BGIX Terms and Conditions

The terms and conditions on this webpage govern your access to and use of our website. Please read them carefully. If you do not accept all of them you may not use this website. If you do continue to browse and use this website you are agreeing, without limitation or qualification, that you understand and accept, and will comply with and be bound by, all these terms and conditions.

In these terms and conditions all references to "we", "us" and "our" mean references to Maui Development Limited as well as its successors, assignees and parties contracted to operate on its behalf. References to "you" and "your" are references to the person accessing or using our website as well as the organisation for which this may be taking place.

Website Use

Subject to complying with these terms and conditions as well as all applicable laws and regulations, you may use this website and its contents for your own personal use and for use within your business. You may not do anything that can damage, harm or interfere with normal operation of this site. You may not introduce or inject any programming code on our website and you may not do anything that can lead to an unreasonable load on our website infrastructure.

We reserve the right to use all remedies available at law for any breaches or violations of these terms and conditions. This includes the right to block access to our website from a particular internet address. We may also seek criminal and/or civil prosecution under the laws of New Zealand or under the laws of the country from which a violation took place.

Website Tracking and Logging

We may track your visit on our website in order to display content that may be most relevant for you, and to monitor and analyse traffic and usage patterns on our site. We will not monitor or track you on other websites in any way, but we may record the webpage that you came from before visiting our site. We do not use tracking to gather personally identifiable information.

We may use cookies to provide us with tracking information. A cookie is a small text file stored on your computer. It cannot perform any commands and does not contain your name, address, telephone number, or email address. You may block or disable cookies in your browser, but you may lose some functionality and the ability to use some pages on our website as a result.

Copyrights

Unless you have our express and prior written permission to do so, you may not copy, store (either in hard copy or in an electronic retrieval system), use, adapt, modify, transmit, display, publish, reproduce, post, distribute, sell, license, or otherwise transfer anything from this website for the benefit of a third party.

Disclaimers and Liability

This website and everything on it is provided on an “as is” and “as available” basis. We make no representations, offer no undertakings, and provide no warranties or guarantees of any kind, express or implied, about the correctness, completeness, timeliness, accuracy, currency, reliability, suitability, compatibility, continuity, security, connectivity, accessibility or availability with respect to the website and anything on it for any purpose. This disclaimer also extends to the potential presence of computer viruses, worms and/or other harmful elements on our website. Any access to and use of our website is strictly and entirely at your own risk.

Neither we, nor any of our directors, officers, agents, employees and contractors, shall be responsible or liable to you or to any other person, for any direct, indirect, consequential, incidental, special, punitive or other damages of any kind, or for any losses (including but not limited to financial loss, loss of revenue, loss of profits or savings, indirect or consequential losses), claims, costs or expenses of any kind, whether arising in contract, tort (including negligence) or otherwise, as a result from any use or access of, or any inability to use or access, our website and anything on it.

Our limitation of liability will be in effect to the maximum extent permitted by law. The Consumer Guarantees Act 1993 does not apply to use of our website.

Changes to Terms and Conditions

We may change these terms and conditions at any time, without prior notice or consent, by posting the updated version on this website. If you continue to use the website after such an update you will be deemed to have accepted the changes and will be bound by the new terms and conditions.

Assignment

Subject to compliance with the Rules, we may transfer and assign this website, including all content, rights and obligations in relation to it, to another party. We may do so without your consent and without providing you with advance notice of such assignment.

No Waivers

Any failure by us to respond to a breach of any provision of these terms and conditions, or any delay or failure in exercising any of our rights or remedies, shall:

  • not constitute a waiver by us for that breach;
  • not affect the continued validity of all of these terms and conditions; and
  • not affect our rights to subsequently exercise all of our rights and remedies in relation to that breach or any other breaches.

Severability

If any part of these terms and conditions is ruled by a court to be invalid, unlawful, void or unenforceable then that part shall be deemed to be severed and all remaining parts shall survive and remain valid in full force and effect.

Jurisdiction and Governing Law

These terms and conditions, and use of this website, are governed by, construed and enforced in accordance with the laws of New Zealand, without regard to conflicts of law principles. This website is not intended for use outside New Zealand and we do not accept responsibility for compliance with the laws of any other country. Any dispute arising from or in connection with use of this website is subject to the exclusive jurisdiction of the courts of New Zealand.