TERMS AND CONDITIONS OF ACCESS AND USE

GENERAL

Please read the Snorkel Battle Extreme (“SBE”, “us”, “we” or “our”) website (“Site”) terms and conditions (“Terms”).  SBE maintains this Site for your personal entertainment, information, education and communication.  Use of our Site is subject to the following Terms and all applicable laws.  By accessing and browsing the Site, you represent that you have read, understood and accepted these Terms without limitation or qualification.  If you are not willing to be bound by these Terms, you may not access the Site.

SBE reserves the right to modify these Terms at any time, and such modifications shall be deemed effective immediately upon posting on the Site.  Any continued use of the Site shall be deemed conclusive of your acceptance of the modified Terms.

The current version of the Terms will be maintained on the Site.  You may not create a link from any other website to any part of this Site, other than the homepage, without our express consent.  It is at your own risk to link to this Site.

JURISDICTION

This Site is operated and controlled by SBE in New Zealand.

Although the information on this Site is accessible worldwide, not all products or services discussed in this Site are available to all persons or in all geographic locations or jurisdictions.  SBE reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide.  Any offer for any product or service made in the materials on this Site is void where prohibited.

We make no representation that the materials on, or products available through, this Site are appropriate or available for use in other jurisdictions.  Access to this Site from jurisdictions where those material or products are illegal or restricted is prohibited.

If you use this Site from outside New Zealand, you are responsible for complying with any applicable laws. These Terms will be interpreted in accordance with, and governed by, the laws of New Zealand without regard to its conflicts of laws principles.

USE OF SITE

You may freely browse the Site and may freely download material from the Site.  Unless otherwise stated, any and all downloaded materials may only be used by you for personal, non-commercial use provided you retain and display any copyright notice applying to the material.  You may not distribute, modify, transmit, reuse, repost or use any of such materials for public or commercial purposes, without the express written permission of SBE.

INTELLECTUAL PROPERTY

All intellectual property rights (including, without limitation, copyright and trade mark rights) in all materials displayed or available on this Site belongs to SBE unless otherwise stated.  If the owner of any material published on this Site is not SBE, your rights in respect of that material will be as defined by the copyright owner of the material concerned.

All rights to the Site (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or licence is granted or implied under any copyright, patent, trade mark or other intellectual property right of SBE or any other party as a consequence of the publication of any material on this Site.  No material from this Site may be reproduced, adapted or distributed, in whole or in part, on any media without written permission from SBE.

DISCLAIMER

SBE endeavours to ensure that the information on this Site is accurate and current, but does not accept liability for any error or omission.  Your use of the Site is at your own risk.  SBE further assumes no liability or responsibility as to the reliability, accuracy, validity, timeliness, usefulness or completeness of any information on this Site.

Links on this Site may lead to other websites and some information on this Site may be provided by third parties.  SBE accepts no responsibility for the currency or accuracy of such information.  You should verify such information with those third parties directly. 

While we endeavour to keep information and materials on the Site secure and confidential, we are not responsible for any breach of security which is out of our control.  We do not represent that the Site is completely secure.

HEALTH

The information (including, without limitation, advice and recommendations) and services on the Site are intended solely as general entertainment/educational aid and are neither medical nor healthcare advice, nor a substitute for medical or other professional advice.  Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and especially before starting any new water-related or underwater sporting activity.  To the fullest extent permitted by law, we assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site, or products available through the Site.

LIABILITY

In no event shall SBE or any other party involved in creating, producing or delivering the Site be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise for any:

§            Damages (direct, incidental, special, consequential, indirect or punitive) of any nature whatsoever;

§            Increased costs or expenses; or

§            Loss of profit, business, contracts, revenues or anticipated savings, arising out of or in connection with your use of (or inability to use) this Site, any linked website, or any material contained on them.

You agree that if we are held responsible for any damages or loss, SBE’s total liability to you for all damages, losses, and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by you, if any, for accessing this Site.

INDEMNITY

You agree to indemnify us and keep us fully indemnified against all actions, proceedings, losses (including economic loss and loss of profits), liabilities, damages, claims, demands, costs and expenses (including legal costs on a solicitor-client basis) suffered or incurred by us, whether or not foreseeable, direct, incidental, special, consequential or indirect as a result of or in connection with any act or omission of yours or breach of any of these Terms, or in relation to any claim brought by a third party for breach of intellectual property rights.

Where required by us, you agree to render all necessary assistance in the defence or settlement of any such action including joining the action as a co-defendant.

PRIVACY POLICY

We take your privacy seriously. This Privacy Policy sets out generally how we may gather, use, disclose and manage personal information via this Site.

Like many other organisations, SBE must comply with privacy legislation when dealing with personal information. We respect your privacy and comply with all relevant privacy legislation. You are entitled to access the personal information we hold about you, and request that we amend it if it is incorrect.

Personal information means information or opinions about an individual whose identity is apparent or can reasonably be ascertained from the information.

Collection
During the course of dealing with you (when you obtain products through the Site), SBE may generally collect basic personal information about you, such as your name, address and contact details.  We ask only for information that is necessary to process your registration or your orders, and to enable us to fulfil our obligations under any other agreement that we may have with you.  We, our related companies and agents may also use information given to us by you to market our other products and services, whether electronically or otherwise.

We may also request other specific information from you relating to the goods or services that you wish to obtain.

You are not obliged to provide us with this information, although failure to do so may result in us being unable to process your registration or provide with products.

Use and Disclosure

SBE will hold and use any personal information collected for the purposes set out in this Privacy Policy, for any purpose disclosed at the time of collection or for related purposes. Any personal information given to use may be forwarded or sent to a jurisdiction outside New Zealand for the purposes set out herein.  Generally we will only use or disclose your personal information as follows:

§            To provide the product or service you have requested or to answer your inquiry;

§            To third parties where we have retained those third parties to assist us to provide the products or services you have requested;

§            For direct marketing of products or services. If we contact you in this way without obtaining your prior consent, we will provide you with the opportunity to decline any further marketing communications; or 

§            Where otherwise legally permitted.

Confidentiality

We will ensure that the information you provide is kept confidential and is not released to third parties not described in this policy, except where we are required to do so by law, or where you have consented to such release.

SEVERABILITY

If any provision of the Terms is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of these Terms.