Website terms of use
Last Updated: 8 July 2023
These Website Terms of Use (Terms) are agreed between Immersve Limited (we, us, or our) and you or the entity you represent, as applicable (you or your) and apply only when you access or use our Site (Website). Different terms apply when you access or use our Services (e.g., our software, platforms and associated materials) (Services).
By accessing or using our Website, you acknowledge that you have read and accepted these Terms. We may update or replace these Terms from time to time by publishing a new version on our Website. By using the Website after the “Last updated” date at the top of these Terms, you are deemed to have accepted the updated Terms. If you don’t agree to the updated Terms, you must stop accessing and using the Website.
Your access or use of our Website
The information provided on our Website is intended only as an introduction and guide to our range of available Services. We use reasonable endeavours to keep the information on the Website accurate and up-to-date but we do not guarantee the accuracy, currency or completeness of the information provided.
The content provided by us on the Website is owned or controlled by us and is protected by copyright laws In New Zealand and overseas. See “Intellectual Property” below for more information.
You must not use our Website or copy, reproduce, modify or transmit its contents:
- other than in accordance with these Terms or for commercial purposes without our prior written permission;
- in breach of any law or for any unlawful act; or
- to damage or disrupt our Website, Services or any other service or website.
You may be required to provide us with information, for example, when you register for a Service or contact us. This may involve providing us with your personal information. You agree that any such information provided is truthful and up-to-date. Any personal information provided to us through your use of our Website will be collected and handled in accordance with our Privacy Policy.
Liability
We accept no responsibility for errors in the content on this Website at any time. We do not guarantee that access to, or use of, our Website will be uninterrupted or error-free.
To the maximum extent permitted by law:
- our Website and the information presented on it is provided on an “as-is” and “as-available” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose; and
- neither we nor our suppliers will be liable under the law of tort (including negligence), contract or otherwise for any loss of income, profits, data, business opportunity or savings or for any indirect, incidental, consequential, exemplary, punitive or special loss or damage of any person, however caused, arising out of or in connection with your access to or use of our Website or reliance on any information or content on our Website.
In some places, like New Zealand and Australia, there may be non-excludable warranties, guarantees or other rights provided by law. They still apply – these terms do not exclude, restrict or modify them. Our liability for breach of such non-excludable consumer guarantee is limited, at our option, to re-performing the relevant service (unless the non-excludable consumer guarantee says otherwise).
Intellectual property
We or our licensors (as applicable) own all copyright and all other intellectual property rights that may subsist in this Website or any content presented on this Website (and we reserve all rights in relation to such material). You may use this Website for non-commercial purposes only, and you must:
- not remove any copyright, trademark and other proprietary notices contained in the content;
- transmit, sub-license or otherwise use for commercial purposes any portion of this Website without our prior written permission; and
- if we provide such permission, include an attribution to Immersve Limited if you use any information contained on our Website.
The trademarks appearing on our Website belong to us, our suppliers, or our licensors as applicable and are protected by law. You must not use or reproduce or allow anyone to use or reproduce those trademarks for any reason without prior written permission.
Feedback and unsolicited submissions
If you give us feedback or submit ideas about our Website or Services (Ideas), you:
- grant us the right to use, modify or develop those Ideas or variations on them to improve our Website and our Services (and for any other purpose we deem necessary or desirable) without being obliged to seek permission or provide payment or any other compensation in respect of our use of those Ideas and without any other restriction;
- waive any moral rights in those Ideas and consent to us freely using those Ideas without further consultation, consent or attribution to you;
- irrevocably assign to us all right, title, and interest in and to those Ideas and agree to provide us any assistance we require to document, perfect, and maintain our rights in those Ideas; and
- warrant that you have all necessary rights and titles grant us the right, title and interest described here.
Third party sites
Our Website may include links to external sites. These sites are not under our control and we are not responsible for, and we make no representations or warranties concerning the contents of any such external site. Such links are provided to you only as a convenience, and the inclusion of any link does not imply any recommendation, endorsement, verification, or certification by us of the linked site.
Jurisdiction
Our Website and these Terms are governed by the laws of New Zealand and the courts of New Zealand will have non-exclusive jurisdiction to hear and determine any dispute arising in relation to them. You must not object to the transfer of any proceedings to New Zealand courts on any basis, including inconvenience.