Terms & Conditions
September 9, 2017
Welcome to NestorOps (“NestorOps”, “we”, “our” or “us”). These Terms of Service (the “Terms of Service” and/or “Terms”) contain the legal terms and conditions that govern your use of and access to www.nestorops.com and any connected sites (the “Site”) and our Agents, Software, Documentation, Forums and Content (all as outlined below and put together, the “Services”) (the web site and also the Services are noted put together because the “NestorOps Properties”). Please review these Terms of Service rigorously before victimisation the Services.
If you have got entered into a separate paid Enterprise agreement with NestorOps for specific services, then the terms of that agreement controls if it clash with these Terms.
If you have got not entered into a separate paid agreement with NestorOps for specific services, then by victimisation the NestorOps Properties, clicking on the “I Agree” Button, finishing the registration method, and/or browsing the positioning or downloading any of our Agents, you represent that (1) you have got browse, understand, and comply with be sure by the Terms of Service, (2) you’re of above 18years to make a binding contract with NestorOps, and (3) you have got the authority to enter into the Terms of Service in person or on behalf of the corporate or alternative organization you have got named because the user, and to bind that entity to those Terms of Service. Within the event you’re agreeing to those Terms of Service on behalf of a corporation or organization, “you” and “your” can check with the entity you’re representing.
Your use of, and participation in, bound Services is also subject to further terms (“Supplemental Terms”) and such Supplemental Terms can either be listed within the Terms of Service or are going to be bestowed to you for your acceptance once you sign in to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall management with reference to such Service. The Terms of Service and any applicable Supplemental Terms are noted herein because the “Terms”.
1.1 NestorOps could discontinue the Services. NestorOps could opt to modify or discontinue the Services, we have a tendency toll as any parts of the Services as we update our offerings and add additional options. We tend to could stop, suspend, or modify the Services at any time while not previous notice to you.
1.2 NestorOps could Modify These Terms. NestorOps could update these Terms from time to time. The foremost current version of those Terms are going to be announce on web site. Once changes are created, NestorOps can build a brand new copy of the Terms on the market at the positioning and any new Supplemental Terms are going to be created on the market from inside, or through, the affected Service on the positioning or inside the Agent. We are going to additionally update the “Last Updated” date at the highest of the Terms of Service. Any changes to the Terms are going to be effective straightaway for brand spanking new users of the NestorOps Properties and, for all alternative users, any changes to the Terms are going to be effective thirty (30) days once posting notice of such changes on the positioning, or inside or through the affected Service on the positioning, as applicable. If we tend to verify in our sole discretion that Associate in nursing update is material, we are going to advise you thru the Service and/or by email to the e-mail address related to the Administrator (defined below) for your account. We tend to may additionally inform you of updates to the Terms in our blogs. We tend to could need you to supply consent to the updated Terms in a very mere manner before more use of the NestorOps Properties is allowable. If you are doing not comply with any change(s) once receiving a notice of such change(s), you shall stop victimisation the NestorOps Properties. Otherwise, your continuing use of the NestorOps Properties constitutes your acceptance of such changes. Please check the positioning frequently to look at our then-current Terms.
1.4 Your Account. In registering for the Services, you comply with (1) Offer true, accurate, current and complete info regarding yourself as prompted by our registration type (“Registration knowledge”); and (2) Maintain and promptly update the Registration Data to stay it true, accurate, current and complete. You represent that you just don’t seem to be an individual barred from victimisation the NestorOps Properties below the laws of the New Zealand, your home of residence or the other applicable jurisdiction. You agree to not produce Associate in nursing account employing a false identity or info. You agree to not produce Associate in Nursing account or use the NestorOps Properties if you have got been antecedent removed by NestorOps, or if you have got been antecedent prohibited from any of the NestorOps Properties. it’s your responsibility to safeguard the login and Arcanum that you just use to access the Services and also the Forums and you agree to not share your login and Arcanum with any third party, as well as not sharing your login amongst 2 or additional users. You’re to blame for any activity originating from your account, despite whether or not such activity is allowed by you. You must advise NestorOps straightaway of any unauthorized use of your account.
