Welcome to the website of ONI. This website and its contents and related services (collectively, the "Website") are owned by ONI and/or its affiliates and licensors (collectively, "ONI Affiliates"), and ONI provides the Website to You (the "User") subject to the Terms of Use Agreement, located at www.oni.co.nz/terms-of-use (the "Terms of Use").
Terms of Use Agreement
The Terms of Use requires You to agree to be bound by this ONI PRIVACY POLICY (this "Privacy Policy"). By accessing and/or using the Website or the Services (as defined below), or otherwise availing Yourself of the services and information offered through the Website, You agree to be bound by the Privacy Policy in effect at the time of each such access or other use of the Website or the Services (as defined below). This Privacy Policy applies to You and to any and all entities or Persons (as defined below) on whose behalf You act.
You acknowledge and agree that ONI may, from time to time, and in its sole discretion, with or without notice to You, modify this Privacy Policy. Your access and/or use of this Website indicates Your agreement to read and be governed by this Privacy Policy. It is Your responsibility to apprise Yourself of any such revision or modifications each time You visit or use the Website or the Services (as defined below). If You do not so agree, You are not authorized to access or use the Website or the Services (as defined below) in any manner.
Section 1. Health Disclaimer
No Medical Advice. The Website and the Services (including without limitation the text, images, audio, video, and descriptions contained therein) are provided for educational and informational purposes only, and should not be used as a substitute for consultation, evaluation, or treatment by a qualified and licensed physician or other qualified and licensed health care professional. Neither ONI, the Website, nor the Services direct that You undertake any specific exercise, activity, technique, physical training, or fitness regimen. Nothing on the Website or the Services should be considered medical advice or a medical diagnosis, and nothing on the Website or the Services or in any ONI materials is intended or should be used or relied upon to heal, cure or relieve those suffering from any injury, deformity or disease.
Secion 2. Risk of Injury
Prior Consultation with Licensed Health Care Professional Required. The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. Before engaging in any of the activities described on the Website, the Services, or in any other ONI materials, including without limitation any exercise, activity, technique, physical training, or fitness regimen, You should and must consult with a qualified and licensed physician or other qualified and licensed health care professional. You agree not to disregard professional medical advice or delay in seeking it because of something You have read on this Website. If You have or suspect You have a medical problem or condition, please contact a qualified and licensed health care professional immediately.
Section 3. Limited License.
Use of the Website. ONI grants You a limited, nonexclusive license to access and make personal use of the Website for purposes and uses that are legal and that are otherwise permitted by the Terms of Use. You may download material displayed on the Website for non-commercial, personal use only; provided, however, that You also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Website (including without limitation the text, images, audio, and video) for public or commercial purposes without ONI's prior written permission, which permission may be withheld in ONI's sole and absolute discretion. You may not alter or interfere with the contents or function of the Website or download any material from the Website for use at any other website, including Internet auction sites. All materials on the Website are copyrighted and misuse thereof may constitute violation of copyright, trademark, and other Laws. ONI reserves all rights to all materials contained on the Website. All Other Uses Prohibited.
Section 4. Termination
ONI may, in its absolute discretion, terminate or suspend Your subscription to access all or any part of the Website at any time, without prior notice and for any reason.
Section 5. Availability
ONI makes no guarantees regarding the availability of the Website or the Services (including the availability of any given Service). ONI reserves the right, in its absolute discretion, to discontinue or modify the contents of the Website or the Services, in whole or in part, and to modify the terms of the Services, including without limitation the price for the Services. You agree that ONI will not be liable to You for any such discontinuance or modification of the Website or the Services.
Section 6. Unaffiliated Products and Sites
The Website may contain links to other websites or resources or and/or advertisements or other promotional materials for third-parties ("Third Party Websites"). ONI has no control over the content of Third Party Websites or the quality of the goods or services offered via such Third Party Websites. You acknowledge and agree that ONI is not responsible for and in no way guarantees or endorses: (a) the availability of Third Party Websites; (b) the accuracy, value, or completeness of any content available at or through the Third Party Websites; or (c) the goods or services offered via Third Party Websites.
Section 7. Intellectual Property
Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio, video, and all other content within the Website and the Services are the trademarks, service marks, trade names, copyrights, patents or other property of ONI ("ONI Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any ONI Intellectual Property displayed on the Website without the written permission of ONI.
Section 8. Privacy Policy
The ONI Privacy Policy, located at www.oni.co.nz/privacy-policy and incorporated herein by this reference (the "ONI Privacy Policy"), governs the maintenance and use by ONI of all User Information. However, to the extent there is an inconsistency between the ONI Privacy Policy and the Terms of Use, the Terms of Use shall govern. See the ONI Privacy Policy for details regarding the collection and use of personal information.
Section 9. User Accounts
Registration. ONI may at times require that You register and/or create an account to access certain features or portions of the Website. In order to do so, You may be required to provide certain personal information and You may be provided, or required to choose, a password, username, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must promptly update it by using the appropriate update mechanism on the Website. The use of Registration Information is governed by the ONI Privacy Policy. By registering and/or creating an account, You acknowledge and agree that Your Registration Information is non-confidential for all purposes, except as otherwise provided in the ONI Privacy Policy.
