical or computer error.
6. When and how do you pay us?
6.1 You agree to pay us in full and without set-off, deduction, counterclaim or retention:
a. for credit account holders - on or before the 20th day of the month following the date of our invoice, unless agreed otherwise;
b. for those without credit accounts – on delivery/pick up of the products, unless agreed otherwise;
c. interest on any amount you owe after the due date at 2.5% per month/part month;
d. expenses incurred as a result of enforcing any of our rights contained in this agreement including PPSR registration, debt collection and legal fees; and
e. a deposit as required.
6.2 You agree to us allocating or reallocating any payment received from you towards any invoice. If no allocation is made then it is deemed to be in such a way that preserves the maximum value of our purchase money security interest in the products.
6.3 If paying by credit card, we may require a retention equal to the value of the products and services and deduct the same from your credit card. Each credit card payment will incur a surcharge of 2.5% of the value of the payment.
6.4 You will be responsible for payment for our products and services:
a. if a third party that you expect to pay you or us fails to pay; and
b. irrespective of whether or not you or a third party uses the products and services.
6.5 You acknowledge that any products and services provided or installed by Chorus Limited will be invoiced by us in accordance with Chorus Limited’s payment requirements, which may include invoicing from the date that Chorus Limited installs any products, irrespective of whether or not you use the products and/or services.
7. What warranties and limitations apply?
7.1 Manufacturers’ and third party warranties (where applicable) and any written warranty provided by us.
7.2 If you are in trade and/or are a business, you agree that the parties contract out of the Fair Trading Act 1986 and Consumer Guarantees Act 1993 and Sale of Goods Act 1908 to the extent permissible by law.
7.3 We are not liable for loss of data or system failure, attack, sabotage, hacking or corruption caused by factors outside our reasonable control.
7.4 Samples shown to you may differ from products provided to you.
7.5 We are not liable for delay or failure to perform our obligations if the cause is beyond our reasonable control such as supplier delays.
7.6 Subject to applicable insurance and 7.1-7.5, if we are deemed liable for loss or damage of any kind, however arising including from provision of products and services to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract tort or otherwise, our total liability is limited to the value of the fees for products and services provided to you in the six months preceding the date the liability arises.
8. What if you wish to make a claim in relation to our products and services or return a product?
8.1 Headsets cannot be returned unless due to fault/defect.
8.2 Subject to 8.1, claims in relation to our products and services are subject to the following:
a. for claims relating to faulty/defective products and services, you notifying us within the applicable warranty period;
b. for claims not relating to faulty/defective products such as short or incorrect supply, you notifying us within seventy-two (72) hours of delivery/installation;
c. the products having been used in accordance with the manufacturer’s/our instructions and not having been subject to abuse, neglect, lack of maintenance, misuse, accident or modification or work by an unauthorised third party;
d. the costs of return of a product being your sole responsibility;
e. us repairing or replacing defective products or performing further services at our discretion; and
8.3 Any products the subject of a claim under 8.2 cannot be destroyed or removed from the premises until we have inspected the same or waived our right to do so in writing.
9. When will the products and services be provided?
9.1 We will use our best endeavours to deliver the products and services at the time agreed between you and us; however, the time of delivery is not an essential term of this agreement and if you fail to accept delivery then the products will be deemed to be delivered at the agreed time. We may partially deliver products listed in one order and if we fail to deliver an instalment that failure will not give rise to a right of cancellation.
9.2 Delivery is complete when we give the products to you, give the products to a third party carrier, or leave the products at the delivery site or your premises.
9.3 We are responsible and assume risk for the products until delivery in accordance with 9.2, or the passing of ownership under 12.1, whichever comes first. For the avoidance of doubt, all products are at your risk while on your premises or premises under your control.
10. For what are you responsible?
10.1 You are responsible for and warrant that all:
- sites subject to our products and services comply with all relevant health and safety requirements;
- you have and will continue to provide us with all information and assistance relevant to providing our products and services and that information, plans and drawings on which we base our products and/or services are accurate and complete. We are not liable for variations and additions to our products and services where such is the result of inaccuracy or incompleteness and you will be responsible for the cost of additional products and services required to remedy any issues; and
- all data is protected, secure and backed up. We are under no liability in respect of the loss of or damage to any data.
10.2 We will not be liable for any loss or damage resulting from you not meeting your obligations under 10.1.
11. What if you hire products from us?
11.1 The hire fee will be agreed between you and us from time to time. If no fee is agreed, the fee will be the standard amount at which that we lease the products at the start of the hire period. The fee is subject to reasonable change due to variations to the products to be provided or circumstances beyond our control.
11.2 The hire period for the products shall start when the products are delivered in accordance with 9.2 and shall continue until we have receipted the products into our possession. You will be liable for the cost of return and the cost of cleaning the products if returned in a dirty condition, unless agreed otherwise.
11.3 During the hire period you will at your expense:
- keep the goods in proper working order and maintain the goods in good and clean condition provided that you will notify us in writing of any repair work;
- take proper care of and use the products in a manner or to such an extent that a reasonable customer would and according to any manufacturer’s/our specifications and instructions;
- be liable for the products until they are receipted by us and any remedial and/or replacement costs will be your responsibility; and
- protect the products from loss or damage (except fair wear and tear), abuse and misuse, and will immediately advise us of any damage to the products. You will be liable for any damage to or loss of the products however caused and will pay to us the cost of making good the repair to the products or the cost of replacing the products, whichever is required.
11.4 You will not alter, interfere with or modify the products.
11.5 You must not deal with the products in any way that is considered detrimental to us. You must not part with possession of or remove the products or any part of the same from the site where they are to be held without our previous written consent. You must not part with possession of the site without giving us at least seven (7) days’ written notice of your intention to do so.
11.6 You must at all times maintain the products at the location of the site in which the products are installed and must not tamper with or alter any attachments including safety notices.
11.7 You irrevocably authorise us or our agent at all reasonable times to periodically enter the site to inspect, repair, maintain and test the products.