1.5 Use of the NestorOps Properties. Subject to compliance with these Terms of Service, NestorOps grants to you a restricted, non-exclusive, non-transferrable, non-sub licensable right to: (i) access and use the NestorOps Properties for your internal business functions; (ii) use the Documentation in support of such access and use of the NestorOps Properties; and (iii) reproduce parts of the NestorOps Properties for the only real purpose of victimisation the NestorOps Properties for your internal business purposes. Unless otherwise mere by NestorOps in a very separate license, you’re right to use any NestorOps Properties is subject to the Terms.
- Agent License. Use of Associate in Nursing of our software system agents and associated documentation that’s created on the market via the positioning or the Services (each an “Agent”) is ruled by the terms of the license agreement that accompanies or is enclosed with the Agent, or by the license agreement expressly declared on the positioning page(s) attendant the Agent. These license terms is also announce with the Agent downloads or at the positioning page wherever the Agent is accessed. You’ll not use, transfer or install any Agent that’s in the course of or includes a license agreement unless you comply with the terms of such license agreement. At no time can NestorOps offer you with Associate in nursing tangible copy of an Agent. NestorOps shall deliver access to the Agents via electronic transfer or transfer and shall not use or deliver any tangible media in reference to the (i) delivery, installation, change or drawback resolution of any Agents (including any new releases); or (b) delivery, correction or change of documentation. Unless the attendant license agreement expressly permits otherwise, any repeating or distribution of the Agents is prohibited, as well as any repeating or distribution of the Agents to the other server or location, or distribution or use on a service agency basis. If there’s any conflict between the Terms and also the license agreement, the license agreement shall take precedence in respect to that Agent (except as provided within the following sentence). If the Agent could be a pre-release or beta version, then, aside from something to the contrary enclosed inside Associate in nursing attendant license agreement, you’re not allowable to use or otherwise have confidence the Agent for any industrial functions. If no license agreement accompanies use of the Agent, use of the Agent are going to be ruled by the Terms. Subject to your compliance with the Terms, NestorOps grants you a non-assignable, non-transferable, non-sub licensable, revocable, non-exclusive license to use the Agents for the only real purpose of sanction native you to use the Services within the manner allowable by the Terms.
- Updates. You perceive that the NestorOps Properties are evolving. As a result, NestorOps could need you to simply accept updates to the NestorOps Properties that you just have put in on your laptop or mobile device. You acknowledge and agree that NestorOps could update the NestorOps Properties with or while not notifying you. You’ll got to update third-party software system from time to time so as to use the NestorOps Properties.
- Free Trials and alternative Promotions. Any free trial or alternative promotion that gives you with free access to industrial Services (defined below) should be used inside the desired time of the trial. At the top of the test period, your use of that industrial Service can expire and any longer use of such industrial Service is prohibited unless you pay the applicable fees.
