UNCLE PERCY LIMITED
WEBSITE TERMS AND CONDITIONS
Welcome to Uncle Percy.
These terms and conditions govern your use of this Website, whether you are a User or a Visitor.
1 TERMS AND CONDITIONS
1.1 Acceptance of terms and conditions
These terms and conditions (together with the other documents referred to in this clause) are the terms upon which Uncle Percy offers you access to the Website. By accessing and browsing the Website and/or registering as an Account Holder or making a Contribution, you acknowledge that you have read, understood and agree to be bound by:
(a) These terms and conditions;
(c) If you register as an Account Holder and/or make a Contribution, the User Agreement.
1.2 Variation of terms and conditions
We reserve the right to amend these terms and conditions and any Content from time to time, and will notify you of any amendments by posting the revised terms and conditions on this Website. Your continued use of the Website after such amendments have been posted will represent your agreement to be bound by the terms and conditions as amended.
1.3 Defined terms
In these terms and conditions, unless the context requires otherwise, capitalised terms have the meaning given in clause 10 (DEFINED TERMS.)
2 OPERATION OF SITE
2.1 Provision of Website
We will use reasonable endeavors to provide and maintain the Website. We cannot however guarantee that the Website will operate continuously or without interruptions.
2.2 Emails and newsletters
You agree that, if you register as an Account Holder and/or make a Contribution, you are consenting to us sending you emails relating to your registration, transactions and other activities on the Website, and for promoting and marketing our other products and services (and those of our affiliates and business partners) to you. We may also send electronic newsletters to Users. Newsletters and other electronic communications to you will contain clear instructions as to how to unsubscribe from our mailing list. At any time, you can also contact us in any of the ways specified on the “Contacts” page of the Website from time to time.
2.3 Your responsibilities
(a) Follow our reasonable directions about the use of the Website;
(b) Use the Website for lawful purposes only;
(c) Not interfere with, disrupt or access any part of the Website or the Content for which you have not been authorised by us in writing;
(d) Obtain and install at your expense communication and computer equipment as is necessary to enable you to access and use the Website; and…
(e) Comply with the operational rules (if any) and acceptable use policies (if any) as notified, published or adopted by us from time to time.
3 RESTRICTIONS ON USE OF SITE
3.1 Account Holders and Contributors
To register as an Account Holder or make a Contribution you must comply with the restrictions in the User Agreement.
We make no representation that the Content or the Website are appropriate or available for use in locations other than New Zealand, and accessing them from territories where their contents are illegal is strictly forbidden.
Those who access the Website from other locations do so on their own initiative and at their own risk and must ensure compliance with any applicable laws.
All monetary references on this Website are references to New Zealand currency.
3.3 Prohibition on spamming
You must not use the Website in a manner that violates any spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited electronic messages.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership of Website and Content
Title, ownership and all rights (including Intellectual Property Rights) in the Website and the Content shall remain at all times with us or our licensors.
4.2 No copying or modifying Content
You agree that the Content may not be copied, reproduced, distributed, republished, posted or transmitted in any form or by any means without our express written permission. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without our prior written approval. Some parts of the Content may only be viewed online. You must not take any steps to defeat any system controls preventing downloading or copying of Content.
5 PERSONAL INFORMATION
6 LINKS TO THIRD PARTY WEBSITES
The Website may contain links to websites controlled, owed or operated by third parties. We cannot control and have no responsibility for the accuracy or availability of information provided on third party websites. We shall have no liability of any nature whatsoever for any failure of products or services offered or advertised on third party websites.
7 WARRANTIES AND LIABILITY
Your experience of our Website and the services we provide is important to us.
You acknowledge, however, that use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis.
If you are a New Zealand resident consumer, you will have the rights given to you by the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ), subject to these terms and conditions. To the extent permitted by law, however, we disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. The Website may contain bugs, errors problems or other limitations. We assume no liability or responsibility for any errors or omissions relating to the Website or the Content. We make no warranty that the Website will be available at all times, timely, secure, virus-free, error-free, accurate or reliable.
You understand and agree that any Content downloaded or otherwise obtained through use of the Website is done at your own risk and that you will be solely responsible for any damage done to your computer system or loss of data that results from the download of such Content.
