TERMS OF ACCESS
In these Terms of Access:
These Terms of Access operate in addition to:
a) any other agreements relating to Z Card entered into by the Account Holder, including the Z Card Application Form and the Z Card Terms and Conditions;
b) any agreement for the supply of products between Z and the Account Holder;
c) any other disclaimers, provisions, acknowledgements or other statements which appear on ZCOL and which you acknowledge or agree to at any time.
3. Acceptance of ZCOL Terms of Access
By selecting the ‘I accept’ option at the end of these Terms of Access you agree that, when using ZCOL, you are bound by, and will comply with, the terms and conditions herein, as amended from time to time.
4. Login ID and Password
You must take all reasonable steps to protect the confidentiality of your login ID and password.
You agree that we may act on any instructions transmitted or electronically communicated to us using a login ID and password issued to you.
You must notify us immediately of:
a) any unauthorised use of your login ID or password; or
b) any other breach of security of which you become aware.
Until you notify us otherwise and we have a commercially reasonable time to respond to your notice, we may, and will, assume that every transaction entered into, every authorisation received, and every act or omission undertaken using your login ID and password are fully authorised by you.
You will be liable for all activities carried out on ZCOL, and any charges incurred as a result of those activities, before we receive notification of unauthorised use or breach of security.
We reserve the right to change, or to ask you to change your login ID or password at any time. Passwords may be disabled by us without notice to you if we consider that to be necessary to maintain the integrity or security of ZCOL.
5. Activity Log
All activities carried out on ZCOL in connection with your Z Card(s) are recorded in an Activity Log. You agree that Activity Log constitutes prima facie evidence that ZCOL has been used to carry out the actions recorded therein.
You agree that we may send to, and store on, your computer system items of software, coding or programming (commonly known as "cookies") when you access or use ZCOL.
7. Copyright and trade marks
ZCOL contains material including text, photographs and other images and sound which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by us or have been licensed to us by the owner(s) of those rights for use on ZCOL. ZCOL also contains trademarks, including the mark ‘Z’ and the Z logo. All trademarks included on ZCOL belong to us or have been licensed to us by the owner(s) for use on ZCOL.
You may download and/or copy any material on ZCOL for which express permission is given on ZCOL provided that any such download and/or copy is used solely in connection with the administration of the Z Card(s) issued to you. You agree that you will not:
a) alter or remove any copyright, trade mark or other proprietary notice of Z or any other company appearing on ZCOL;
b) create any links from any other website to ZCOL without our express prior written consent.
8. Information on ZCOL
You acknowledge that, although we try to ensure the information on ZCOL is accurate and complete, we do not guarantee its accuracy and do not accept any liability arising from any inaccuracy or omission therein.
In the event of any discrepancy between the information on ZCOL and the tax invoice sent to you in accordance with the Z Card Terms and Conditions, the information on the tax invoice will prevail.
9. Transmission of Data
You acknowledge that:
a) No transmission of data over the internet is completely secure and that it may be possible for third parties to intercept or access transmissions or private communications unlawfully; and
b) We do not warrant the security of the transmission of any information by you in using ZCOL.
10. Changes to, and operation of, ZCOL
You agree that we may:
a) change the format and content of ZCOL at any time;
b) suspend the operation of ZCOL at any time for support or maintenance work, in order to update the content, or for any other reason.
11. Limitation of liability
You acknowledge that, although we have installed and maintain appropriate security systems, there are inherent hazards associated with the use of electronic communications, and that in the course of your accessing and using ZCOL:
a) a virus or other malicious code may be transmitted to your computer systems;
b) a third person may access information held in your computer systems by ‘hacking’ ZCOL or obtaining your login ID and password.
You release us from any liability (including liability for consequential loss) for any damage caused by cookies, viruses or malicious codes transmitted to your computer systems, or any unauthorised access to information held on your computer systems (occurring either in the course of your accessing the cards site or at any other time).
Where the law implies any warranties or conditions into the provision of access to ZCOL, or the services contained therein, which we are not by law permitted to exclude, then those warranties or conditions will apply.
All other warranties or conditions are excluded including, without limitation, any warranty that ZCOL or the services contained therein will be:
a) available, uninterrupted, or timely; or
b) secure, error free or virus free.
You indemnify us against all liabilities, losses, charges, damages, costs and expenses which we may sustain or incur, directly or indirectly:
a) in enforcing, or seeking to enforce, these Terms of Access; or
b) as a result of fraud, negligence, misconduct or breach of these Terms of Access on your part or on the part of any person acting with your express or implied authority.
You may withdraw your consent to these Terms of Access by giving us written notice in accordance with the Z Card Terms and Conditions either by phoning 0800 474 355 or emailing email@example.com. The notice shall not be effective until we receive it.
We reserve the right to terminate access to ZCOL at any time without notice. If we terminate your right to use ZCOL, you must not use, or attempt to use, any login ID or password. Any such use or attempted use shall be deemed fraudulent.
15. Applicable Law
These Terms of Access are governed by, and to be interpreted in accordance with, New Zealand law.
16. Variations to Terms of Access
We reserve the right to vary, delete or supplement any of the provisions in these Terms of Access at any time. Any modification(s) made to the Terms of Access will be binding on you as soon as notified to you or, if we specify an effective date for the modification, from that date. If you use ZCOL after such notification or effective date you are deemed to have accepted the modification(s) without reservation. If you do not accept the modification(s), you must:
a) not make any further use of the services provided on ZCOL;
b) notify us in writing (by using the contact details provided in the Z Card Terms and Conditions) in which case you agree that we may terminate your right to use ZCOL.
We, at our sole discretion, will determine which aspects of ZCOL the Account Holder can access.