Terms of service: an agreement between you and Bernese Mountain Dog Club (NZ) Inc. to enter and use this website and services
Welcome to the Bernese Mountain Dog Club (NZ) Inc. website.
We hope you enjoy your use of our website. Please understand that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement, as well as our Returns Policy and Guarantee Policy.
It is your obligation to keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1 Using our Bernese Mountain Dog Club (NZ) Inc. Website and Services:
1.1 Definitions and Interpretation
Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
2 User's Obligations
2.1 Restrictions on Users
Users shall not and have no right to either:
Users shall not and have no right to either:
Users are and shall be wholly and exclusively responsible, at their own cost, for:
3. Bernese Mountain Dog Club (NZ) Inc. Obligations
User acknowledges that Bernese Mountain Dog Club (NZ) Inc. has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
3.4 Modification of the Website.
Bernese Mountain Dog Club (NZ) Inc. reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Bernese Mountain Dog Club (NZ) Inc. shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
4. Intellectual Property Rights
4.1 Reservation of title
4.2 Prohibition on infringement
User acknowledges and agrees that Bernese Mountain Dog Club (NZ) Inc. does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
4.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Bernese Mountain Dog Club (NZ) Inc. an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
User Account, Password, and Security
You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bernese Mountain Dog Club (NZ) Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bernese Mountain Dog Club (NZ) Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
6.1 Users warranties
User represents and warrants to Bernese Mountain Dog Club (NZ) Inc. that, in its use of the Website and the Services provided, it:
will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
6.2 Bernese Mountain Dog Club (NZ) Inc.s warranties
6.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Bernese Mountain Dog Club (NZ) Inc., THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
6.5 No representation or reliance
7. Exclusion and Limitation of Liability
7.1 Subject to law
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
7.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Bernese Mountain Dog Club (NZ) Inc. has been advised of the possibility of any particular loss or damage.
Bernese Mountain Dog Club (NZ) Inc. may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Bernese Mountain Dog Club (NZ) Inc. is not responsible for the operation of or content located on any such website, and Bernese Mountain Dog Club (NZ) Inc. cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Bernese Mountain Dog Club (NZ) Inc. for any damages or losses of any kind arising from the other website and/or the link.
7.4 Limitation of liability
8.2 Effect of termination
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
9.5 Governing Law and Jurisdiction
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.