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Terms and Conditions of use of NoCowboys.co.nz
Version 3.0, 19th November, 2019

  1. Acceptance of Terms and Conditions
    1. NoCowboys Limited ("we", "us", "our", "NoCowboys"), trading as NoCowboys.co.nz, provides the services contained in this site to you under these terms and conditions.
    2. Each time you access this internet site ("Site"), you confirm that you have read and understood the terms and conditions. We may amend these terms and conditions from time to time in our sole discretion and we recommend that you check them on a regular basis.
    3. By accessing this Site you are indicating your agreement to be bound by all of these terms and conditions, including any amendments made to them from time to time.
  2. General Services
    1. The services provided by NoCowboys ("Services") include a dynamic online directory of tradespeople and companies ("Businesses") and NoCowboys Jobs, a forum in which customers/clients are able to post jobs which they want done by Businesses. NoCowboys also provides a range of related services.
  3. General Provisions
    1. Intellectual Property
      1. NoCowboys.co.nz images and logos referenced in this Site and the contents of this Site are subject to intellectual property rights belonging to us. Other product and business names mentioned herein may be the intellectual property of the respective owners.
      2. Any rights not expressly granted herein are reserved. You agree not to breach any trade mark, copyright, patent, design or other rights in relation to all trade marks, information, images, logos and other intellectual property included in this Site. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted in writing by us.
      3. You agree not to download, copy, transmit, "data-mine", "scrape" or otherwise replicate any of the information on this Site, including ratings and comments, for any business purpose, whether by electronic or any other means whatsoever.
    2. Governing jurisdiction
      1. This agreement is governed by the laws in force in New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New Zealand.
      2. This Site is serviced by us from our offices in New Zealand. We make no representation that materials on this Site are appropriate or available for use in locations outside New Zealand, and do not authorise access to them from territories where their contents might be illegal or prohibited under the laws of such territories.
    3. Assignment
      1. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice on the Site.
    4. Links to Third Party Sites
      1. We are not responsible for the contents of any linked site. We do not imply any endorsement of links from and to this Site except where expressly stated.
    5. Copyright Notice
      1. © 2006, NoCowboys Limited, Lumley Centre, 88 Shortland Street, PO Box 3798, Auckland 1140, DX CP24061, New Zealand.
    6. Entire Agreement
      1. These terms and conditions constitute the entire agreement between you and us and supersede all prior representations, agreements, statements and understandings whether verbal or in writing.
  4. No Warranties/Disclaimer
    1. You expressly understand and agree that:
      1. Your use of the Site is at your sole risk. To the maximum extent permitted by law, NoCowboys disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
      2. No Cowboys does not warrant that the Services provided will be uninterrupted, timely, secure, or error free, or that any information (including feedback) provided on the Site is accurate, error-free or reliable;
      3. NoCowboys does not warrant the accuracy, adequacy, quality, currency, validity, completeness or suitability of the Services or any other information available on this Site for any purpose. The Site and Services are provided on an "as is" and "as available" basis;
      4. NoCowboys does not warrant that this Site and the Services will be free of infection by viruses, worms, trojan horses or anything else containing destructive properties;
      5. No advice or information that is obtained by you from the Site or NoCowboys or anyone else shall create any warranty by NoCowboys that is not expressly stated in these terms and conditions;
      6. NoCowboys does not make any warranties in respect of the Businesses featured or recommended on this Site or the services performed by those Businesses, including the services provided by those Businesses who are appointed to carry out jobs posted on NoCowboys Jobs;
      7. NoCowboys does not necessarily endorse, support, sanction, encourage, verify or agree with the ratings and/or comments posted by users of the Site;
      8. Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute NoCowboys' recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
      9. In no event shall we be liable for any loss sustained by you arising out of or in connection with the use or performance of this Site by you or others, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss whether at law or in tort or otherwise.
  5. Ratings and Comments on Businesses
    1. You acknowledge that NoCowboys provides a forum in which the performance of Businesses can be rated by their customers/clients. In posting such ratings and/or comments, you warrant that:
      1. You have engaged this business to work for you;
      2. The statements of fact reflected in the ratings and/or comments posted by you are true or not materially different from the truth;
      3. The opinions reflected in the ratings and/or comments posted by you are genuine and honestly held by you.
      4. You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, harmful to the business interests of NoCowboys, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law or regulation;
      5. You will not submit or post any material which constitutes junk mail or unauthorised advertising, including solicitation of other users to buy or sell any products or services without the prior written consent of NoCowboys.
