Legal Terms of Use


Terms of Use of Rakon’s website

General

The terms governing the use of Rakon’s website are set out below. This website is owned by Rakon Limited (“Rakon”). By accessing the Rakon website you accept all of these terms of use and agree to be bound by them.

Personal information
Where Rakon collects personal information about you as a result of you accessing and using the website, the Rakon Privacy Policy will apply to that information.

Access to website
Rakon reserves the right to add to, modify, suspend, or remove this website or any information, specification, or feature incorporated in this website at any time and without notice.

Changes
Rakon reserves the right to change these terms of use from time to time by publishing the changed terms on this website. You should review these terms of use periodically to be aware of such changes. By continuing to access or use this website following such publication you accept the revised terms of use.

No illegal use
You agree not to use this website for any illegal purpose or to engage in any conduct that may impair or cause damage to this website.
You agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without Rakon’s prior written approval in each case.
Rakon can use information about your use of the website to prevent and resolve unauthorised access to, or attacks on this website and related systems.

Intellectual property
The name and logo of Rakon and all trade marks appearing on this website belong to Rakon or its licensors or affiliates. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without Rakon’s prior written permission in each case.
The information and materials displayed on this website are protected by copyright and other laws in New Zealand, and under similar laws and international conventions in other regions. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in information and materials available through this website including text, illustrations, artwork, photographs, video, music, sounds, layout, designs, software, source code, belong to Rakon or to our licensors ( ‘Rakon intellectual property’).
Except in accordance with the limited permissions set out below or with our prior written permission, you may not in any form or by any means:

  • use, copy, modify, adapt, reproduce, store, embed, distribute, print, display, perform, publish, or transmit in any way any works contained in any part of this website
  • commercialise any information, products or services obtained from any part of this website.


Limited permission to use materials
Subject to the restrictions set out below, you are permitted to download and print extracts of material or content from this website in the following situations only:

  • for your personal, non-commercial use
  • for research or private study
  • where insubstantial portions of such material or content are quoted in another document provided that an acknowledgement of the source of such materials is provided in each case.

You must not remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use that Rakon places on this website.

Restrictions on copyright clearance
The permissions given above are subject to the following conditions unless you obtain Rakon’s express prior written permission in each case:

  • no more than one copy of such material may be made
  • no part of the website or any material or content appearing on this website may be reproduced or stored in or transmitted to any other website
  • no material or content appearing on this website may be redistributed, disseminated, transmitted or broadcast in any form, either electronic or non-electronic, or included in any retrieval system or service.


Feedback and unsolicited submissions
If you give Rakon feedback about this website or Rakon’s products or services, Rakon may use that feedback for the purpose of improving our website or services (and for any other purpose it deems necessary or desirable) without being obliged to pay you any compensation. If you do send Rakon unsolicited ideas:

  • they will be deemed to be non-confidential
  • Rakon will not be required to provide any acknowledgement of their source.


Disclaimers
Rakon endeavours to ensure the accuracy of information available through this website and that the content of this website is free from errors. However, Rakon does not give any warranty or other assurance as to the content, information or material appearing on this website, its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.
To the maximum extent permitted by law, Rakon provides this website and related content, information and material on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
You acknowledge that if you rely on the content, information or material available on or through this website, you do so solely at your own risk.
The views expressed in any third party material published on this website are not necessarily the views of Rakon and Rakon expressly disclaims all responsibility for the content of any third party material published on this website.

Limitation of liability
To the maximum extent permissible at law, Rakon disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website or any content, information or material appearing on this website, or from any action or decision taken or not taken as a result of using this website or any such content, information or material.

Availability
Due to the nature of the internet and electronic communications, Rakon and its service providers do not warrant that this website or any associated services will be error free, without interruption or delay, or free from defects in design. Your use of this website and any associated services may be subject to interruption, restriction, or delay. Rakon will not be liable to you should this website or the services supplied through this website become unavailable, interrupted, restricted, or delayed for any reason.

Links and third party websites
If you create any link to this website or embed this website in another website, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that Rakon may suffer as a result of that link or act of embedding and you will indemnify Rakon against all claims arising from, or in connection with, that link or act of embedding.
This website may provide links to internet sites maintained by third parties. Such linked sites are not under Rakon’s control and Rakon is not responsible for their content (including the accuracy or legality of any linked site or any material contained in a linked site). The inclusion of any link does not imply endorsement by Rakon of the linked site. Rakon will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party.

