These Website Terms and Conditions apply to the domain name www.commercialbay.co.nz (“Website”) which is operated by Precinct Properties New Zealand Limited and any of its controlled entities (“Precinct Group”). The Precinct Group (referred to as “Precinct”, “we”, “us”, “our”) includes the entities listed at www.Precinct.co.nz

Access to and use of our Website is subject to the following Terms and Conditions. By accessing our homepage you agree to be bound by these Terms and Conditions. We may revise from time to time these Terms and Conditions without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms and Conditions as amended.

Privacy Policy

Precinct takes seriously your privacy. Precinct is committed to protecting your personal information. Any personal information sent to this Website is subject to Precinct’s Privacy Statement.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand.

Disclaimers

Your use of our Website is at your sole risk.

Where we provide any information on this Website, it has been prepared without considering your objectives, financial situation or needs. Before acting on any information on this Website, you should consider its appropriateness to your circumstances and read any relevant disclosure and/or offer documents and take any appropriate advice before acquiring any products named on this Website.

Past performance of any product described on this Website is not a reliable indication of future performance.

Unless expressly stated otherwise, information that we make available on our Website is not an offer or solicitation for the purchase of securities or investments. Any potential offering described in this Website will only be made to entities or persons who may receive such an offering or who are able to make an offer under applicable laws.

Warranties

To the maximum extent permitted by law, Precinct gives no warranties of any kind, whether express, implied, statutory or otherwise including warranties or representations that this Website or any data, information, advice, opinion, service or product provided, obtained or generated by or through this Website will be complete, accurate, reliable, timely, or non-infringing to third parties; that access to this Website will be un-interrupted or error-free; that this Website will be secure; and any such representations or warranties are expressly disclaimed.

We reserve the right to restrict or terminate your access to this Website, any feature of this Website or any part thereof at any time.

Intellectual property rights.

All copyright and other intellectual property rights in all text, images and other materials on this Website (“Content”) are the property of Precinct or are included with the permission of the relevant owner.

You are permitted to browse this Website, reproduce extracts by way of printing for personal use, downloading to a hard disk or for the purposes of distribution to other individuals, provided that you keep intact all copyright and other proprietary notices. No reproduction of any part of this Website may be sold or distributed for commercial gain nor can it be modified or incorporated in any other work, publication or website. Except as expressly stated otherwise, nothing on this Website should be construed as granting any licence or right to use any copyright or other intellectual property right in the text, images and other materials on this Website.

The trade marks, logos, characters and service marks displayed on this Website belong to Precinct or have been included with the permission of the relevant owner. Nothing on this Website should be construed as granting any licence or right to use any trade mark displayed on this Website. Your use or misuse of the trade marks displayed on this Website, or on any other Content on this Website, except as provided for in these terms and conditions, is strictly prohibited.

Liability

To the extent permitted by law, the Precinct Group, AMP Hamui Management Limited (manager of the Precinct Group), and any of their respective directors, officers, employees or agents (“Precinct Parties”) do not accept liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever (including loss of profits, revenue or goodwill) arising out of your access to, use of or inability to use or access this Website or any change in content of this Website, or arising from any other website you access through a link from this Website or from any actions that any of the Precinct Parties may take or not take as a result of any electronic mail messages you send us.

To the extent permitted by law, the Precinct Parties do not accept any liability or responsibility to maintain the material and services made available on this Website or to supply any corrections, updates, or releases in connection with such materials and services.

The Precinct Parties have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Website. You download material from this Website at your own risk.

If applicable law implies terms which cannot be lawfully excluded, restricted or modified, then those terms will apply and, to the extent to permitted by law, the liability of the Precinct Parties will be limited at its option to (a) in the case of services, resupplying the service or payment of the cost of resupply; and (b) in the case of goods, replacing or repairing the goods or payment of the cost of repair or replacement.

Accuracy, completeness and timeliness of information

While Precinct provides the information that we make available on this website in good faith, we are not responsible if the information is not accurate or complete. Any reliance upon the material on this Website will be at your own risk. Information that we make available on this Website is subject to change without notice. It is your responsibility to monitor any changes to the material and the information contained on this Website.

Links

This Website may contain links to other websites. The links are provided in good faith and Precinct accepts no responsibility for the availability, content, accuracy or function of these other websites. The inclusion of any link to other websites does not imply endorsement by any of the Precinct Parties. For information about any linked website, you should read the legal and privacy notices posted at that site.

Prohibited use

You can only use this Website for lawful purposes and must comply with all applicable local, state, national and international laws and regulations that relate to your use of this Website. You are prohibited from posting on this Website any unlawful, harmful, abusive, threatening, harassing or defamatory material of any kind. You are also prohibited from disrupting or interfering with, or making attempts to disrupt or interfere with this Website or other user’s enjoyment of this Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to this Website. We also reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Transmitted information

Any non-personal information, communication or material you transmit to this Website (including data, suggestions, questions, comments etc.) will become the property of Precinct and will not be treated as confidential by Precinct. We may use all such information, communications and materials without obligation to you.