Terms of Use

Welcome to Immersion Group Limited’s website (“Website“). 

These terms of use and privacy policy (“Terms of Use“) apply to your use of the Website at www.immersiongroup.co.nz  (or such other URL as the Website may subsequently be hosted at), the software, documentation and any associated materials comprising or made available to you via the Website (the “Materials“) as well as any services offered or provided to you by Immersion Group Limited or its nominated third parties via the Website (the “Services“).  By making use of any of the Website, Materials and Services, you are deemed to have read and agree to be bound by these Terms of Use.

Amendments

Immersion Group Limited reserves the right to amend these Terms of Use from time to time upon placing any such amendments on the Website or by providing you direct notice of any such changes.  Your continued use of any of the Website, Materials and Services thereafter will be deemed to be acceptance by you of any such changes to these Terms of Use.

Intellectual property

Unless otherwise stated in these Terms of Use, Immersion Group Limited is the owner or licensee of all rights including all copyright, trademarks and other intellectual property rights relating to or included within the Website, Materials and Services.  For the avoidance of doubt this includes without limitation all intellectual property rights in respect of all graphics, logos, text, images and software relating to or included within any of the Website, Materials and Services.

Licence

Immersion Group Limited grants you a limited licence (“Licence“) in accordance with these Terms of Use for the purpose of accessing, as applicable downloading, and making use of the Website, Materials and Services (or any parts of such as Immersion Group Limited may make available to you from time to time) for your own personal and non-commercial use or your own general use in the context of your position as a client of Immersion Group Limited. Utilising any form of automated software in relation to your access or use of the Website, Materials or Services is prohibited.  Any contravention by you of these Terms of Use or any other terms or conditions notified to you by Immersion Group Limited, terminates the Licence Immediately.

Restrictions

Under no circumstances, without the prior written approval of Immersion Group Limited, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website, Materials or Services other than in accordance with the Licence. You may not use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website. You may not use any meta tags or other hidden text which incorporate Immersion Group Limited’s name or any of its intellectual property including trademarks.  Copying any information or content included in or related to the Website, Materials and Services other than in accordance with the terms of the Licence is strictly prohibited. You agree to fully indemnify Immersion Group Limited for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the Licence, including, in respect of any third party claims against Immersion Group Limited, its related parties, employees, contractors or agents.

Content

While Immersion Group Limited has endeavoured to take all reasonable and appropriate care in the preparation of the content of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate, Immersion Group Limited does not warrant the accuracy, adequacy, or completeness of any information contained in any of the Website, Materials or Services and that such information is error free. Immersion Group Limited does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law Immersion Group Limited does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services, including without limitation where such loss or damage is a result of or contributed to by the negligence of Immersion Group Limited. The content of the Website, Materials and Services is not intended to serve as legal, accounting, financial or tax advice. You should consult with Immersion Group Limited at info@immersiongroup.co.nz  for advice concerning specific matters before making any decision.

Linked websites

The Website, Materials or Services may contain links to other websites not controlled by Immersion Group Limited (“Linked Websites“). Those links are provided for convenience only and may not remain current or be maintained.  Immersion Group Limited is not responsible for the content or privacy practices associated with Linked Websites. Immersion Group Limited’s links with Linked Websites should not be regarded as approval or as an endorsement, of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary in these Terms of Use.

Online access

To acquire or make full use of any of the Website, Materials and Services you may need to obtain directly from Immersion Group Limited a username and password (“Client Login“) (if you have not been provided with such already,) which will provide you with online access to such Materials, Services, and parts of the Website as Immersion Group Limited acting in its sole discretion deems appropriate from time to time (“Online Access“). If you do obtain Online Access you warrant that all information and personal details you provide to Immersion Group Limited are correct and that you have full authority on behalf of any third party you may represent to obtain Online Access. You may not transfer your Client Login or any rights you may have in respect of your Online Access to any other person or entity.

Confidentiality of passwords

You must keep your Client Login confidential and not disclose such information to any third party or allow a third party to make use of your Online Access without first obtaining Immersion Group Limited’s written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your Client Login. You must notify Immersion Group Limited immediately if you know or suspect that your Online Access has been used by a third party or your Client Login has been, or may have been, obtained by a third party.

Cancellation of online access

Immersion Group Limited reserves the right, acting at its sole discretion, to refuse to grant you Online Access. To the greatest extent permitted by law, Immersion Group Limited also reserves the right, acting at its sole discretion, at any time to cancel your Online Access or to change your existing rights of access or any current benefit afforded to you in relation to your Online Access, if it believes you have breached these Terms of Use or any other agreements you may have with Immersion Group Limited or for any other reason whatsoever. In such event you agree that Immersion Group Limited will not be required to provide you with prior notice or explanation in respect of such action.

Links

If you provide a link to the Website you agree that you will not use any Immersion Group Limited logo, trade mark or other proprietary graphic as part of such link without the express prior approval of Immersion Group Limited.

Collecting information

Whenever you access or make use of any of the Website, Materials or Services, Immersion Group Limited may as applicable collect the following types of information from you:

  • the lP address of your machine when connected to the internet and the domain name from which you are accessing the internet;
  • the operating system and the browser your computer uses and any search engine you are using;
  • the date and time you are visiting;
  • the URL’s of the Website pages you visit; and
  • information relating to the actions you undertake within the Website,

as well as any other information you may explicitly provide Immersion Group Limited in the course of accessing or making use of any of the Website, Materials or Services.

