Terms & Conditions

This website is owned and operated by Piccolini Limited (“Piccolini”). These terms and

conditions apply to each and every user of this website. By using this website, you are

deemed to have read and agree to be bound by these terms and conditions. If you do not

accept these terms and conditions, you must leave this website immediately.

TERMINOLOGY

Phrases used in these terms and conditions are defined as follows:

Piccolini means Piccolini Limited, registered as a company (company number 1942825).

Any reference in these terms and conditions to Piccolini or to “us”, “our” or “we” is a

reference to Piccolini Limited.

user means each user of the website.

you means you as the user.

website means this website, http://www.piccolini.co.nz

RIGHT OF ACCESS

Piccolini grants you a limited licence (“Licence”) for the purpose of accessing and

making use of this website. Any contravention by you of these terms and conditions or

any other terms posted on this website or notified to you by Piccolini which are intended

to govern your use of this website terminates the Licence immediately. Using any

information or content included on this website other than in accordance with these

terms and conditions is strictly prohibited.

YOUR OBLIGATIONS

You agree that:

1. You have read and understood these terms and conditions and agree to be bound

by them.

2. You have and will satisfy yourself that the use (whether directly or indirectly) of

this website will not infringe the legal rights of any third party. You agree to

protect each relevant party from any such claim.

3. You will not use this website to do anything unlawful or discriminatory.

4. You will comply with the requirements of any restriction or exclusion relating to

the use of this website as notified to you by us from time to time.

5. You will not, without the prior approval of Piccolini, adapt, reproduce, store,

distribute, print, display, publish or create derivative works from any part of this

website other than in accordance with the Licence.

You warrant that you are an identifiable individual over the age of 18 years of age, or, a

legally constituted organisation and that you have the authority to enter into these terms

and conditions.

You acknowledge that:

1. Piccolini is entitled to take all actions that may be reasonably necessary or

prudent to comply with any legal requirements or regulatory authorities without

incurring any liability to you.

2. Piccolini does not guarantee that this website will work as intended but will use

reasonable endeavours to ensure that it remains reliable. Any and all implied

warranties are expressly excluded.

INTELLECTUAL PROPERTY

We are the owner or licencee of all copyright, trademarks and other intellectual property

rights in connection with this website and any material published on the website, unless

specified otherwise. This includes, without limitation, all intellectual property rights in

respect of all text, graphics, logos, images and software that are included in this website.

WARRANTIES AND EXCLUSIONS

1. Piccolini will endeavour to provide the website with due care and skill, however,

Piccolini does not guarantee the availability or reliability of the website.

2. Piccolini will remedy any unavailability of the website as soon as reasonably

practicable.

3. Piccolini does not guarantee that the website will be:

a. Interruption or fault free or that any faults or errors will be corrected;

b. Available at any particular time;

c. Secure or private;

d. Free of viruses or other harmful features.

4. All conditions and warranties, which may be implied by law into these terms and

conditions, are excluded except to the extent that it would be unlawful to do so.

INDEMNITIES AND LIMITATIONS

1. You agree to fully indemnify Piccolini for any loss or damage it may suffer as a

result of your breach of the Licence, including, in respect of any third party

claims against Piccolini, its related parties, employees, contractors or agents.

2. To the greatest extent permitted by law, under no circumstances will Piccolini be

liable to you for any loss, damage or costs incurred or suffered by you or by any

third party arising out of any dispute which relates in any way to your access and

use of the website or in respect of any failure or omission on the part of Piccolini

to comply with its obligations as set out in these terms and conditions.

GENERAL

1. These terms and conditions and the use of the website are to be governed by and

construed in accordance with the laws of New Zealand. Each of the parties

irrevocably and unconditionally agrees that the New Zealand courts have

jurisdiction to hear and determine each suit, action or proceeding, and to settle

disputes, which may arise out of or in connection with these terms and

conditions or the use of the website and for those purposes irrevocably submits

to the jurisdiction of the New Zealand courts.

2. In the event that any one or more of the provisions contained in these terms and

conditions shall, for any reason, be held to be invalid, illegal, or unenforceable in

any respect, such invalidity, illegality, or unenforceability shall not affect any other

provision of these terms and conditions.

3. The non-performance by Piccolini of any of its obligations under these terms and

conditions shall be excused without liability to the extent that such performance

is prevented wholly or substantially by any event beyond Piccolini’s reasonable

control.

CAC-015466-11-2-V1:CAC

4. No waiver by Piccolini of any provision in these terms and conditions is to

constitute a waiver of any other provision (whether or not similar), nor shall such

waiver constitute a continuing waiver unless otherwise expressly provided.

5. The parties acknowledge that for the purposes of the Contracts (Privity) Act

1982, each relevant party shall be entitled to rely upon, and enforce the

provisions of, these terms and conditions as if the relevant party was a signatory

to these terms and conditions.

PRIVACY

You should ensure that you read the Privacy Policy in conjunction with these terms and

conditions. By accessing this website you are deemed to have read and agree to be bound

by the Privacy Policy as well as these terms and conditions.

CHANGES TO THESE TERMS AND CONDITIONS

Piccolini reserves the right to amend these terms and conditions from time to time. You

agree that your use of the website following notice of amendment will constitute your

acceptance of the amended terms and conditions.