Section 10. Account Security
If You register and/or create an account on the Website, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You may not authorize other Persons to use Your Registration Information or disclose Your Registration Information to third parties. You may not sub-license, transfer, sell or assign Your Registration Information and/or the Terms of Use to any other Person. You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any Person who uses Your Registration Information, with or without authorization, or who has access to any computer on which Your account resides or is accessible. If You have reason to believe that Your account is no longer secure.
Section 11. Prohibited Submissions
You agree that You are responsible for all of Your User Submissions. You agree that You will not create any User Submissions that:
contain viruses, worms, Trojan Horses, or any other computer code, files, scripts, or programs designed (1) to interrupt, destroy, or limit the functionality of any website, computer software, network, or telecommunications equipment or (2) to collect or mine information about this Website, the Services, ONI, or other Persons;
infringe upon, breach, or violate another Person's intellectual property rights, contract rights or other rights;
contain personally identifiable information of any other individual, including, but not limited to, name, phone number, e-mail address, username, password, nickname, website URL, date of birth, or Social Security Number; are inappropriate, including, but not limited to, User Submissions that are obscene, pornographic, sexually-explicit, defamatory, threatening, harassing, abusive, hateful, embarrassing to another Person, solicitations of business, chain letters, or pyramid schemes; would give rise to any civil or criminal liability under applicable Laws; and/or are otherwise in conflict with the Terms of Use.
Section 12. No Third Party Material
You agree, represent, and warrant that all User Submissions that You create will not contain third party copyrighted material or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material (or You are otherwise legally entitled) to create or transmit the material and to grant ONI all of the license rights granted herein.
Section 13. License for Submissions
You agree that all User Submissions that You create will be treated as non-confidential and non-proprietary, except as otherwise provided in the ONI Privacy Policy. For all User Submissions that You create, You grant (or warrant that the owner of such User Submission or intellectual property contained therein has expressly granted) to ONI a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, perpetual, and irrevokable license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, distribute, perform, and display the User Submission in any media or medium, or any form, format, or forum now known or hereafter developed, for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products and services using or containing the User Submission.
Section 14. Monitoring of User Submissions
ONI does not have an obligation to assess or guarantee the accuracy or appropriateness of User Submissions, even if ONI elects, in its absolute discretion, to do so or to attempt to do so from time to time. ONI is not responsible for any User Submissions or any actions or omissions in response to User Submissions. ONI may, in its absolute discretion: (i) elect not to post or display on the Website any User Submission, and (ii) delete or otherwise remove any User Submissions from the Website.
Section 15. Prohibited Conduct
You agree that You will not: access data not intended for You or login to a server or account which You are not authorized to access;
decipher, decompile, disassemble, or reverse engineer any of the software, codes, or scripts comprising or in any way making up a part of the Website or the Services;
violate or attempt to violate the security of the Website or the Services, including without limitation, accessing data without authorization, circumventing authentication mechanisms, or interfering with the Website or the Services in any way, including without limitation:
(1) probing, scanning, or testing the vulnerability of a system or network, (2) bypassing or breaching security or authentication measures without proper authorization, (3) interfering with service to any Person, user, host or network, including without limitation via means of submitting a virus, Trojan Horse, "worm" or "cancelbot" to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", (4) sending unsolicited e-mail, including promotions and/or advertising of products or services, (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (6) impersonating any Person;
use any engine, software, tool, agent or other device or mechanism (including without limitation, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third party browser (e.g., Firefox, Safari, Chrome, Internet Explorer, or Opera);
"frame" or "mirror" the Website or display the Website`s content through any other URL or in conjunction with another Person's name or trademark; copy the code or scripts, including without limitation the HTML, XML, CSS, and JavaScript, that ONI creates to generate the pages of the Website; or
attempt to engage in any of the foregoing prohibited conduct.
Section 16. Disclaimer of Warranties; Limitation of Liability
Neither ONI, its affiliates, officers, employees, directors, agents, assigns, suppliers, nor service providers represent or warrant that the content of the Website or the Services are accurate or that operation of the Website or Services will be error free or uninterrupted. You use the Website and the Services at Your own risk. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY ONI IN THE TERMS OF USE. Without limiting the foregoing, none of ONI, its affiliates, officers, employees, directors, agents, assigns, suppliers, and service providers makes representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Website, the Services or the software, text, graphics, links, or communications provided on or through the use of the Website, the Services, or otherwise provided by ONI. ONI also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of the Website or Your downloading of any materials, data, text, images, video or audio from the Website or any Third Party Websites.
Section 17. Governing Law; Venue; Service of Process
The Terms of Use shall be governed by and construed in accordance with the Laws of New Zealand, without regard to conflict of law principles. The parties hereby submit to the exclusive jurisdiction of any court located in New Zealand, in any action or proceeding arising out of, or related to the Terms of Use, and the parties hereby agree that all claims in respect of any action or proceeding shall be heard or determined only in any of these courts.
Section 18. Contact Information
Except as otherwise provided, please direct all inquiries and other communications relating to the Website and/or the Services to:
Email: info@oni.co.nz
Section 26. - User to Provide Internet Access.
In order to access the Website and/or use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR SERVICES IN ANY WAY, AND YOU MUST EXIT THE WEBSITE IMMEDIATELY.