      6. The work reviewed was completed within the 24 months prior to posting the review.
      7. You will not post more than 1 rating per 60 day period per business even if you have engaged them to work for you more than once per 60 day period. Only one rating per job engaged is permitted subject to the 60 day limit above.
    2. Irrespective of any monitoring of ratings, comments or other content on the Site which NoCowboys may choose to undertake, NoCowboys shall not be responsible for screening, editorial, or other control over ratings, comments or other content and you acknowledge that the Site may include material that could be deemed distasteful, misleading, inaccurate, offensive, or otherwise objectionable.
    3. NoCowboys assumes no responsibility or liability for the preservation of content on the Site and may modify or remove it at its sole discretion.
    4. If a business subcontracts works to a third party the referring business may, at NoCowboys' sole discretion, be rated by the end user. The party completing the work may also be rated.
    5. NoCowboys Ltd reserves the right to audit ratings to ensure their legitimacy. When an audit is undertaken raters will be asked to provide evidence of work carried out. While ratings are being audited they will be temporarily removed – and will be reinstated when sufficient evidence has been provided.
  6. Registered Businesses
    1. If you have registered your Business with NoCowboys, the additional terms and conditions set out in clause 6 will also apply.
    2. NoCowboys, subject to these terms and conditions, will provide your Business with the Site improvement benefits described in the link entitled "Why Register?" on NoCowboys.co.nz.
    3. In posting or submitting material about your Business on the Site, you warrant that:
      1. All such material is not private and is intended for publication on the Site;
      2. You grant NoCowboys the unrestricted right to use, reproduce, modify, translate and distribute any material you post or submit to the Site in any medium and for any purpose, including commercial uses;
      3. All such material is truthful and accurate to the best of your knowledge;
      4. You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, harmful to the business interests of NoCowboys, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law or regulation.
    4. You agree not to post, or to encourage or procure others to post, ratings and/or comments about your Business on the Site which are untrue, inaccurate or misleading.
    5. You agree to not to coerce or intimidate to acquire or change ratings or comments about your Business and you understand that such activity may result in the removal of your Business from the Site.
    6. You agree not to disclose your login details to third parties. If you do so, you are liable for any breach of these terms and conditions by third parties using your login details and the indemnity referred to in clause 7 below is extended accordingly.
    7. You acknowledge and accept that NoCowboys is entitled to withdraw the benefits of registration or to remove your Business from the Site at NoCowboys’ sole discretion.
    8. You acknowledge that, as at the date of these terms and conditions, the charges for becoming a registered business are $799 per annum.
    9. You acknowledge that NoCowboys may increase or reduce its charges for registered Businesses and that 30 days notice in writing and/or alteration of the charges in these terms and conditions shall be adequate notice to you.
    10. You acknowledge and accept that NoCowboys is entitled to withdraw the benefits of registration or to remove your Business from the Site in the event of non-payment by you.
    11. You acknowledge that charges for registered Businesses will not be refundable except at the discretion of NoCowboys.
    12. You acknowledge any business that habitually subcontracts works obtained from NC Jobs (NoCowboys Jobs) to a third party agrees to pay the premium negotiated rate, if required by NoCowboys, at the sole discretion of NoCowboys.
  7. NC Web Hosting
    1. Background
      1. This agreement covers the supply of all website hosting ordered by the Client from NoCowboys Ltd (NC WEB) and lists the contractual obligations of both parties, even in the absence of a specific written contract.
      2. NC WEB hosting service is designed to serve the web hosting needs of small, independently owned and operated businesses. It is not appropriate to use the service to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems.
      3. NC WEB hosting offers cloud hosting. For most people and projects cloud hosting will be a very secure and a great fit. They provide:
        • Free and automated SSL certificates
        • WordPress dashboard
        • Automatic daily backups stored in a secure offsite location
      4. Server Management is included so if problems arise and downtime happens you will be notified. Your server will be monitored 24/7/365.
        • 24/7/365 Active Monitoring
        • Automated Updates
        • Server Security Patching
    2. Terms
      Subject to the terms and conditions of this Agreement, NC Web will provide Web Hosting services to the Client subject to the following terms:
      1. Length of Service
        The Client agrees to an initial twelve (12) month contractual term of service ("Term").
