Terms and Conditions

This website is operated by Rako Science Ltd.

By using or accessing this Website, you agree to be bound by these Terms and Conditions. If access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
 

We reserve the right to amend these terms at any time. You are deemed to be aware of and bound by the amendments to the terms upon publication on the Site. Any use of, or access to, this Website after the effective date of an amendment will constitute deemed acceptance of those changes. You should review the terms periodically and before giving any information or confirming it to us.

 

Definitions:

 

  • Data means any data that we, at our discretion, provide or make available to you through the Website.

  • We means Rako Science Limited, its successors and assigns. “Our” and “us” have a corresponding meaning.

  • You means the person accessing or using the Website, or the company or legal entity that you represent, and “your” has a corresponding meaning

  • Website means the Internet sites at the domain onboard.rakoscience.com, www.rakoscience.com, or any other site or App operated by Rako Science Limited.

Use of and access to the Rako Science Website

  1. To access Data through the Website, you must register an account. You are responsible for maintaining the security of your account and any Data accessible through it.

  2. Where you have registered an account with us on the Website, we grant you a non-exclusive, non-transferable licence to view, copy and print the Data for your non-commercial; or personal use. All requests for permission for further use of the Data must be in writing and should be sent to support@rakoscience.com.

  3. You must not:

    1. reproduce, adapt, copy, distribute or incorporate in any other work, in whole or in part, any Data or other content from this Website, including any trade mark appearing on the Website, without our express written permission;

    2. use the Website or Data for any illegal activity, or for any activity that would cause us to breach any law;

    3. use the Website or Data in any way that may bring us into disrepute, or for any activity that is inappropriate; or

    4. create a link to the Website (or any part of the Website) from any other website, without our prior written consent.

    5. use the Website in any manner which violates any of our rights or which is otherwise prohibited by these terms.

  4. You must ensure that all usernames and passwords required to access the Website are kept secure and confidential. You must immediately notify us of any unauthorised use of your passwords or any other breach of security and you must take all other actions that we reasonably deem necessary.

  5. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to support@rakoscience.com

Data

  1. Any Data we supply or make available to you under these Terms is supplied on an “as is” and “as available” basis, without warranties of any kind, and your use of the Data is at your sole risk.

  2. We reserve the right to change the Data (including the file structure of the Data) at any time.

  3. Any Data that is the property of third parties may be subject to third party terms and conditions as well as the terms contained herein (Data Terms).

  4. You agree to comply with the Data Terms notified by us in writing from time to time.

  5. If you breach any of the Data Terms, we may immediately terminate your access to the Website.

  6. We may track your use of the Website in order to identify any use outside of the permitted uses set out in these Terms.

Intellectual Property

  1. Nothing in these Terms constitutes a transfer or licence of any of our intellectual property rights, including any intellectual property rights that we have in and to the products, systems, information, Data, or other content that is referenced, displayed or available through the Website.

  2. You agree not to adapt, alter or create a derivative work from any Data or other content available through the Website except for your own non-commercial use.

  3. To the extent that you are able to upload any information to the Website, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use that information. Where such information is personal information, we will use, store, and disclose that personal information in accordance with our Privacy Policy. You agree you will not upload any information to the Website that in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, identity, registered trademark or intellectual property rights of another person.

Privacy

You acknowledge that you have read and understood the terms of the privacy policy attached to this Website (Privacy Policy). You agree that we may use and disclose information about you in accordance with the terms of the Privacy Policy. You also agree to check the Privacy Policy on a regular basis and to let us know if you object to use or disclosure of information about you in accordance with any updated statement.

Indemnity

You indemnify and hold us and our subsidiary companies, officers, employees and agents harmless and keep us indemnified from and against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages incurred or suffered by any of them arising from your access to and/or use of the Website. Without limiting the forgoing, you will indemnify us against any claims or loss relating to any third party claim that you do not have the right to use any information that you have uploaded to the Website, or that your use or our use of any such information in accordance with these Terms or the Privacy Policy is a breach of a third party’s intellectual property rights.

Additional Terms

You must:

  1. not use any of our trademarks or logos without our express written approval;

  2. comply with all guidelines and requirements issued by us regarding use of any of our trademarks or logos; and

  3. not remove or tamper with any logos, business names or trademarks, or disclaimer or copyright notice attached to or used in relation to the Website or our services.

Warranties and liability

  1. Access to and use of the Website are entirely at your own risk. To the maximum extent permitted by law, we exclude all warranties, representations, and (whether express or implied), including any warranties of availability, merchantability, fitness for purpose or non-infringement.

  2. In particular, you acknowledge that we and our related companies do not warrant or represent that the Website will operate without interruption, will be error-free, be free of any virus or other harmful elements, or will meet your requirements or that all errors can or will be corrected.

  3. We do not warrant that the Website will be compatible with your equipment, secure, or that the Data will be free from errors, loss, destruction, interruption or corruption.

  4. You acknowledge that the Consumer Guarantees Act 1993 does not apply to the Tools or the Data, Website or Blog.

  5. You acknowledge and agree that we shall not, in any circumstances, be liable for any loss, injury or damage (even if we have been advised of the possibility of such loss, injury or damage, and including, without limitation, any injury, direct loss, indirect loss, consequential loss, loss of profits, business interruption loss or loss of data) suffered by you or any other person or parties in connection with these Terms, (other than warranties or conditions which may not lawfully be excluded).

  6. Subject to the exclusions of liability above, and to the extent permitted by law, our maximum liability to you in connection with any claims arising from your access to or use of our Website or the Data, will not exceed $100.

Third party websites

  1. You agree that we are not responsible for, nor do we endorse, any third-party websites or content which you access in the course of using this Website.

  2. Any sites linked to the Website by hyperlinks are not under our control. We are not responsible for, and make no representations or warranties concerning, any linked sites.

  3. Any dealings you have with third parties via the Website are your responsibility, including where you provide access to your personal information to a third party. Should a dispute arise between yourself and any third party due to use of the Website, we may assist you to resolve the dispute but will not be responsible for any loss or damage you suffer as a result of that use.

 

General

  1. These Terms, and any dispute relating to these Terms are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms.

  2. Without limiting any other part of these Terms, we will not be responsible or liable for any failure or delay due to any cause, whether arising out of our negligence or beyond our reasonable control or any failure by you to comply with these Terms.

  3. No failure or delay by either of us to exercise any right or remedy under these Terms will be construed or operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy. No waiver will be effective unless in writing and signed by the relevant party.

  4. If any provision of these Terms is held invalid, unenforceable, or illegal for any reason, our agreement with you will remain otherwise in full force apart from such provisions, which will be deemed deleted.