Viruses and malware
Rakon endeavours to prevent the introduction of viruses or other malware to this website, however Rakon does not guarantee that this website, or any data available from it, does not contain any virus or malware and Rakon will not be liable for any damages or harm attributable to viruses or malware. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from viruses or malware.

Security
Rakon endeavours to protect the security of your personal information. You acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. Rakon does not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the internet. We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your access to this website or any link.
Rakon complies with laws in New Zealand and overseas and takes action to improve the security of its IT systems. You agree Rakon can give information about you, including your interaction with Rakon websites to police or other government agencies in New Zealand or overseas to comply with these laws or improve cyber security.
Rakon can give information about you if it believes giving the information will help prevent or resolve fraud, money laundering, unauthorised access to or attacks on Rakon’s systems or other crimes. Rakon can disclose this information even if you are not involved in such malicious activity.
If Rakon gives out your information for security purposes as described above Rakon is not obliged to inform you or responsible to you or anyone else.
Where the use of Rakon’s website requires you to login with a password you must make sure that anyone you share your username and password with complies with these terms of use.

Governing law
This website is controlled and operated by Rakon, from offices within New Zealand. Details contained on this website relating to Rakon and its products and services have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country.
Rakon’s website terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.

 

Additional Terms of Use in relation to Technical Information 


The content of this website including information, documents, product information, application notes, fact sheets, products briefs, product specification, glossary and any other Rakon sales and technical literature (“Technical Information”) is current at the date of publication. As part of its ongoing research and development (“R & D”) programme, Rakon is continuously introducing improvements and modifications to its products. Therefore, the product information including application and specifications mentioned in the Technical Information are subject to change, without notice. Before placing an order, check with a Rakon sales representative for the latest Technical Information.


Technical Information Disclaimer
The Technical Information is distributed free by Rakon, is provided 'as is' without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of fitness for a purpose, or any warranty of non-infringement. Without limiting the foregoing, Rakon gives no guarantee and makes no representation or warranty that:

  • the Technical Information will meet your requirements
  • the Technical Information will be error-free
  • the results that may be obtained from the use of the Technical Information will be effective, accurate or reliable
  • the quality of the Technical Information will meet your expectations.


The Technical Information is given in good faith and is believed to be true and correct at the time of publication. Rakon exercises all due care to provide accurate, complete and timely Technical Information. However, Rakon accepts no liability for any errors or omissions in the Technical Information Rakon has made every effort to describe and explain the benefits of its products as clearly and completely as possible. Nonetheless, Rakon’s products are intended for many different applications and environments and a customer’s purchasing decision will be influenced by factors unique to its specific application and environment. Therefore, it is not possible for the Technical Information to address every issue that may affect a customer’s purchasing decision. The Technical Information is intended to provide general guidance only. For specific guidance or support, contact Rakon or its authorised representative.

Proper selection of a specific Rakon product for a specific application and operating environment, and its compatibility with other products, is the customer’s responsibility. Customers are responsible for the proper selection, compatibility, and suitability of Rakon products. Customers must validate all operating parameters and specifications for their application and environment.

Any opinions, recommendations or suggestions given in the Technical Information do not constitute a warranty, representation or guarantee. In particular, they do not constitute a warranty, representation or guarantee of any particular benefits that the customer will derive from Rakon products. They do not constitute a warranty, representation or guarantee concerning a product’s suitability or fitness for a customer’s specific purpose or any purpose. They are not intended to alter the terms of Rakon’s standard warranty and terms of trade. No director, employee, representative, dealer, agent, distributor or service company acting for Rakon has the authority to extend or modify the terms of Rakon’s warranty unless an authorised signatory of Rakon expressly agrees, in writing, to such extension or modification. .

For each user of Rakon products, operating conditions will vary, sometimes greatly. Such variations may affect the performance of Rakon’s products. Rakon has no control over a customer’s unique operating environment. The actual performance that a customer obtains may vary depending upon its unique conditions. Rakon makes no guarantees, representations or warranties concerning the performance of its products under a customer’s actual operating conditions.

It is the customer’s responsibility to determine the suitability of Rakon’s products for the customer’s purposes. The customer must make its own independent judgement and assessment of these issues. The customer may not rely upon any opinions, interpretations, statements, assurances or representations contained in the Technical Information. Use of the Technical Information is made at your own discretion and risk and you agree that you will be solely responsible for any damage or loss of data that results from such activities

In no event shall Rakon be liable to you or any third parties for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website or any information or material appearing on this website, or from any action or decision taken or not taken as a result of using the Technical Information and this website or any such information or material.

Rakon Limited
8 Sylvia Park Road, Mt Wellington
Auckland 1060, New Zealand
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