11.8 We entitled to hold a security interest over any products that you hire for a term longer than one (1) year.
11.9 You must comply with all relevant health and safety regulations, requirements and law.
12. What ownership and security rights do we have?
12.1 We retain ownership of and hold a security interest in all products until you have paid us in full for all products and services provided to you. While we retain ownership, you will store all products in such a way that our interests are protected and they can be identified as provided by us.
12.2 You agree that we hold a security interest in all of your present and after acquired property connected with all products and services provided to you, and:
a. authorise us to register a financing statement and charge on the Personal Property Securities Register, and provide all information and signatures necessary to effect the same;
b. will not register a financing charge or statement or charge demand in respect of products without our prior written consent;
c. waive your entitlement under s 148 of the Personal Property Securities Act 1999 (PPSA) to receive a copy of a verification statement where we have registered our interest;
d. that both parties contract out of s 114(1)(a), 133 and 134 of the PPSA;
e. waive your rights as listed under s 107(2) of the PPSA; and
f. give us seven (7) days prior written notice of any proposed change in your name or details such as contact information.
12.3 You agree that your failure to pay for the products and services by the due date may give rise to a legal or equitable estate or interest in your land on which the products and services were carried out and affixed and that the interest entitles us to register a caveat against your land.
12.4 Where applicable, we own all existing and new intellectual property rights connected to the products and services. You fully indemnify us for any intellectual property infringements we may make when acting in accordance with your instructions and may use the goods only if paid in full and for the purpose for which they were intended and supplied by us.
13. What if you want to vary the products and services to be provided?
13.1 All requests and orders are subject to these terms and no products or services may be varied unless both parties agree to the variation in writing within 7 days of placing the order/request. If we have reasonably relied on your original instructions then you will be responsible for payment of the original price of the products and services. Any price provided in a quote will be voided by variation to the products and services.
14. When can a party cancel this agreement?
14.1 Subject to 14.2-14.5, either party may cancel this agreement at any time by giving twenty-one (21) days prior written notice.
14.2 We have the right by seven (7) days written notice to suspend or cancel wholly or in part this or any agreement for the provision of products and services and/or close your credit account if you default by:
a. failing to pay or indicating you will not pay any sum owing by the due date;
b. any of your creditors seizing or indicating they will seize any products;
c. products in your possession becoming materially damaged while any amount remains unpaid;
d. being bankrupted, insolvent, under statutory management or put into liquidation;
e. a receiver being appointed over or a landlord possessing any of your assets;
f. a court judgment entered against you remaining unsatisfied for seven (7) days;
g. breaching the terms of this agreement; and
h. an adverse material change in your financial position.
14.3 If you default we may exercise a lien against any products in our possession.
14.4 You agree that if you default and the default is not remedied within seven (7) days, we may enter any premises occupied by you to inspect or repossess any products. You will provide reasonable access to such premises and do all things necessary to give effect to our rights and obligations. We may re-sell any products and credit the net sale proceeds to your account for the invoice value less adjustment for the condition of the products.
14.5 Cancellation under 14.1 or cancellation or suspension under 14.2 will not affect either party’s claim for any amount due at the time of cancellation or suspension, damages for any breach of obligations under this agreement and any other legal rights either party may have. Upon cancellation of this agreement any amount owed by you for products and services provided up to and including the date of cancellation will become immediately payable and current orders and services will terminate.
15. Does a personal guarantee apply?
15.1 If you are a director of a company or the trustee of a trust in exchange for us agreeing to supply services and/or grant credit to the company or the trust, you also sign this agreement in your personal capacity (jointly and severally) and unconditionally and irrevocably personally undertake as principal debtors to pay everything that the company or trust owes us and to indemnify us against non-payment and/or default.
15.2 Any personal liability of you as director or trustee under clause 14.1 will not exclude the company or trust from the liabilities and obligations contained in this agreement. You will be a principal debtor and not a mere surety. You will not be released from liability under this clause by the granting of time or indulgence, any amendment to these terms or any other security interest, or any matter whatsoever.
15.3 The terms, rights and obligations under 15.1 and 15.2 will continue to apply notwithstanding changes to these terms in accordance with 16.9 and/or prior dealings
16. What else is agreed?
16.1 We may outsource (contract out) part of the work required to perform our services, you agree to pay for all amounts due in connection with the same.
16.2 A failure by either party to enforce any of the terms of this agreement will not be deemed to be a waiver of any of the rights or obligations under this agreement.
16.3 Neither party may assign or transfer their rights or obligations under this agreement to any other party without our prior written consent.
16.4 If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected.
16.5 This agreement supersedes all prior agreements, representations and warranties. Any instructions we receive from you and all arrangements between the parties are subject to these terms.
16.6 Neither party will be liable for any act, omission or failure by that party under this agreement if that act, omission or failure results directly from an event or circumstances beyond the reasonable control of that party, provided that whenever that party becomes aware that such a result has occurred or is likely to occur, that party will notify the other party in writing. Should such an event occur, each party will continue to use its best endeavours to perform its obligations as required under this agreement and take all reasonable steps to abate the event.
16.7 If a dispute arises between the parties either party must notify the other in writing within seven (7) days of the dispute arising. The parties will endeavour to resolve the dispute by negotiation within seven (7) days of receiving notice. If the parties cannot resolve the dispute then each party will have the right to refer the dispute for mediation or arbitration at any time. The arbitration will be undertaken in accordance with the Arbitration Act 1996. The presence of a dispute will not affect either party’s claim for any amount due, damages for any breach of obligations under this agreement and any other legal rights either party may have.
16.8 Documentation related to this agreement may be served on you by email.
16.9 We will notify you of any changes to these terms and publish the same on our website - continued provision of products and services will be subject to your signed or written acceptance of the same. All other variations must be mutually agreed in writing.