1.6 bound Restrictions. The rights granted to you within the Terms are subject to the subsequent restrictions: you’ll not (i) copy, modify, host, sublicense or sell the Services; (ii) frame or utilize framing techniques to surround any trademark, logo, or alternative NestorOps Properties (including pictures, text, page layout or form) of NestorOps; (iii) use metatags or alternative “hidden text” victimisation NestorOps’s name or trademarks; (iv) modify, translate, adapt, merge, build by-product works of, dismantle, decompile, reverse compile or reverse engineer any a part of the NestorOps Properties except to the extent the preceding restrictions are expressly prohibited by applicable law; (v) use any manual or automatic software system devices or alternative processes (including however not restricted to spiders, robots, scrapers, crawlers, avatars, data processing tools or the like) to “scrape” or transfer knowledge from any websites contained within the web site (except that we tend to grant the operators of public search engines reversible permission to use spiders to repeat materials from the positioning for the only real purpose of and alone to the extent necessary for making in public on the market searchable indices of the materials, however not caches or archives of such materials; (vi) access the NestorOps Properties so as to make the same or competitive web site, application or services; (vii) take away or destroy any copyright notices or alternative proprietary markings contained on or within the NestorOps Properties; (viii) access or try the access the Services by any suggests that aside from what NestorOps provides or expressly allows; (ix) modify, adapt or hack the Services or modify another web site therefore on incorrectly imply that it’s related to the Services, NestorOps, or the other NestorOps service; (x) reproduce, duplicate, copy, sell, sell or exploit any portion of the Services, use of the Services, or access to the Services, while not the categorical written permission by NestorOps; (xi) transmit any worms or viruses or any code of a harmful nature; or circumvent any use restrictions place into place to forestall bound uses of the Services; (xii) violate any holding right of any third party or behave in a very manner that’s unlawful, or otherwise in violation of our Community Guidelines; (xiii) misrepresent your affiliation with an individual or entity; (xiv) decide to disable, impair, or destroy the Services or disrupt or inhibit the other user from victimisation the Services; (xv) market or advertise through the Services; (xvi) use any data processing or similar knowledge gathering and extraction ways in reference to the Services; or (xvii) use the NestorOps Properties to violate any applicable law.
1.7 Accessibility of the Services. Info describing the Services is accessible worldwide however this doesn’t mean the Services or bound parts of the Services square measure obtainable in your country. We have a tendency to could prohibit access to parts of the Services in bound countries. It’s your responsibility to create certain your use of the Services is legal within the country wherever you reside. The Services might not be obtainable altogether languages. If at NestorOps’s cheap determination, you’re mistreatment the NestorOps Properties in a very manner that violates laws, creates associate excessive burden or potential adverse impact on NestorOps’s systems, additionally to any of its different rights or remedies, NestorOps could, while not liability to NestorOps, now suspend your access to the NestorOps Properties.
1.8 Your knowledge. Use of the Services could depend upon your transmission of bound knowledge (your “Data”). You keep all rights and possession in your knowledge. We have a tendency to don’t claim any possession rights in your knowledge. You represent and warrant that you simply have the mandatory rights and licenses required to supply your knowledge to NestorOps in reference to your use of the Services which by providing your knowledge during this manner, you may not violate any holding rights of third parties, confidential relationships, written agreement obligations or laws. While not limiting the generality of the preceding, you shall give all notices to, and procure any consents from, any knowledge subject pro re natal by any applicable law, rule or regulation in reference to the process of any in person place able info of such knowledge subjects via the Services by NestorOps and/or you. You shall be only accountable for guaranteeing that any process of information by NestorOps and/or you via the Services doesn’t violate any applicable laws. You shall not method or suffer the Services any knowledge that has any: (i) “personal health info,” as outlined underneath the insurance movability and answerableness Act, unless it enters into a separate agreement with NestorOps about the process of such data; (ii) government issued identification numbers, as well as Social Security numbers, driver’s license numbers and different state-issued identification numbers; (iii) money account info, as well as checking account numbers; (iv) payment card knowledge, as well as MasterCard or charge account credit numbers; or (iv) “sensitive” personal knowledge, as outlined underneath Directive 95/46/EC of the EU Parliament (“EU Directive”) and any national laws adopted consistent to the EU Directive, concerning residents of New Zealand Confederation and any member country of the EU Union, as well as racial or ethnic origin, philosophy, spiritual beliefs, union membership, physical or mental state or condition, sexual life, or the commission or alleged commission any crime or offends
- User choice to encode. NestorOps provides you with the choice to encode the transmission of your knowledge. You acknowledge that it’s your responsibility to encode the transmission of your knowledge do you have to want to safeguard it. Within the event you opt to not utilize coding and transmit your knowledge unencrypted over a network, you assume all connected risks for doing therefore. NestorOps won’t be answerable for any liabilities arising from your use of the Services (including your transmission of Data) over the net or different network.
