Terms of Use
Acceptance
The RD1.com site (the "Site") is provided by RD1 Limited ("RD1").
Your access to and use of the Site is subject to the following terms and conditions ("Terms"). By using the Site you represent that you have read, understood and accepted these Terms and agree to be bound by them.
If you wish to become a registered user of the Site ("Member"), you will be asked to accept these Terms and your use of the Site will be deemed to be acceptance by you of these Terms in their entirety.
If you do not agree to these Terms, and to be bound by any changes to them in future, please do not use the Site or register as a Member.
Changes to these Terms
RD1 reserves the right, at its discretion, to update or revise these Terms. Please check these Terms periodically for changes. Your continued use of the Site following the posting of any changes to the Terms indicates your acceptance of those changes.
New Zealand Site
This Site and the information on it, is intended for use by New Zealand residents only, although residents of other countries are welcome to visit the Site. Those who choose to access this Site from locations outside New Zealand do so on their own initiative and are responsible for compliance with local laws. New Zealand law governs the Site and all agreements entered into through the Site.
By using this Site, you irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New Zealand to hear and determine any disputes or proceedings arising out of or in connection with this Site or any agreement entered into through the Site.
You also waive any objection that you might have on the grounds of forum non conveniens to New Zealand as the forum for proceedings arising out of or in connection with this Site or any agreements entered into through this Site.
Independent Advice
We strongly recommend that you seek independent advice before acting on any information on this Site. This Site is not designed for the purpose of providing personal financial or investment advice.
Limitation of liability
To the fullest extent permissible by law, RD1 shall not be liable for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of the use of any information on this Site or any error, omission or misrepresentation in any information on this Site, or our failure to provide this Site.
Intellectual property rights
You acknowledge and agree that all content and materials available on the Site are protected by copyright, trade marks or other intellectual property rights and laws. No content or material on the Site may be reproduced, adapted, linked to, distributed or used in any way without the prior written consent of RD1. However, you may print or download one copy of the materials or content on this Site on any single computer for your personal use, provided you keep intact all copyright and other proprietary notices.
External Links
This Site may contain links to other sites which are not under the control of RD1. These links are provided for your convenience only. RD1 has not reviewed all or any of the sites linked to this Site. RD1 makes no representations concerning the accuracy of information or the quality of products and services found on any linked site and will not be responsible for the content of any of those sites or for any loss or damages suffered as a result of you using any linked sites.
RD1 requests that you obtain permission prior to linking to this Site. Your linking to this Site is at your own risk.
Weather Information
Weather information is provided by the Metservice ("Metservice") for information purposes only. No liability will be accepted by RD1, or Metservice for reliance on this information or for any errors, omissions or delays. By accessing this page you agree that the limitations, indemnities and disclaimers in these Terms which apply for the benefit of RD1 also apply for the benefit of Metservice.
Disclaimer concerning information and materials
The Site may from time to time contain information, advice or data, including calculation or other routines for use of Members. Such information, advice or data is not intended to be a substitute for your own judgement or any advice provided by your own consultants or experts. All information, advice or data provided on this Site is supplied upon the condition that you will seek independent advice, where appropriate, and make your own determination as to its suitability for your purposes prior to use. In particular, we recommend you seek the advice of a qualified veterinarian for detailed information on animal health issues.
All information, advice or data provided on this Site is supplied in good faith and, although RD1 has endeavoured to ensure that the information, advice and data on the Site is free from error, RD1 does not warrant its accuracy, adequacy or completeness, or that it is suitable for your intended use.
In particular, the calculators and estimations provided on this Site are intended to be guides only and RD1 does not warrant their accuracy, adequacy or completeness, or that it is suitable for your intended use. You shall not make any use of calculations or estimations generated through this Site in a manner which might cause a third party to rely on that information in a way which could give rise to liability on the part of RD1.
Any data, information and prices on the Site may be displayed on a delayed basis, and should be updated by clicking the refresh button on your browser.
Non-availability
This Site may not be continuously available for reasons that may include maintenance or repair.
