Important Legal Notice
This legal notice applies to the entire contents of the website under the domain name www.trilogy.net.nz ('Website'), to use of the Website and to any correspondence by email between you and us. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website. This notice and the Website are issued by Trilogy (Trilogy Limited), a company registered in New Zealand (CN 7306656) with its registered office at 128 Dixon Street, Masterton, 5810, New Zealand
1.1 By accessing any part of the Website, you will be deemed to have read and accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.2 Trilogy may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
All content on this web site is protected by copyright under the Copyright Act 1994 No 143
2.1 You are permitted to access and download the Website, and to print one copy of extracts from the Website, solely for your own use, , information and reading provided that:
(a) no documents or related graphics on the Website are modified in any manner;
(b) no graphics, logos, trademarks on the Website are used separately from the corresponding text; and
(c) Trilogy’s copyright and trademark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, Trilogy and its licensors own the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images). For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. Any unauthorised copying, storage or other unauthorised use is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Trilogy’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
2.5 'Trilogy' and its logos appearing on this website are trademarks of Trilogy Limited.
2.6 A breach of copyright may also result in legal action against you or may result in a takedown notice bring issued to you.
3. Service Access
3.1 While Trilogy endeavours to ensure that the Website is normally available 24 hours a day, Trilogy shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Trilogy’s control.
4. Visitor Material and Conduct
4.1 Any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Trilogy shall have no confidentiality obligations with respect to such material. Trilogy and its designates shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 Trilogy shall co-operate with any law enforcement authorities or court order requesting or directing it to disclose the identity or locate any person posting any material in breach of clauses 4.2 or 4.3.
5. Links to and from other Websites
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you are leaving the Website. Trilogy has not reviewed any of these third-party websites and does not control and is not responsible for those websites or their content or availability. Trilogy therefore does not endorse or make any representations regarding any third-party websites, or any of its content, or results that may be obtained from the use of those websites. If you access any of the third-party websites linked to the Website, you do so entirely at your own risk.
5.2 You may link to the Website, but only if you do not replicate, the home page of the Website, and such linkage is always subjected to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of Trilogy logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that Trilogy is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with Trilogy nor present any other false information about Trilogy;
(e) you do not otherwise use any Trilogy trademarks displayed on the Website without express written permission from Trilogy;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with applicable laws and regulations.
5.3 Trilogy expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action as it deems appropriate.
5.4 You shall fully indemnify Trilogy for any loss or damage suffered by Trilogy or any of its group companies for breach of clause 5.2.
6.1 While Trilogy endeavours to ensure that the information on the Website is correct, Trilogy does not warrant the accuracy and completeness of the material on the Website. Trilogy may make changes to the material on the Website, or to the services or products, prices and terms of service or terms and conditions described in it, at any time without notice. The material on the Website may be out of date or futuristic, and Trilogy makes no commitment to update such material.
6.2 The material on the Website is provided 'as is', without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Trilogy provides you with access to the Website on the basis that Trilogy excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
7.1 Trilogy, or any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Trilogy's associated and group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, loss of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
7.2 Nothing in this legal notice shall exclude or limit Trilogy’s liability for any liability which cannot be excluded or limited under applicable law.
7.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall bear all associated costs thereof.
The Website may store cookies on your Web client in order to better serve you upon your following visits to the Website.
9. Governing Law and Jurisdiction
This Legal Notice is governed by the law in force in New Zealand and you submit to the non exclusive jurisdiction of the courts of New Zealand.