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Level 3,49 Parkway Drive, Rosedale, North Shore, Auckland 0632

BBX TERMS AND CONDITIONS OF USE

Welcome to BBX. 


By signing up for a BBX Account or by using the BBX Website (as defined below), you are agreeing to be bound by the following Terms and Conditions of Use.

 

As used in these Terms and Conditions, “we”, “us” and “our” means BBX, and “you” and “your” means the BBX account user or BBX account applicant.

 

As used in these Terms and Conditions, any references to “website” or “our website" means the BBX Website and BBX Mobile Application. 

 

INTRODUCTION

1.1. These terms and conditions govern your use of our website and mobile application.

1.2. By using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of them, you must not use our website and software.

1.3. Registration with our website, submission of any material to our website, or use of our website services requires your express agreement to these terms and conditions.

1.4. Our website uses cookies. By using our website or agreeing to these terms and conditions, you consent to our use of cookies per our updated privacy policy.             

 

COPYRIGHT NOTICE

2.1. Subject to the express provisions of these terms and conditions:

(a) we own and control all the copyright and other intellectual property rights in our website and the material on our website; and,

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

LICENCE TO USE WEBSITE

3.1. You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and,

(e) use our website services via a web browser, subject to these terms and conditions.

3.2. Except as expressly permitted by these terms and conditions, you must not download or save any material from our website.

3.3. You may only use our website for your own personal and business purposes, not for any other purposes.

3.4. Except as expressly permitted by these terms and conditions, you must not edit or modify any material on our website.

3.5. Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website;

(b) sell, rent, or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or,

(e) redistribute material from our website.

 

ACCEPTABLE USE

4.1. You must not:

(a) use our website in any way that causes damage or impairs its performance, availability, or accessibility;

(b) use our website unlawfully, illegally, fraudulently, or harmfully;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any malicious software;

(d) conduct unauthorized data collection activities on our website;

(e) access our website using automated means without our express written consent;

(f) violate any directives related to internet protocols;

(g) use data from our website for direct marketing activities without consent.

4.2. You must not use data from our website to contact individuals, companies, or other entities without permission.

4.3. All information you provide to us through our website must be true, accurate, current, complete, and non-misleading.

 

REGISTRATION AND ACCOUNTS

5.1. To register for an account on our website, complete and submit the account registration form, and documentation, and verify your email as instructed.

5.2. Do not allow any other person to use your account to access the website.

5.3. Notify us immediately in writing if you become aware of any unauthorized use of your account.

 

USER LOGIN DETAILS

6.1. Upon registering, you will either be provided with or asked to choose a user ID and password.

6.2. Your user ID must not be misleading and must comply with our content rules; impersonation of any person is prohibited.

6.3. Keep your password confidential.

6.4. Notify us immediately in writing if you become aware of any disclosure of your password.

6.5. You are responsible for any activity on our website arising from your failure to keep your password confidential.

 

CANCELLATION AND SUSPENSION OF ACCOUNT

7.1. We may suspend, cancel, or edit your account at our discretion without notice or explanation.

7.2. You may initiate cancellation of your account by informing BBX in writing.



YOUR CONTENT: LICENCE 

8.1 Your content means the details and images of your business services and products uploaded on the website by you, or by BBX on behalf of you. 

8.2 You may edit your online content to the extent permitted using the editing functionality 

made available on our website.

8.3 Without prejudice to our other rights under these terms and conditions, if you 

breach any provision of these terms and conditions in any way, or if we 

reasonably suspect that you have breached these terms and conditions in any way, 

we may delete, unpublish or edit any or all of your online content.

 

LIMITED WARRANTIES 

9.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or,

(c) that the website or any service on the website will remain available.

9.2 We reserve the right to discontinue or alter any or all of our website services, and 

to stop publishing our website, at any time in our sole discretion without notice or 

explanation; and save to the extent expressly provided otherwise in these terms 

and conditions, you will not be entitled to any compensation or other payment 

upon the discontinuance or alteration of any website services, or if we stop 

publishing the website.

