Terms of Use
1. Introduction
This website is owned and operated by Umanest Limited (Umanest, also referred to in these Terms of Use as “us” “we” and “our”) under the domain name umanest.com.
By accessing and using our website, you acknowledge that you have read and accept these Terms of Use and our Privacy Policy. These Terms incorporate a Privacy Policy as an integral part. These Terms of Use govern your use of our website.
The profiles created and shared on our website have been submitted by third party users and do not represent our views or opinions.
You must be at least 18 years of age to use our website. By using our website and by agreeing to these Terms of Use you warrant and represent that you are at least 18 years of age.
If you do not agree to these terms, you are not authorised to access and use the website, and you must immediately stop doing so.
2. Changes
We may change these terms at any time by updating them on the website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
These terms were last updated on 5th April 2018
3. Intellectual Property and Licence to use the website
Unless otherwise stated, we own all intellectual property rights in the website and material on the website. The material on this website is subject to copyright, unless otherwise stated.
All material on this website, including software, networks, platforms, database, account information, interface, concepts, illustrations, articles, trade secrets, designs, research, technology, developments, know-how, academy, articles, technologies, website “look and feel”, methodology, trademarks, copyrights, trade dress, logos, and any other information that we regard as proprietary, constitutes the exclusive intellectual property of Umanest (“Umanest IP”), except for third party intellectual property that Umanest incorporates into the website (“Third Party IP”).
Also, you are permitted to print, copy, reproduce and download materials on the website provided that it is for your own personal non-commercial use. Otherwise, you are not permitted to use any Umanest IP or Third Party IP without the written permission of Umanest, or Umanest’s written confirmation that the third party owner allows your use of the material, as the case may be.
You must not:
a. sell, rent or sub-license material from the website;
b. show any material from the website in public;
c. reproduce, duplicate, copy or otherwise exploit material on our website, without our prior written consent in each case. If we give our consent you must acknowledge the source of the material and ensure that you do not remove any copyright, trademark or other intellectual property notices contained in such material.
4. Disclaimers
We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.
Umanest does not guarantee that this service is free from errors or faults. We will however make our best efforts to ensure that the information available is accurate. Further, Umanest does not accept liability for any errors or omission, and reserves the right to change information given at any time.
You should take all reasonable precautions to ensure that any information that you submit on this website is true and accurate. We may, at our sole discretion, immediately terminate service should your conduct fail to comply with our Terms of Use. Should you seek to directly or indirectly interfere with, damage or degrade the service then we may hold you responsible for all our technical, legal and other costs, including any loss of profit.
Umanest will endeavour to provide constant, uninterrupted access to this website, however due to the nature of electronic communications Movinghub can’t guarantee this, and doesn’t accept any liability for any interruption or delay in accessing this website.
5. Acceptable use
If you wish to link to this website you must request our permission by contacting us at info@umanest.com. Even with permission, you must not do anything which alters our website or interferes with how it works.
You must not:
a. in any way that:
i. causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or
ii. is unlawful, illegal, fraudulent or harmful, or is connected with any unlawful, illegal, fraudulent or harmful purpose or activity;
b. to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
c. to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting);
d. to transmit or send unsolicited commercial communications; or
e. for any purposes related to marketing.
6. User generated content
In these Terms of Use, “your user content” means material (including text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
By submitting user content to our website you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, and translate your user content.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website (at our sole discretion).
Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
7. Limited warranties
We do not warrant the completeness or accuracy of the information published on this website nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
Links or references to other websites are provided for your convenience only. Other websites are not under our control. We have not reviewed them and we do not endorse or assume responsibility for the content of any third party website.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
8. Limitations and exclusions of liability
You agree that we will not be liable for your reliance on your Umanest user profile or any other information published on this website.
You also agree that, to the maximum extent permitted by law, we will not be liable in contract, tort (including negligence), statute or otherwise for any damage or loss (whether direct or indirect) arising under these Terms of Use or in relation to the subject matter of these Terms of Use.
In no circumstances will we be liable for:
a. any loss or corruption of any data, database or software; or
b. any special, indirect or consequential loss or damage.
Despite these exclusions, if we are found liable to you for any damage or loss that the maximum amount of our liability to you is limited to the amount paid by you (if any) in accessing and using this website.
9. Indemnity
You indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use.
10. Breaches of these terms of use
Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use, we may take such action as we deem appropriate to deal with the breach, including suspending or prohibiting your access to the website, blocking your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website or bringing court proceedings against you.
11. Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and obligations under these Terms of Use.
12. Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Exclusion of third party rights
These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.
14. Entire agreement
These Terms of Use and our Privacy Policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
15. Law and jurisdiction
These Terms of Use will be governed by and construed in accordance with New Zealand law, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of New Zealand.
16. Contacting us
If you require further information regarding our Terms of Use, the website, our Privacy Policy, or any of our services please contact us:
Email: info@umanest.com
Telephone: 09 215 3991
Address: 43 Anzac Ave, Auckland, NZ