      2. Service Start Date
        The contractual term of service begins on the date of the first invoice generated for the service and this will also be the hosting anniversary renewal date.
      3. Renewal by the Client
        This Agreement will automatically renew for a successive twelve (12) month Term on the anniversary date of the hosting, unless cancelled in writing by the Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of the service by the Client indicates agreement to any Contract revisions and price changes. Renewal fees for the web hosting term will be automatically invoiced to the Client's account.
    3. Lawful Use Only
      1. The Client will use the web hosting for lawful purposes only. The display of adult or indecent content is strictly prohibited and will result in immediate cancellation of the hosting service. Nor will the hosting be used in support of any illegal activities or activities that breach New Zealand law. The transmission of any material that infringes the proprietary rights of any third party is also prohibited.
    4. Trademarks And Copyrighted Material
      1. The Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
    5. Terms Of Payment
      1. Payment for hosting is via direct debit from a bank account or credit card and is due within 7 days of invoicing. NC Web has the right to revoke any credit extended if payment is in arrears for more than 30 days. NC Web has the right to suspend the hosting account for non-payment. Any debt collection costs incurred by NC Web for recovery of any monies owed to NC Web by the Client will be paid for by the Client.
    6. Account Termination & Cancellation Of Services
      1. NC Web may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from NC Web of said failure, 2) appointment of A Receiver or upon the filing of any application by the Client seeking relief from creditors, 3) upon mutual agreement in writing of NC Web and Client. The Client may cancel by providing written notice of cancellation at least 30 days prior to the end of Term renewal date. Should the Client cancel part way through a fixed-term any amounts paid in advance for Services will not be refunded.
    7. Deletion Of Hosting Account Data
      1. On termination or cancellation of this agreement for whatever reason, NC Web has the right to delete all data and files residing on the hosting account including but not limited to WordPress installation files, themes, plugins and content uploads.
    8. Warranties
      1. NC Web makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. NC Web also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of NC Web is at Client's own risk, and NC Web specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. NC Web does not represent guarantees of speed or availability of end-to-end connections. NC Web expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. NC Web specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
    9. Limitation Of Liability
      1. IN NO EVENT WILL NOCOWBOYS LTD, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF NC WEB IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NC WEB'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NC WEB FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY.
    10. Indemnification
      1. The Client agrees to indemnify, defend and hold harmless NC Web, from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable legal fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) the Client's use of the Services, (ii) any breach or violation by the Client of this Agreement; or (iii) any acts or omissions by the Client. The terms of this section shall survive any termination of this Agreement.
    11. Applicable Law
      1. This agreement shall be interpreted in accordance with the laws of New Zealand. If the Client acquires the services for the purpose of a business, they agree that the provisions of the Consumers Guarantee Act 1993 do not apply to the service provided.
    12. Severability
      1. If any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable; the remaining provisions of this agreement shall not be void for this reason alone. The invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable provision which reflects the original intention of the parties.
    13. Force Majeure
      1. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  8. NoCowboys Limited (NC Web) Website Terms & Conditions
    This agreement covers the supply of all website design services and website design packages ordered by the Client from NoCowboys Ltd (NC WEB) and lists the contractual obligations of both parties, even in the absence of a specific written contract.
    1. Commencement of Website Design Services
      NC Web will commence the supply of website design services only after receiving the following from the Client:
      1. Written or email confirmation of the order by the Client; and
      2. Final contents for the website, including logo, graphics, and website copy; and
      3. If requested by NC Web, any deposit payment;
    2. Obligations and Responsibilities
      The Client and NC Web agree to the following:
      1. NC Web Obligations
        1. NC Web will provide website design services in a fair and reasonable manner and will endeavour to develop an excellent working relationship with the Client. NC Web will:
        2. Consult with the client as to their specific website design requirements
        3. Prepare and supply to the client, website design concept proofs for the client to review and sign-off
        4. Supply the client with a website and website pages that match the website design visual signed off by the client
        5. Set up website hosting if hosting has been ordered by the Client
        6. Keep the client well informed of the design process and provide the client with regular updates throughout the website design process
      2. Client Obligations
        The client will:
        1. Provide clear and unambiguous instructions to NC Web as to their website design requirements
        2. Provide the contents for the website in a timely manner
        3. Sign off the website deliverables in a timely manner and prior to the website going live
        4. Inform NC Web of any issues that may impact on the delivery of the website
        5. Respond to requests for information from NC Web in a timely manner
    3. Testing, sign off & requirements in addition to the chosen website design package
      1. NC Web will request that the Client signs off the website design concept and the final website. If the Client is not satisfied with the design concept or the final website, NC Web will make the necessary changes so long as the changes are within the scope of the chosen website design package. This process will continue until the design concept or final website is accepted and signed off in writing (or via email) by the Client. If the Client requests additional or changed functionality or content that falls outside of the website package ordered by the Client NC Web will charge for these additional requirements on an hourly basis.