1.9 NestorOps Stores Your knowledge within the New Zealand. NestorOps provides the Service from the New Zealand. By mistreatment and accessing the Service, you perceive and comply with the storage and process of your knowledge and the other info you decide on to supply within the New Zealand. NestorOps reserves the proper to store and method your knowledge and the other info you decide on to supply outside of the New Zealand and can endeavour to grant you thirty days’ notice within the event of such an amendment.
1.10 NestorOps Proprietary Rights. Except with reference to your knowledge and your User Content (defined below), you agree that NestorOps and our suppliers own all rights, title and interest within the NestorOps Properties and Content. NestorOps’s computer code and different technology which will be accustomed give the Services square measure protected by copyright, trademark, and different laws of each the New Zealand and foreign countries. You may not take away, alter or obscure any copyright, trademark, service mark or different proprietary rights notices incorporated in or attendant the NestorOps Properties. These terms don’t grant you any right, title, or interest in any of the NestorOps Properties or any Content aside from your knowledge and your User Content. These Terms don’t grant you any rights to use the NestorOps emblems, logos, domain names, or different whole options.
1.11 Your Feedback. We have a tendency to appreciate your concepts, comments, suggestions, documents and/or proposals (“Feedback”). You represent and warrant that you simply have all rights necessary to submit the Feedback and you herewith grant NestorOps a completely paid, royalty-free, perpetual, irreversible, worldwide, non-exclusive, and totally sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, produce by-product works of, and otherwise commercially or non-commercially exploit in any manner, any and every one Feedback.
2.1 NestorOps Forums. Your NestorOps account provides you access to the NestorOps Community Forums and different public areas on the NestorOps Properties (collectively, the “Forums”). By accessing the Forums, you acknowledge that you simply square measure only liable and accountable for however you utilize the Forums, moreover as any damages which will result from the speech act of your User Content. You furthermore acknowledge that it’s potential that you simply are going to be exposed to User Content from others that you simply may take into account offensive, indecent, or otherwise objectionable. Views expressed on the Forums don’t essentially replicate NestorOps’s views. NestorOps doesn’t endorse User Content announce by you or others. Bound User Content from others could also be incorrectly labelled, rated, or classified.
- License to Your Content. You grant NestorOps a completely paid, royalty-free, perpetual, irreversible, worldwide, royalty-free, non-exclusive and totally sub licensable right (including any ethical rights) and license to use, license, distribute, reproduce, modify, adapt, in public perform, and in public show, User Content (in whole or in part) for the needs of operative and providing the Services to you. Please bear in mind that different users could hunt for, see, use, modify and reproduce any of your User Content that you simply suffer any Forum or different “public” areas of the NestorOps Properties. You warrant that the holder of any worldwide holding right, as well as ethical rights, in your User Content, has utterly and effectively waived all such rights and with validity and irrevocably granted to you the proper to grant the license explicit higher than. You agree that you simply, not NestorOps, square measure accountable for all of your User Content.
- No Obligation to Pre-Screen User Content. You acknowledge that NestorOps has no obligation to pre-screen any info, data, text, software, music, sound, images, video, messages, tags or different materials submitted by you or different users (“User Content”) announce or otherwise created obtainable by users and accessible through the NestorOps Properties (“NestorOps Content”), though we have a tendency to reserve the proper in our sole discretion to pre-screen, refuse or take away any User Content. By moving into the Terms, you give your irreversible consent to such observance. You acknowledge and agree that you simply don’t have any expectation of privacy regarding the transmission of you User Content which we have a tendency to reserve the proper to get rid of any User Content that violates the Terms or is otherwise objectionable. Within the event that we have a tendency to pre-screen, refuse or take away any User Content, you acknowledge that we are going to do therefore for our profit, not yours.