9.3 To the maximum extent permitted by applicable law and subject to Section 10.1, 

we exclude all representations and warranties relating to the subject matter of 

these terms and conditions, our website and the use of our website.

 

LIMITATIONS AND EXCLUSIONS OF LIABILITY 

10.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from 

negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or,

(d) exclude any liabilities that may not be excluded under applicable law.

10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere 

in these terms and conditions: 

(a) are subject to Section 10.1; and,

(b) govern all liabilities arising under these terms and conditions or relating to 

the subject matter of these terms and conditions, including liabilities arising 

in contract, in tort (including negligence) and for breach of statutory duty, 

except to the extent expressly provided otherwise in these terms and 

conditions.

10.3 To the extent that our website and the information and services on our website are 

provided free of charge, we will not be liable for any loss or damage of any 

nature.

10.4 We will not be liable to you in respect of any losses arising out of any event or 

events beyond our reasonable control.

10.5 We will not be liable to you in respect of any business losses, including (without 

limitation) loss of or damage to profits, income, revenue, use, production, 

anticipated savings, business, contracts, commercial opportunities or goodwill.

10.6 We will not be liable to you in respect of any loss or corruption of any data, 

database or software.

10.7 We will not be liable to you in respect of any special, indirect or consequential 

loss or damage.

10.8 You accept that we have an interest in limiting the personal liability of our 

officers and employees and, having regard to that interest, you acknowledge that 

we are a limited liability entity; you agree that you will not bring any claim 

personally against our officers or employees in respect of any losses you suffer in 

connection with the website or these terms and conditions (this will not, of 

course, limit or exclude the liability of the limited liability entity itself for the acts 

and omissions of our officers and employees).

 

BREACHES OF THESE TERMS AND CONDITIONS 

11.1 Without prejudice to our other rights under these terms and conditions, if you 

breach these terms and conditions in any way, or if we reasonably suspect that 

you have breached these terms and conditions in any way, we may: 

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they 

block your access to our website;

(f) commence legal action against you, whether for breach of contract or 

otherwise; and/or,

(g) suspend or delete your account on our website.

11.2 Where we suspend or prohibit or block your access to our website or a part of our 

website, you must not take any action to circumvent such suspension or 

prohibition or blocking.

 

VARIATION 

12.1 We may revise these terms and conditions from time to time.

12.2 If you have given your express agreement to these terms and conditions, we will 

ask for your express agreement to any revision of these terms and conditions; and 

if you do not give your express agreement to the revised terms and conditions 

within such period as we may specify, we will disable or delete your account on 

the website, and you must stop using the website.

 

ASSIGNMENT 

13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal 

with our rights and/or obligations under these terms and conditions. 

13.2 You may not without our prior written consent assign, transfer, sub-contract or 

otherwise deal with any of your rights and/or obligations under these terms and 

conditions. 

 

SEVERABILITY 

14.1 If a provision of these terms and conditions is determined by any court or other 

competent authority to be unlawful and/or unenforceable, the other provisions will 

continue in effect.

14.2 If any unlawful and/or unenforceable provision of these terms and conditions 

would be lawful or enforceable if part of it were deleted, that part will be deemed 

to be deleted, and the rest of the provision will continue in effect. 

 

THIRD PARTY RIGHTS 

15.1 A contract under these terms and conditions is for our benefit and your benefit, 

and is not intended to benefit or be enforceable by any third party.

15.2 The exercise of the parties' rights under a contract under these terms and 

conditions is not subject to the consent of any third party.

 

ENTIRE AGREEMENT

16.1 Subject to Section 12.1, these terms and conditions, together with our Privacy 

Policy, shall constitute the entire agreement between you and us in 

relation to your use of our website and mobile application, and shall supersede all previous agreements between you and us in relation to your use of our website.

 

LAW AND JURISDICTION 

17.1 These terms and conditions shall be governed by and construed in accordance 

with the laws of New Zealand

17.2 Any disputes relating to these terms and conditions shall be subject to the nonexclusive jurisdiction of the courts of New Zealand.

 

OUR DETAILS 

18.1 This website is owned and operated by BBX Holdings Pte Ltd and we can be 

contacted at E:info@bbxworld.com