    4. Payment terms
      1. A non-refundable deposit is due on ordering of the website
      2. If the website development extends beyond 40 days, NC Web may at its discretion invoice the Client progress payments
      3. All invoices are due within 7 days from the date of invoicing
      4. NC Web will only put the website live once all invoices have been paid for in full
    5. Overdue accounts
      1. Any debt collection costs incurred by NC Web for recovery of any monies owed to NC Web by the Client will be paid for by the Client
      2. NC Web reserves the right to charge 12% interest on any overdue amount
      3. NC Web may at its sole discretion refuse to provide further services to the Client due to overdue accounts or poor payment history
      4. NC Web may suspend any website it hosts without notice due to unpaid accounts, website hacks or website instability
      5. NC Web may suspend any developer licensing it has provided to the client for commercial plugins used on the client's website due to unpaid accounts
    6. Pricing & GST
      1. The price for the website will be the price advertised at the time of the order for the chosen website package or service, plus any additional charges incurred for requests over and above the scope of the chosen website package or service. Additional work will be charged out at NC Web' normal hourly rate. NC Web may change its hourly rate at any time and without notice to the Client. GST is payable by all New Zealand residents but does not apply to overseas orders.
    7. Copyright
      1. The Client must have permission to use any artwork, imagery or content they supply to NC Web. The Client will indemnify NC Web against any legal proceedings that may arise due to any breach of Copyright caused by material provided by the Client to NC Web for use in the website design.
    8. Ownership of Website
      1. NC Web will provide a finished website to the Client in the form of source code and asset files. These files become the exclusive property of the Client upon acceptance of delivery, however these files are partially based on a non-exclusive code base created and maintained by NC Web and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the finished website. In addition, the website may depend on code, objects and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets. In the case where Open Source software or premium WordPress software has been used in the development of the website, the licensing and intellectual property rights will be those that are attached to the software and copyright of that software and will be retained by the original software developer(s).
    9. Client agrees to receive electronic messages from NC Web
      1. The client agrees to receive electronic commercial messages from NC Web. NC Web will not send messages to the Client should the Client opt out of receiving electronic messages from NC Web.
    10. Maintenance after the Website is Live
      1. Any website changes or updates requested by the Client after the website has gone live, will incur additional fees and will be charged out by NC Web at their normal hourly rate as published on their website.
    11. Search Engine Optimisation (SEO)
      1. The website pages will be accessible to the search engines; however, NC Web does not provide any guarantee of any improvement in your search engine rankings or that your website will rank for any specific keyword or keyword phrase. SEO is a specialist skill and you may need to engage the services of an SEO specialist to achieve the desired search engine rankings.
    12. Browser Testing
      1. NC Web will test the final website in the most commonly used modern web browsers. NC Web cannot guarantee that the website will look identical on all web browsers, but it will look to be an approximation of the design concept signed off by the client.
    13. Mobile Testing
      1. The website will be mobile phone 'friendly' and responsive in design so that it 'adapts' to the size of the device accessing the website. The mobile website will not look identical to the desktop website but will be in keeping with branding and logo identity. NC Web will test the website in multiple devices, but due to the large number of mobile devices and display resolutions, we cannot guarantee that the website will look the same across all devices. The mobile adaptations made by NC Web will be at their sole discretion and in line with industry standards and will be for two mobile device break points (small and medium devices), any requirements for coding for a specific device or break point will be an additional charge and fall outside of the website package.
    14. 3rd Party Hosting
      1. If the Client does not host the website with NC Web, the Client will be responsible for choosing, paying for, and maintaining their Hosting solutions and associated services. As a courtesy, NC Web may offer suggestions, however, NC Web is NOT responsible for down time, poor performance, or loss of data. Additionally, NC Web is not responsible for any bug caused by changes on the Host after the website has gone live or during development of the website, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations or settings.