- Storage. Unless expressly in agreement by NestorOps in writing elsewhere, we’ve no obligation to store any of your User Content that you simply transfer, post, email, transmit or otherwise create obtainable on or through the NestorOps Properties. We’ve no responsibility or liability for the deletion or accuracy of any User Content, as well as the failure to store, transmit or receive transmission of your User Content; or the protection, privacy, storage or transmission of different communications originating with or involving use of the NestorOps Properties.
2.2 Business Services. NestorOps offers many styles of paid Services subject to Supplemental Payment Terms (“Commercial Services”). Business Services square measure listed on NestorOps’s product info page obtainable at WWW.newrelic.com/products. Any info provided by NestorOps concerning potential future merchandise, features, or practicality is meant to stipulate our general product direction and may not be relied upon by you in creating a getting call. Any info shared with you concerning potential future merchandise isn’t a commitment, promise, or legal obligation to deliver any material, code, or practicality. The event, release, and temporal order of any future options or practicality delineate for our merchandise remains at NestorOps’s sole discretion and should be altered or withdrawn at any time out of the blue.
2.3 Support. Technical support is just provided to users of economic Services supported your specific purchased Service. If you’re mistreatment the Service via a nonfat account, NestorOps provides support via the Forums and access to NestorOps installation guides and different documentation associated with the Service.
2.4 Account directors. You will specify finish users as “Administrators” through the executive console of the Services. Directors could have the power to access, disclose, prohibit or take away knowledge in or from Services accounts. Directors may additionally have the power to observe, restrict, or terminate access to Services accounts for his or her finish users. NestorOps responsibilities don’t reach your internal management or administration of the Services. You’re accountable for: (i) maintaining the confidentiality of passwords of your account and any Administrator accounts; (ii) managing access to Administrator accounts; and (iii) guaranteeing that Administrators’ use of the Services complies with this Agreement.
2.5 Unauthorized Use & Access. You may forestall unauthorized use of the Services by your directors and your finish users and terminate any unauthorized use of or access to the Services. You may promptly advise NestorOps of any unauthorized use of or access to the Services.
2.6 Third Party Technology. The Services could contain links to 3rd party websites or technology (for example, we have a tendency to could host a library of plugins created by entities aside from NestorOps) (“Third Party Technology”). NestorOps doesn’t endorse and isn’t accountable or answerable for the merchandise or services provided by such third parties. NestorOps isn’t accountable for the operation or practicality of such Third Party Technology. You’re only accountable for your use of any Third Party Technology. Additionally, we have a tendency to could give you with computer code ruled by associate open supply license. If there square measure provisions in those open supply licenses that expressly conflict with these Terms, the relevant open supply license terms can apply. ANY THIRD PARTY TECHNOLOGY DOWNLOADED OR OTHERWISE OBTAINED IN reference to YOUR USE OF THE NESTOROPS PROPERTIES is completed therefore AT YOUR OWN DISCRETION AND RISK, AND you may BE only accountable for AND herewith WAIVE ANY and every one CLAIMS AND CAUSES OF ACTION WITH reference to ANY harm TO YOUR computing system, net ACCESS, transfer OR show DEVICE, OR LOSS of information THAT RESULTS FROM THE transfer OF ANY SUCH THIRD PARTY TECHNOLOGY.
- Indemnification. You comply with indemnify and hold NestorOps, its oldsters, subsidiaries, affiliates, officers, agents, employees, resellers or different partners and licensors harmless from any claim, demand, loss, or damages, as well as cheap attorneys’ fees, arising out of or associated with your knowledge, or the employment therefrom, as well as however not restricted to allegations that any process of your knowledge by NestorOps and/or you underneath this Agreement violates any applicable law or regulation, or infringes the privacy or holding rights of a 3rd party, your User Content, your use of the NestorOps Properties, your violation of those terms, or your violation of any law.
