Terms

Hydroworks Website and Electronic Communications Terms of Use

Agreement and application

These terms of use (Terms) govern all users’ (you or your) use of Hydroworks Limited’s (Hydroworks, us and our) website (Website). By accessing the Website, you agree to be bound by these Terms. If at any time you do not agree to these Terms, please discontinue using the Website.

Updates

These Terms may be updated or amended from time to time with or without notice to you. If you continue to use the Website after any changes or amendments have been made you will be deemed to have agreed to those changes or amendments.

Privacy

Hydroworks will comply with its Privacy Policy, which can be accessed here. You accept and agree to this policy by using our Website. This policy covers the collection, holding and management of your personal information.

Links

We may include on our Website links to external websites or resources. We do not endorse the sites or resources to which we provide links from our Website. In addition, we accept no responsibility or liability in relation to any other websites or resources. You access these websites at your own risk.

Copyright

The Website consists of copyrighted content and material, which you agree is the intellectual property of Hydroworks. At any time, the Website Content includes video clips, sound clips, text, graphics, logos, images, icons and data.

In using the Website, you are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of, or using any of the Website Content for commercial or public purposes, unless otherwise consented to by us on the Website or unless we have given you express written consent to do so.

Branding

You may not publish or use Hydroworks’s brand, branding or logos except with our prior written consent.

Disclaimers

You use the Website and its content at your own risk.

We make no warranty or representation that:

  • the Website will meet your requirements;
  • that it will be of satisfactory quality;
  • that it will be fit for a particular purpose;
  • that it will be secure or that all information provided will be accurate.

We make no guarantee of any specific results from the use of the Website.

No part of this Website is intended to constitute advice, and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.

We endeavour to ensure that the Website is secure, however we do not warrant or guarantee that the site is free of:

  • viruses;
  • malicious computer code; or
  • other forms of interference that may damage your computer or any other device.

We also do not guarantee that access to this site will be uninterrupted, timely or secure.

Your use of the Website and Services may be subject to delay or interruption. We accept no liability for any disruption or non-availability of the Website resulting from causes beyond our control.

Limitation of liability

You agree that, to the maximum extent permitted by law, Hydroworks and its affiliates, officers, employees, agents and partners shall not in any way be liable to you for any loss or damage of any nature arising from your use of the Website (or any information contained in it) or the Services.

Indemnity

You agree to indemnify and hold us (and our officers, directors, agents and employees) harmless from any claim or demand, including reasonable legal fees, arising out of or related to your breach of these Terms or any law or the rights of a third party.

Electronic communications

You consent to receiving communication from us electronically and you agree that all agreements, notices and disclosures satisfy any legal requirement that such communication be in writing. You agree for the purposes of the Electronic Transactions Act 2002 to be bound by any agreement reached through electronic means.

Monitoring and security

To help us comply with laws in New Zealand (or overseas) or to improve cybersecurity you agree we can give information about you, including your interaction with Hydrowork’s computer systems and websites to police, other government agencies or third party service providers in New Zealand or overseas.

We can share information about your interactions with Hydrowork’s computer systems and websites if we believe sharing the information will help resolve or prevent fraud, money laundering, unauthorised access, attacks to computer systems or other crimes. We can share information about your interactions with Hydrowork’s computer systems and websites even if you are not involved in malicious activity for analysis purposes

No waiver

If we do not exercise or enforce any right available to us under these Terms, it does not in any way constitute a waiver of those rights.

Severability

If any provision of these Terms becomes or is held to be invalid, unenforceable or illegal for any reason that provision shall be severed from the remaining provisions, which shall continue in full force and effect.

Governing law

These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.

Communication

If you have any questions or concerns relating to these Terms, please contact Hydroworks at the address on the ‘Contact’ webpage.