Further collection

Where possible, information will be obtained directly from you.  However, you acknowledge that by accessing or making use of any of the Website, Materials or Services that information may also be collected from you as a result of the workings of the Website, Materials or Services as applicable and the attached systems and software.

Use of information

Immersion Group Limited uses the information provided by you or generated by your accessing or making use of any of the Website, Materials or Services to provide the services Immersion Group Limited provides to you in relation to any of the Website, Materials or Services. Immersion Group Limited also uses information collected from you to assess the performance of the Website, Materials and Services and to ensure that the Website, Materials and Services serve your needs in the most efficient manner possible.

Cookies

Immersion Group Limited may also place cookies on your computer. Cookies are alpha numeric identifiers which are transferred to your computer’s hard drive through your web browser to enable Immersion Group Limited to recognise you whenever you access the Website and therefore better personalise your access of and use of the Website, Materials and Services. A cookie does not identify you personally but it does identify your computer. The help portion of your browser’s toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should note however that if you do not allow the use of cookies or do not wish to provide certain information to Immersion Group Limited, you may not be able to take full advantage of the Website, Materials and Services.

Statistics

Although Immersion Group Limited may use and publish non-personal aggregate statistics and group data about those people who access or make use of any of the Website, Materials or Services and their usage of any of the Website, Materials or Services, subject to the further terms of these Terms of Use, Immersion Group Limited will not share or make public personal information identifiably about you without your prior permission.

Data transmission

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Immersion Group Limited strives to protect such information, we do not warrant and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all reasonable steps to preserve the security of such information.

Accessing information

If you are an ‘Individual’ as that term is defined in the Privacy Act 1993 you are entitled to access any information which Immersion Group Limited may hold about you and Immersion Group Limited is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request that Immersion Group Limited correct any inaccuracies in any information which Immersion Group Limited holds about you. Immersion Group Limited is entitled to charge you for the reasonable costs of retrieving, providing this information and as applicable correcting this information.

Providing information

Notwithstanding any other provisions of these Terms of Use, to the greatest extent permitted at law, you agree that Immersion Group Limited may provide any personal information it collects about you to its related companies (as defined in section 2(3) of the Companies Act 1993), debt collection and credit reference agencies and any other parties it deems necessary in relation to providing you the Website, Materials and Services and exercising any lawful right Immersion Group Limited, its related companies or debt collection and credit reference agencies may have.

Disclosing information

You also agree that to the greatest extent permitted at law Immersion Group Limited is entitled to disclose information it holds about you without your prior permission if Immersion Group Limited reasonably believes that such disclosure is necessary to:

  • meet legal requirements;
  • comply with legal process or help to maintain the law;
  • protect Immersion Groups Limited’s rights or property or that of Immersion Group Limited’s related companies; or
  • enforce these Terms of Use or any other agreement that Immersion Group Limited may have with you.

Combining information

To the greatest extent permitted at law, Immersion Group Limited may combine any information which it collects from you or otherwise obtains, with information collected or otherwise obtained by its related companies.

Lost data

In the event that any information or data relating to you or your use of any of the Website, Materials and Services held by Immersion Group Limited or any third party on behalf of Immersion Group Limited is lost, corrupted or otherwise no longer reasonably available or accessible as judged by Immersion Group Limited in its sole discretion, you agree that Immersion Group Limited will have no liability to you of any nature relating to any such information or data.

Accessing

You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Website, Materials and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or any data contained therein. To the greatest extent permitted by law Immersion Group Limited does not accept responsibility for any interference or damage to your computer system or any data contained therein which may arise in connection with your accessing or making use of any of the Website, Materials and Services.

Support

Immersion Group Limited reserves the right to make support services available in relation to any of the Website, Materials and Services on such terms and conditions as Immersion Group Limited at its sole discretion deems appropriate and further reserves the right to alter, suspend or withdraw such support services as Immersion Group Limited at its sole discretion deems appropriate.

Exclusion of warranty

To the greatest extent permitted by law, in relation to your access and use of the Website, Materials and Services, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.

Exclusion of liability

To the greatest extent permitted by law, under no circumstances will Immersion Group Limited, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to your access and use of any of the Website, Materials and Services, including without limitation in relation to any failure or omission on the part of Immersion Group Limited to comply with its obligations as set out in these Terms of Use.

Limitation of liability

To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and Immersion Group Limited becomes liable for any loss or damage that would otherwise have been excluded, Immersion Group Limited’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damages or injury directly or indirectly arising in respect of your access and use of any of the Website, Materials and Services is to be limited to $50 in New Zealand currency.

Jurisdiction

The provision and use of the Website, Materials and Services is governed by and is to be interpreted in accordance with the laws of New Zealand and, in all matters relating to or arising from your access and use of any of the Website, Materials and Services, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand. If you are accessing or making use of any of the Website, Materials and Services from outside of New Zealand then you agree that you are entirely responsible for ensuring that your access and use of any of the Website, Materials and Services will not contravene any laws in your country.

Failure to comply

Immersion Group Limited accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.

Waiver

If Immersion Group Limited waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

Severability

If any provision of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use, but only to the minimum extent necessary to avoid such issue and the remainder of any such provision as well as all other provisions of these Terms of Use shall continue in full force.

Entire agreement

These Terms supplement any other agreement (including license agreements) you have with Immersion Group Limited and are binding in respect of any use of the Website. If there is any conflict between these Terms and any other agreement and/or specific terms of use relating to specific material then the latter shall prevail.

Queries

If you have any queries in regard to these Terms of Use please don’t hesitate to contact us.