USER TERMS AND CONDITIONS FOR THE WEBSITE

In this Terms of Use, "you" means you, the customer, "One NZ" means One New Zealand Group Limited, "Globys" means Globys, Inc., and "we" and "us" means One NZ and Globys. The use of this Website (the "Site") is governed by the policies, terms, and conditions set forth below. Please read them carefully. By using this Site you agree to be bound by these user terms and conditions ("the Terms of Use"). We reserve the right to revise these Terms of Use at any time without notice and, by using this Site subsequent to the revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Site.

Your Use

You warrant that you are authorised to use this Site. In using the Site you agree to:

1. Maintain the confidentiality of the logins and passwords we provide to you relating to the Site and notify us of any unauthorized use of your logins and passwords;
2. Comply at all times with these Terms of Use, including the license conditions; and
3. Notify One NZ within fourteen (14) days if you change your billing contact information.

You agree that:

1. You are responsible for any activity and usage of the Site related to it under your logins and passwords (whether authorised or not) and will be responsible for payment to One NZ of all such usage;
2. You do not acquire any rights, title, or interest (including any copyrights, trademarks, patents, or other intellectual property rights) in the Site (the "Intellectual Property Rights") or any content provided as part of it;
3. You must not use or knowingly permit others to use the Site for any fraudulent, malicious or illegal purposes, or in a manner that may threaten or cause harm to us or any other user of the Site including without limitation, to send or transmit any virus or to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; and
4. We may monitor your use of the Site to ensure that you comply with these Terms of Use.

You agree that you will pay any fees payable for use of the Site and related services as varied from time to time. Unless expressly stated otherwise, the Charges are exclusive of GST.

No Representations or Warranties

We reserve the right to modify the information contained in this Site without notice. We make no commitment, however, to update the information contained in this Site.

TO THE EXTENT PERMITTED BY LAW, INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

This Site may contain links to other websites that are completely independent of this Site. We make no representation or warranty as to the accuracy, completeness, authenticity, ownership, or legality of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein. We expressly disclaim any liability for such third party information or opinions under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law.

We are not responsible for any reliance you make on any opinions expressed at this Site when making business, financial, personal, or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked websites.

We may rely upon your information as provided by you and shall not be responsible for the accuracy or verification thereof. You agree not to give or make available your login and password or other means to access your account to any unauthorized individuals.

Ownership

Copyright 1996-2009 Globys, Inc. Globys and E-Billing with Insight are registered trademarks and Total Communications Analyst, Bill Analyst, Bill Payment Manager, Usage Analyst, I-Optima, BillVision, and Powered by Globys are trademarks of Globys, Inc. All right, title, and interest (including all copyrights, trademarks, trade dress and other intellectual property rights) in this Site are the property of Globys, Inc. In addition, the names, logos, and other indicia identifying products and services are proprietary marks of Globys, Inc. The names, logos, tag lines identifying One NZ products and services referred to in this Site are the proprietary marks of One NZ or its licensors. The names, logos and trademarks of our customers, investors, partners and other third parties referred to in this Site belong to their respective owners.

License

Except as expressly provided in this Section, nothing contained in this Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

Subject to you abiding by these Terms of Use and any applicable One NZ customer terms and conditions, One NZ hereby makes available to you access to the Site, and Globys hereby grants you a nonexclusive, non-transferable, limited license to view, reproduce, print, and distribute materials retrieved from this Site provided (a) such materials are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Any rights not expressly granted herein are reserved.

Termination

We reserve the right to refuse to make available on the Site, and/or to remove from the Site, any data input by you that we reasonably determine does not comply with the applicable requirements, specifications and/or standards as set out in this Terms of Use and any user guides and/or which may (i) violate any applicable laws or regulations; (ii) infringe or otherwise violate the rights of any third party; (iii) expose us (either jointly or severally) to legal, regulatory or administrative proceedings or (iv) otherwise expose One NZ or Globys to criminal, civil or other legal liability.

In order to protect the Site, at any time we reasonably determine that the security or integrity of the Site may be at risk, we may temporarily suspend the provision of it. Furthermore, we may terminate the provision of the Site to you if we consider that you may be using or attempting to use it for fraudulent, malicious or illegal purposes, or engaged in other activities that may threaten or cause harm to One NZ, Globys, any other customer or user of the Site.

Limitation of Damages

TO THE EXTENT PERMITTED BY LAW, LIABILITY UNDER ANY CONDITION OR WARRANTY WHICH CANNOT BE LEGALLY EXCLUDED IS LIMITED TO RESUPPLYING THE GOODS AND SERVICES OR PAYING THE COST OF THAT RE-SUPPLY, AT OUR ELECTION. IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, LEGAL FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMMES OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.

Personal Information

Personal Information is collected and used in accordance with our Privacy Policy and the Privacy Act 1993.

Additional Legal Matters

These Terms of Use shall be governed by and construed in accordance with the laws of the New Zealand. Disputes arising from these Terms of Use shall be exclusively subject to the jurisdiction of the Courts of New Zealand. These Terms of Use incorporate by reference any notices contained on this Site and, along with any applicable One NZ customer terms and conditions, constitute the entire agreement with respect to your access to and use of this Site. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

The Terms of Use do not affect any of your statutory rights (if applicable) under the Consumer Guarantees Act 1993.