7.2 Limitation of liability
If you are an Account Holder you will have the rights set out in the User Agreement in respect of your Uncle Percy Account.
Otherwise, to the fullest extent permissible at law, we will not be liable for any direct, indirect, special, incidental, consequential or punitive loss or damages arising out of your access to, use of, inability to use or reliance on the Website even if we are advised of the possibility of such damages.
If you are dissatisfied with the Website, your sole and exclusive remedy is to discontinue using and leave the Website immediately.
No action regardless of form may be brought by you more than one year after the cause of action arose.
You agree to indemnify us and hold us harmless from and against any and all claims, losses (including consequential losses), expenses, demands and liabilities (including legal fees and disbursements on a solicitor and own client basis) incurred by us in connection with any claim by a third party (including any claim in relation to Intellectual Property Rights) arising out of:
(a) Your default or failure to perform your obligations under these terms and conditions;
(b) Any act or omission for which you are responsible at law; or
(c) Your use of the Website.
9.1 Suspension or termination of Website access
We may suspend or terminate your access to the Website at any time in whole or in part, with or without cause, in our absolute discretion and without notice or compensation. If you are an Account Holder or Contributor, this is subject to the terms of the User Agreement.
Covenants, conditions and provisions of these terms and conditions which are capable of having effect after termination of your access to the Website (including, without limitation, clauses 7, 8 and this clause) shall remain in full force and effect following such termination.
10 DEFINED TERMS
In these terms and conditions, unless the context requires otherwise:
Account Holder means a User who creates an Uncle Percy Account.
Content means all material that we have uploaded to the Website, including but not limited to text, data, articles, design, software, photos and images.
Contribution or Contribute means an instruction for payment to an Uncle Percy Account.
Contributor means a User who makes a Contribution to one or more Uncle Percy Accounts.
Intellectual Property Rights means all existing and future rights conferred under statute, common law and equity in and in relation to inventions, designs, trademarks, trade names, logos and get up, circuit layouts, confidential information and copyright and any other right granted by operation of law which confers protection on any written, artistic or other work created by intellectual effort and all associated intangible assets created as a by-product in relation to any work.
Savings Goal means the financial goal nominated by the Account Holder in respect of an Uncle Percy Account. A Savings Goal may be designated Public, Private or Friends & Family.
Trustee means Public Trust or such other person nominated from time to time by Uncle Percy to hold Contributions on trust for Account Holders.
Uncle Percy or we, us, our means Uncle Percy Limited, together with its successors and assigns.
Uncle Percy Account means an electronic product offered by Uncle Percy pursuant to which Contributors may make Contributions into an underlying trust account in the name of the Trustee for the benefit of the Account Holder.
User means an Account Holder or a Contributor.
User Agreement means the agreement governing the relationship between Account Holders, Contributors and Uncle Percy, available here: User Agreement
Visitor means a casual visitor to the Website.
Website means this website and all related systems, files, materials, features, components and programs.
You, your means you.
You agree that you will notify us in writing of any claim or dispute concerning or relating to the Website or the Content, and give us a reasonable amount of time to address your claim or dispute before initiating any legal action.
Any notice required to be served upon us in accordance with this agreement may be delivered by post, personal delivery or email to the addresses published on the “Contacts” page of the Website from time to time.
Any notice required to be served upon you in accordance with these terms and conditions may be delivered by email to the email address linked to your User profile (if any) or in such other manner permitted by law to your current address as notified to, or identified by, us from time to time.
If any provision (or part of any provision) of these terms and conditions is or becomes invalid or unenforceable to any extent, that provision (or the relevant part of the provision) shall be severed from the remaining terms and conditions, and the remaining terms and conditions will remain enforceable to the greatest extent permitted by law.
11.4 No waiver
Any failure or delay by us to exercise any power, remedy or right under these terms and conditions shall not constitute a waiver of that power, remedy or right.
11.5 Governing law
These terms and conditions are governed by and shall be construed in accordance with the law of New Zealand and you irrevocably submit to the non-exclusive jurisdiction of the Courts of New Zealand.