- The Service is obtainable “AS-IS” AND while not guarantee. NESTOROPS PROVIDES THE NESTOROPS PROPERTIES “AS IS” associated ON AN “AS AVAILABLE” BASIS. YOUR USE OF THE NESTOROPS PROPERTIES IS AT YOUR OWN RISK. NESTOROPS PROVIDES THE NESTOROPS PROPERTIES while not specific OR silent guarantee OR CONDITION OF ANY KIND. We have a tendency to additionally DISCLAIM ANY WARRANTIES OR CONDITIONS OF state, FITNESS FOR a specific PURPOSE OR NON-INFRINGEMENT. NestorOps makes no guarantee or condition that the NestorOps Properties can meet your needs or be uninterrupted, timely, secure or error-free. NestorOps makes no guarantee or condition that results obtained from your use of the NestorOps Properties are going to be correct or reliable or that any errors within the NestorOps Properties are going to be corrected. NestorOps can don’t have any responsibility for any damage to your computing system, loss or corruption of information, or different damage that results from your access to or use of the NestorOps Properties. No recommendation or info, whether or not oral or written, obtained by you in reference to your use of the NestorOps Properties shall produce any guarantee not expressly explicit in these Terms. FROM TIME TO TIME, NESTOROPS could provide NEW “BETA” options OR TOOLS WITH that USERS could EXPERIMENT. SUCH options OR TOOLS square measure OFFERED only FOR EXPERIMENTAL functions AND with none guarantee OR CONDITION OF ANY IND, and should BE changed OR out of print AT ANY TIME AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH options AND TOOLS. Some states don’t permit the categories of disclaimers during this paragraph, in order that they might not apply to you.
- NestorOps’s Limitation of Liability. TO THE FULLEST EXTENT permissible BY LAW, IN NO EVENT can NESTOROPS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE answerable for ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR of import (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, in spite of LEGAL THEORY, whether or not OR NOT NESTOROPS HAS BEEN WARNED OF the likelihood OF SUCH DAMAGES, AND notwithstanding A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NESTOROPS’S mixture LIABILITY FOR ALL CLAIMS about THE SERVICES, THE SITE, THE AGENTS and also the FORUMS can in any respect TIMES BE restricted TO THE larger OF FIFTY NEW ZEALAND DOLLARS (NEW ZEALAND $50) OR THE AMOUNTS YOU PAID TO NESTOROPS within the TWELVE (12) MONTHS now PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. The restrictions OF DAMAGES SET FORTH higher than square measure basic parts OF the idea OF the discount BETWEEN NESTOROPS AND YOU. Some states don’t permit the categories of limitations during this paragraph, in order that they might not apply to you.
- Termination. we have a tendency to reserve the proper to suspend or stop providing the NestorOps Properties or any portion of the NestorOps Properties, at any time, with or while not cause, and with or all at once. We have a tendency to might suspend or terminate your use of the NestorOps Properties if you’re not compliant with these Terms, or if you utilize the Services in any manner that would cause us legal liability or disrupt others’ use of the Services. If we have a tendency to suspend or terminate your use, we are going to attempt to allow you to apprehend before. If you would like to terminate the Services at any time, you’ll do thus by (a) notifying NestorOps and (b) closing your account for the Services that you just use. Your written notice ought to be sent to NestorOps’s address set forth within the Notice section below or to: Info@Nestorbird.com.
- Result of Termination. Termination of any Service includes removal of access to such Service and exclusion of any use of the Service. Termination of all Services additionally includes deletion of your secret and everyone connected info, files and knowledge related to or within your account, together with your knowledge. Upon termination of any Service, your right to use such Service can mechanically terminate now. You perceive that any termination of Services might involve deletion of your knowledge associated with that from our live databases. NestorOps won’t have any liability whatever to you for any suspension or termination, together with for deletion of your knowledge. All provisions of those Terms that by their nature ought to survive, shall survive termination of Services, together with while not limitation possession provisions, assurance disclaimers and limitations of liability.
