These terms and conditions apply to the contract between Biggie Limited ("Biggie") and all users of Biggie Services.
Please read these Terms and Conditions carefully; they impose legal obligations on you. By using the Services, you are acknowledging that you have read and understood these Terms and Conditions of Use and agree to be legally bound by them.
The following terms shall have the following meaning:
Biggie Information means any information made available to the User through the Services;
Registered Person means a person that has registered to obtain the Services that are available free of charge;
Related Companies has the meaning ascribed to that term by section 2(3) of the Companies Act 1993;
Services means those of the services provided by Biggie and selected by the User;
Subscriber means a person that has subscribed to obtain Services, for which certain subscription fees as notified to the User are payable;
User means either a Registered Person or a Subscriber as the context requires;
Website means www.biggie.co.nz.
Biggie does not warrant that the Services or the Biggie Information will be error free or uninterrupted.
These terms and conditions apply to both private and business use of the Services. If the User is acquiring the Services for business purposes (as defined in the Consumer Guarantees Act 1993) then the Act does not apply.
All intellectual property in or relating to the provision of the Services or the way in which the Biggie information is provided and in the Website is owned by or licensed to Biggie or its Related Companies.
The User is permitted to store, manipulate, analyse, reformat, print and display the Biggie Information and use the Services only for the User’s personal use. In no event shall the User publish, sell, lease, disseminate, retransmit, redistribute, broadcast, circulate or otherwise reproduce, provide or permit access to any Biggie Information or the Services in any format to anyone. Except as permitted by this clause, no User shall use any Biggie Information or any of the Services in or in connection with any business or for providing a service to any person.
The User acknowledges that the Biggie Information and the Services are provided in respect of general information only and are not intended for any particular User.
Biggie is not responsible for the content of any third party web site linked to the Website and does not make any representation about the content or accuracy of the content of third party web sites. Biggie does not endorse or recommend any particular organization, individual, product, process or service that is linked to the Website.
Biggie does not give any warranties (including, without limitation, as to merchantability or fitness for a particular purpose or use). Without limitation to this clause, Biggie does not warrant that access to the Website will not expose the User to viruses or other harmful items and no assurance can be given that the Website or any linked website will not harm or cause loss to the User, or the User’s computer or network.
9.1 The User shall have a username and password (specified by the User) that enables the User to access the Services.
9.2 The User is responsible for maintaining the confidentiality of the username and password and is not entitled to disclose the username or password to any other person.
10.1 If the User is an individual, Biggie and its agents are authorised to collect information about the User. This information may be used for enabling access to the Services, statistical analysis, research and marketing purposes.
10.2 Under the Privacy Act 1993 the User can request access to and correction of any personal information held by Biggie about the User. Any such request must be in writing and Biggie, at its discretion, may charge for any costs reasonably incurred in responding to such a request.
Without prejudice to any other rights, Biggie may without notice terminate its contract with the User immediately if the User fails to pay any applicable subscription fees or to comply with any of these terms and conditions, or if Biggie ceases to supply any Services.
To the maximum extent permitted by law, Biggie excludes all and any liability to the User arising out of the contract between Biggie and the User. Notwithstanding and without limiting any provision of these terms and conditions, any claim brought by the User against Biggie must be served within one year following the date on which the cause of action accrued.
The User indemnifies Biggie against all and any losses, costs (including legal costs on a solicitor client basis), expenses and damages, whether direct or indirect, arising from or in connection with a claim by a third party against Biggie relating to Services obtained by the User.
The User may not assign its rights under the contract between Biggie and the User.
If any provision of these terms and conditions is found to be invalid or unenforceable to any extent, the remainder of the terms and conditions shall not be affected and shall remain enforceable to the greatest extent permitted by law.
Biggie reserves the right to alter pricing for products and services and these terms and conditions at any time. Biggie will endeavour to provide reasonable notice to the User of any variation by posting the new pricing or terms and conditions on the Website and/or by writing to the User at the last postal address, facsimile number or email address which the User has notified to Biggie.
These terms and conditions are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.