Terms of Subscription

General Terms: By this agreement Open Resource International Limited and its service suppliers (we, us, our) agrees to supply online services as contained and more particularly described on our Site www.openresource.co.nz and www.newsletterready.co.nz (the Service) to the subscribers office (customer, you).

Copyright: Information obtained from us has been supplied freely from the public domain or with consent from third party professional organisations.

Subscription Term. The service will be for a period of 12 months. After that it will be automatically renewed for successive monthly subscription periods unless terminated by us or you by written notice to the other at least 30 days before the expiry of the relevant subscription period. Any cancellation notified during the relevant subscription period will become effective at the next renewal date.

Payment: You agree to pay to us the monthly price payable for the Service at the agreed payment frequency until this contract is terminated, via Debitsuccess Limited of North Shore City, New Zealand direct debit authority from your nominated bank account. We will suspend access to the Service if payment is not made. Should there be any arrears in payments you authorise us to debit the outstanding balance in order to bring the account up to date. At any time we are entitled to change the price payable for the Service and shall give you notice not less than 30 days written notice of any change in the price payable.

Newsletter: You acknowledge that upon us emailing you the Newsletter Preview communication containing the proposed Newsletter we intend to send to your customers on your behalf, if you do not reply to his Newsletter Preview communication advising us of any changes we shall proceed to forward the Newsletter in its presented state to your customers. Furthermore it is for you to advise us if you do not receive the Newsletter Approval email by the 10th day of each month. It is your responsibility to add new customers to your customer database list and to advise us of any customers you would like removed from the list. You acknowledge and confirm that all addresses you provide us to send the Newsletter to, are in fact business customers of yours and you have at a minimum each of the address’s Inferred consent as defined by the Department of Internal Affairs – see http://www.dia.govt.nz/services-anti-spam-index.

Law: These Terms of Subscription are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.

Disclaimer: The Newsletter makes certain information and material available to you as a service, either through us, our suppliers, and our associated entities or otherwise. You acknowledge that we do not offer any opinion with respect to the nature, potential value or suitability of any particular transaction or strategy. Use of information contained in the Newsletter is at your own risk and we are not responsible for any adverse consequences arising out of such use. The material provided in the Newsletter has not been prepared by taking into account the particular objectives, situation or needs of any individual users.

Limitation of Liability and Indemnity: Although reasonable care has been taken to ensure the facts stated in the Newsletter are accurate and the opinions given are fair and reasonable, we do not give any warranty of accuracy, reliability or fitness for any purpose of the information contained in the Newsletter to you or any other person. To the fullest extent permitted by law, we exclude all responsibility and liability in relation to the Newsletter and we shall not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special, or loss of profits). You will take all necessary action to defend and indemnify us, its officers, employees, contractors and associated entities against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these Terms of Subscription or the Privacy Statement. In the unlikely event that you suffer any loss or damage in connection with the use of this service our aggregate liability to you and that of our employees, agents and contractors (whether in contract or tort, including negligence) on account of all defaults or other breaches arising from the provision of this service during each subscription period shall be limited to the amount that you have paid to us to use this service during that period. While care has been used in analysing the information, we give no warranty that the information supplied is free from error. We shall not be liable for any loss suffered through the use, directly or indirectly, of any information, product, or service provided.

Consequential Loss: In no circumstances are we, our employees, agents, contractors and associated entities liable to you for accidental, indirect, special or consequential damages whatsoever (including loss of profits) even if we have been advised of, knew or should have known of, the possibility of such loss or damage. We encourage you to exercise discretion while browsing the Internet using this service. We are not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in the Newsletters.

Other: For the purposes of the Contracts (Privity) Act 1982, and without limiting any other provision of these Terms of Subscription, the covenants of the customer contained in these Terms of Subscription are given for the benefit of Open Resource International Limited and each of its employees, agents, contractors and associated entities and are enforceable at the suit of any such person. If any provision of these Terms of Subscription is held to be unreasonable, invalid or unenforceable for any reason, that will not affect the validity of the other Terms of Subscription which will continue to be of full force and effect. We may change the Service or these terms at any time. If you use the Service after we have posted the changes you will be bound by the new terms.

Contact: If you have any questions, concerns or complaints in relation to the Site, the Newsletters or these Terms of Subscription please contact us via the following details: Open Resource International Limited, PO Box 137375, Auckland 1151, phone 0800 555-577, [email protected]