AGREEMENT BETWEEN USER AND Voiptel New Zealand

The Voiptel New Zealand Web Site is comprised of various Web pages operated by Voiptel New Zealand.

The Voiptel New Zealand Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Voiptel New Zealand Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Voiptel New Zealand reserves the right to change the terms, conditions, and notices under which the Voiptel New Zealand Web Site is offered, including but not limited to the charges associated with the use of the Voiptel New Zealand Web Site.

LINKS TO THIRD PARTY SITES

The Voiptel New Zealand Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Voiptel New Zealand and Voiptel New Zealand is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Voiptel New Zealand is not responsible for webcasting or any other form of transmission received from any Linked Site. Voiptel New Zealand is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Voiptel New Zealand of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Voiptel New Zealand Web Site, you warrant to Voiptel New Zealand that you will not use the Voiptel New Zealand Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Voiptel New Zealand Web Site in any manner which could damage, disable, overburden, or impair the Voiptel New Zealand Web Site or interfere with any other party's use and enjoyment of the Voiptel New Zealand Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Voiptel New Zealand Web Sites.

USE OF COMMUNICATION SERVICES

The Voiptel New Zealand Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Voiptel New Zealand has no obligation to monitor the Communication Services. However, Voiptel New Zealand reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Voiptel New Zealand reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Voiptel New Zealand reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Voiptel New Zealand's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Voiptel New Zealand does not control or endorse the content, messages or information found in any Communication Service and, therefore, Voiptel New Zealand specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Voiptel New Zealand spokespersons, and their views do not necessarily reflect those of Voiptel New Zealand.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Voiptel New Zealand OR POSTED AT ANY Voiptel New Zealand WEB SITE

Voiptel New Zealand does not claim ownership of the materials you provide to Voiptel New Zealand (including feedback and suggestions) or post, upload, input or submit to any Voiptel New Zealand Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Voiptel New Zealand, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Voiptel New Zealand is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Voiptel New Zealand's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Voiptel New Zealand WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Voiptel New Zealand AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Voiptel New Zealand WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Voiptel New Zealand WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Voiptel New Zealand AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Voiptel New Zealand WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Voiptel New Zealand AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Voiptel New Zealand AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Voiptel New Zealand WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Voiptel New Zealand WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Voiptel New Zealand WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Voiptel New Zealand WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Voiptel New Zealand OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Voiptel New Zealand WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Voiptel New Zealand WEB SITE.

SERVICE CONTACT : MarkW@spwd.co.nz

TERMINATION/ACCESS RESTRICTION

Voiptel New Zealand reserves the right, in its sole discretion, to terminate your access to the Voiptel New Zealand Web Site and the related services or any portion thereof at any time, without notice. GENERAL  Use of the Voiptel New Zealand Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Voiptel New Zealand as a result of this agreement or use of the Voiptel New Zealand Web Site. Voiptel New Zealand's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Voiptel New Zealand's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Voiptel New Zealand Web Site or information provided to or gathered by Voiptel New Zealand with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Voiptel New Zealand with respect to the Voiptel New Zealand Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Voiptel New Zealand with respect to the Voiptel New Zealand Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Voiptel New Zealand Web Site are: Copyright 2019 by Voiptel Ltd and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.