- Electronic Communications. The communications between you and NestorOps use electronic means that, whether or not you visit the NestorOps Properties or send North American country e-mails, or whether or not we have a tendency to post notices on the NestorOps Properties or communicate with you via e-mail. For written agreement functions, you (a) consent to receive communications from New Zealand country in associate electronic form; and (b) agree that everyone terms and conditions, agreements, notices, disclosures, and alternative communications that we offer to you electronically satisfy any legal demand that such communications would satisfy if it were to be in writing. Your consent during this section doesn’t have an effect on your statutory rights.
- Notice. Wherever NestorOps needs that you just give associate e-mail address, you’re liable for providing North American country together with your most current e-mail address. Within the event that the last e-mail address you provided to North American country isn’t valid, or for any reason isn’t capable of delivering to you any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice can however represent effective notice. you’ll provide notice to North American country at the subsequent address: NestorOps, Inc, 49 Cumberland Drive, Flagstaff, Hamilton, New Zealand 3210.Such notice shall be deemed given once received by NestorOps by letter delivered by across the nation recognized long delivery service or firstclass postage paid mail at the higher than address.
- Export management. you’ll not use, export, import or transfer the NestorOps Properties except as licensed by NEW ZEALAND law, the laws of the jurisdiction within which you obtained the NestorOps Properties and the other applicable laws. Specially, however while not limitation, the NestorOps Properties might not be exported or re-exported (a) into any us embargoed countries, or (b) to anyone of the New Zealand Treasury Department’s list of specially selected Nationals or the NEW ZEALAND Department of Commerce’s Denied Person’s List or Entity List. By mistreatment the NestorOps Properties, you represent and warrant that (i) you’re not settled in a very country that’s subject to a NEW ZEALAND Government embargo, or that has been selected by the NEW ZEALAND Government as a “terrorist supporting” country and (ii) you’re unlisted on any NEW ZEALAND Government list of prohibited or restricted parties. You furthermore might won’t use the NestorOps Properties for any purpose prohibited by NEW ZEALAND law, together with the event, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that merchandise, services or technology provided by NestorOps area unit subject to the export management laws and laws of the New Zealand. You shall go with these laws and laws and shall not, while not previous NEW ZEALAND government authorization, export, re-export, or transfer the NestorOps Properties, or any portion thence, either directly or indirectly, to any country in violation of such laws and laws.
- Governing Law. The Terms and any action connected to it are going to be ruled and understood by and beneath the law of New Zealand, while not giving result to any principles that give for the applying of the law of another jurisdiction.
- General Terms. These Terms represent the whole and exclusive agreement between NestorOps and you with relevancy the Services and come after and replace the other agreements, terms and conditions applicable to the Services. These Terms represent the whole and exclusive agreement between NestorOps and you with relevancy the NestorOps Properties and come after and replace the other agreements, terms and conditions applicable to the Services. Purchase orders placed by you shall be for the only purpose of specifying the business Services that you just want to get. the other terms declared in any commercial document delivered to NestorOps by you, aside from consistent to associate form provided by NestorOps, shall don’t have any result. These Terms produce no third party beneficiary rights. NestorOps’s failure to enforce a provision isn’t a release of its right to try to thus later. If a provision is found unenforceable the staying provisions of the Agreement can remain fully result associated an enforceable term are going to be substituted reflective our intent as closely as doable. You’ll not assign any of your rights in these Terms, and any such try is void, however NestorOps might assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business related to the Services. You associated NestorOps aren’t legal partners or agents; however rather we’ve a freelance contractor relationship. NestorOps won’t be liable for any failure to perform or delay in playacting any of its obligations beneath these Terms wherever and to the extent that such failure or delay results directly or indirectly from an occasion on the far side NestorOps’s affordable management.
49 Cumberland Drive, Flagstaff
Hamilton, New Zealand