Website Terms of Use

This website (Site) is operated by Rex Bionics Limited (referred to in these Terms of Use as Rex, we, our or us).  Your use of the Site is governed by these Terms of Use.  By accessing and browsing the Site, you agree to be bound by these Terms of Use.

1.      Intellectual Property

All intellectual property on the Site, including the text, graphics, trade marks, logos and copyright works, is owned by us or our content suppliers or licensors.

2.      Right to Use Site and Content

You may access, view, reproduce, download and print the content on the Site for the purpose of obtaining information about us and the products and services we provide and any other non-commercial purposes. To the extent permitted by applicable law, any other distribution, copying, reproduction, reselling, publishing, transmitting or storage of the content on the Site is prohibited, except with our express prior written permission.

3.      Use on Behalf of Organisation

If you, the individual accessing and/or using the Site, does so for or on behalf of an organisation, you warrant that you have the appropriate authority and power to do so on behalf of that organisation and are authorised to accept these Terms of Use on behalf of the organisation.

4.      Your Responsibilities

You agree to use the Site only for the purposes for which it is being provided.  You must not use the Site for any improper, injurious, offensive or unlawful purposes.  You must not damage or disrupt the Site.

You are responsible for any actions you take based on services or information obtained through the Site, and all outcomes resulting from your use of those services or information.

You are also responsible for providing all technology, hardware, software and telecommunication facilities in order to access and use the Site.

You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to the Site or any of the services or information made available to you through the Site.

5.      Communication from Rex

You agree that Rex or its associated companies may send you messages about products or services available from Rex or its associated companies to electronic addresses (including email addresses) provided by you in connection with the Site.

If you wish to unsubscribe from any such emails, or any other services, please click on the “Unsubscribe” message that accompanies the relevant material (or contact us at info@rexbionics.com).

6.      Disclaimers

The material provided on the Site is for general information purposes only.  Any statements by third parties, in any material appearing on the Site, are their own views and not those of (nor are they endorsed by) Rex. You must make your own assessment of the suitability and appropriateness of the material, products and services on the Site for their particular use.

Rex does not warrant that the Site and/or your use of the Site will be faultless, immediate, continuous or virus-free, or that information provided by Rex through the Site (including the stated availability or unavailability of products and services) will be complete, accurate or up-to-date.  Rex has no liability or responsibility for any errors or omissions in the content on the Site.

Internet transmissions are never entirely secure or private.  Accordingly, Rex does not warrant that any information you provide through the Site will not be read or intercepted by others.  Rex will not have any liability for the interception, ‘hacking’ or other unauthorised access of information provided through the Site.

7.      All Liability Excluded

To the fullest extent permitted by law:

 7.1    Rex will not be liable for any loss, damage, cost or expense of any kind, whether direct, indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in connection with your access to, or use of, the Site or the content on or accessed through it; and

 7.2    all warranties, representations and guarantees relating to the Site or the content on it (whether express or implied, by statute or otherwise, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights), other than those expressly set out in these Terms of Use, are excluded.

The exclusions and limits set out in these Terms of Use will also operate for the benefit of Rex’s relevant suppliers, licensors and agents.

8.      Indemnity

You agree to indemnify Rex and Rex’s related or associated companies, relevant suppliers, licensors and agents (each an Indemnified Party) in respect of any loss, damage, cost or expense (including legal costs on a solicitor and own client basis) suffered or incurred by the Indemnified Party as a result of any:

8.1     breach by you of any of your obligations under these Terms of Use;

8.2    any of your negligent acts or omissions; or

8.3    claim, suit or action brought against the Indemnified Party by a third party that the Indemnified Party’s use of any material provided by you in connection with the Site infringes that third party’s intellectual property rights.

9.      Third Party Websites

The Site may contain links to third party websites.  These websites have not been prepared, and are not controlled, by us.  The links are provided for your convenience only, and do not imply that we check, endorse, approve or agree with any third party website (or the content on such website) that the Site links to.

 10.     Hyperlinking

You may not link your website to the Site without our prior written consent.  If you wish to link to any part of the Site, please email your request to info@rexbionics.com.  Rex reserves the right to prohibit links to the Site and you agree to immediately remove or cease any link upon written request from Rex.

11.      Privacy Policy

Our Privacy Policy governs the collection, use, storage and disclosure of personal information by Rex.  By accessing and browsing the Site, you confirm that we may deal with your personal information in accordance with our Privacy Policy.

Where you provide personal information to obtain any service or information through the Site, that personal information must be correct, complete and up-to-date when you provide it.  You agree to advise Rex as soon as possible if the personal information provided changes, or you become aware of any inaccuracy in the personal information you have provided.  If you are providing personal information relating to any person other than yourself, you warrant that you are authorised to provide that information.

12.     Confidentiality and Statements

Subject to the Privacy Policy, any communication or material transmitted to us in connection with the Site (including by email) will be treated as non-confidential and non-proprietary.  Anything you transmit, including ideas, suggestions, information or other material becomes the property of Rex and may be used, reproduced, published, modified, adapted and transmitted without restriction.

13.     Governing Law

The Site and these Terms of Use are governed by the laws of New Zealand (without reference to conflicts of laws principles), and all matters or disputes connected with the Site or these Terms of Use will be dealt with by the New Zealand courts.

14.     Amendments

Rex may at any time amend these Terms of Use with immediate effect once uploaded to the Site.  You are deemed to have agreed to the amended Terms of Use if you continue to use the Site after any such amendment.

15.     Interpretation

 In these Terms of Use, unless the context otherwise requires, you means:

15.1    the individual who accesses and/or uses the Site; and

15.2   where an individual accesses and/or uses the Site for or on behalf of an organisation, the organisation on whose behalf such access or use is made,

in each case, jointly and severally (and references to your and yourself have corresponding meanings).

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