    15. Security & Updates to WordPress
      1. Due to the nature of rapidly advancing technology and the open source nature of WordPress and WordPress themes and plugins, NC Web cannot guarantee that the website will be safe from security breaches, unauthorised access, or hacking. NC Web recommends the use of strong passwords and the observance of standard security practices. In order to minimise the chances of security violations, WordPress and its plugins and themes must be kept up to date. The Client is solely responsible for tracking software updates unless there is a separate agreement with NC Web for providing these maintenance updates. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional support Contract.
    16. Hacked websites
      1. NC Web will not be responsible for any security breach or hacking of the website and the Client will need to cover the costs of repairing and restoring the website as a 3rd party service provider may need to be hired to clean and restore the website.
    17. Cancellation
      1. Either party may terminate the agreement on 7 working days' written notice to the other party. If NC Web has commenced work for the client prior to the cancellation the client will be liable for any hours worked at NC Web' normal hourly rates. NC Web may terminate this contract should the Client go into liquidation or bankruptcy.
    18. Right to Sub-Contract
      1. NC Web may subcontract the performance of any of their responsibilities under this contract to another party.
    19. Guarantees & Warranties
      1. The website comes with a 30-day warranty against any website bugs or errors, and NC Web will correct any errors introduced to the site by NC Web including copy errors. NC Web does not provide any guarantee or warranty whatsoever on any third party software that is used in the construction of the website including the code used in Open Source content management systems or plugins or commercial premium WordPress plugins or themes.
      2. If the client is not satisfied with the website design service provided, they must inform NC Web in writing of the specific issues they have within 30 days of the website going live. NC Web may at its discretion supply additional services as a remedy.
    20. Liabilities
      The Client agrees that NC Web will not be liable for any indirect or consequential damages, loss of profits or for any claim made on the client by any other party, even though NC Web may have been notified of such damage or claims.
      1. NC Web will not be liable for any loss or damage arising directly or indirectly out of delay in the supply of the deliverables or failure to perform its obligations under this agreement where the delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond their control.
      2. The Client agrees to indemnify NC Web against any false advertising claims, liability claims for products or services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided by NC Web to the Client under this agreement, claims related to any malfunction of the website, or for any content submitted by the Client for publication by NC Web.
      3. NC Web publication of material submitted by the Client does not create any express or implied approval by NC Web of such material, nor does it indicate that such material complies with the terms of this agreement.
    21. Applicable law
      1. This agreement shall be interpreted in accordance with the laws of New Zealand. If the Client acquires the services for the purpose of a business, they agree that the provisions of the Consumers Guarantee Act 1993 do not apply to the service provided.
    22. Severability
      1. In the event that any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable; the remaining provisions of this agreement shall not be void for this reason alone. The invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable provision which reflects the original intention of the parties.
    23. Force Majeure
      1. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  9. Indemnity
    1. You agree to indemnify NoCowboys and its employees, contractors, agents and representatives and to hold them harmless from any and all claims and liabilities (including fees) which may arise from your breach of these terms and conditions.
  10. Privacy Policy
    1. The Privacy Act 1993 applies to the collection, use, storage and disclosure of information that you provide to us when accessing this Site.
    2. Any information that you provide to us when accessing this Site is collected and stored by us. NoCowboys will only collect personal information which is necessary for our business functions and activities, or to comply with legal or regulatory obligations.
    3. NoCowboys collects, uses and discloses your personal information for a range of purposes. These purposes depend largely upon your relationship with us. The information we collect is used for the following purposes:
      1. to be able to offer safe and simple use of the Site;
      2. to avoid ratings and/or comments being posted on the Site which are untrue, inaccurate or misleading;
      3. to be able to communicate, by means of electronic mail or otherwise, with you in connection with the Site;
      4. to ensure that you can access members only areas (where relevant);
      5. to fix system errors and for support services;
      6. to customise the information you receive from our Site;
      7. for our research, so that we can improve our products and services and tailor them to better suit your needs;
      8. to track how the Site is used and to identify popular areas, internet trends and demographics.
    4. You may contact us to request access to any information that we hold about you and you may also ask us to correct that information if you consider it to be inaccurate.
    5. We will release your information only when we believe release is appropriate: to comply with any applicable legal obligations; to comply with any request from a law enforcement agency; to enforce or apply our terms and conditions; or to protect the rights of NoCowboys, our users, or others.
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