No Warranties
Your use of the Site is at your own risk. The materials and information in this Site are provided "as is" and "as available" and without warranties of any kind, either express or implied. To the fullest extent permissible by law, RD1 disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. RD1 does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. RD1 does not warrant or make any representation regarding the use, or the results of the use, of the material in the Site in terms of their correctness, accuracy, sufficiency, reliability, or otherwise.
Under no circumstances, including but not limited to negligence, shall RD1 be liable for your reliance on any such information nor shall RD1 be liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or the inability to use, the materials in this Site or the materials in any sites linked to this Site, even if RD1, or a RD1-authorised representative has been advised of the possibility of such damages.
If you are using this Site for the purposes of a business, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 shall not apply to your use of or any reliance on the Site.
Indemnity
You agree to indemnify RD1 and keep RD1 fully indemnified against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses suffered or incurred by RD1 as a result of or in connection with any act or omission of yours or breach of any of these Terms.
User Name and Password
As a Member you will be issued with a User Name and User Password. You will be given your own User Name as part of the registration process. Under no circumstances should you keep a written or electronic record of your User Password, nor disclose your User Password to any other person.
Your User Password must remain confidential to you alone and you must take all reasonable steps to prevent disclosure of your User Password. By utilising your User Password on this site you confirm that your use of the Site will be governed by these Terms and any other terms placed on the Site.
If you are authorised by us to use the Access Management facility, you may be able to grant online access to certain individuals nominated by you to some or all of your account management data held by us. You are solely responsible for your use of this facility, for any use of this facility which uses your User Name and User Password, and for any data access provided by us in accordance with your use of the Access Management facility.
From time to time, we may rename, update, rearrange or otherwise change the web pages within the Site which manage and display your trading account management data. In these circumstances we will endeavour to ensure that all relevant links remain current and that the data will continue to be available to you and to any third parties nominated by you through the Access Management facility. However, we do not warrant that the relevant functions will be uninterrupted or error-free and the exclusions of warranties and limitation of liability set out above will apply.
You agree to:
- effect and maintain security measures to prevent (i) third partiesgaining access to, and/or using, the Site using your User Name or User Password, (ii) any other interference with the Site (such access, use, interference referred to in this Agreement as "Unauthorised Use") and (iii) any loss or damage arising from Unauthorised Use;
- notify us immediately if you become aware of any Unauthorised Use and, at your cost, take any action which is necessary or which we may require to prevent any further Unauthorised Use occurring and make good any damage arising from any Unauthorised Use; and
- advise us immediately of any unauthorised disclosure of User Name or User Password.
In addition to the Privacy Statement, you further agree that we may, for the purpose of providing the services and information on this Site to you, make use of any information about you or your business or personal affairs which are made known to us through our relationship with you whether through the use of the Site or otherwise.
Access Management
You and other Members may be authorised by us to use the [Access Management] facility to grant online access to certain third party individuals nominated by you or other Members ("Third Party Users") to some or all of your account information or data posted to the Site. Where you use the [Access Management] facility to grant a Third Party User access rights to your account information or data, you agree that:
- RD1 will provide each Third Party User with a User Name via the registration process.
- RD1 will not be responsible for any harm caused to you or others as a result of any access to your account information or data by any Third Party User due to incorrect provision by you of a Third Party User's User Name.
- You are responsible for granting a Third Party User you nominate access to each page on the Site.
- You may be able to change or remove the access rights of Third Party Users granted by other Members in respect of your information or data. Other Members who are authorised to use the [Access Management] facility in respect of your account information and data may change or remove the access rights which you granted to your Third Party User.
- RD1 has no responsibility for your use of the [Access Management] facility, or the use of the facility by any other Member authorised to use the facility in respect of your account information and data.
- RD1 will not be responsible for any harm caused to you or others by you or others allowing a Third Party User to view your account information or data, or for any amendments made by a Third Party User to your account information or data where you or another Member, have allowed a Third Party User access to a page that allows for the amendment or updating of account information or data.
- You are liable for all charges to your trading account made by a Third Party User where you or another Member, have allowed a Third Party User access to a page that allows transactions to be processed on your trading account unless you can prove it was an RD1 error.
Security
We will use our best endeavours to keep information and materials on the Site, including those provided by you or on your behalf, secure and confidential. However, we will not be responsible for any breach of security caused by third parties and do not guarantee that the Site is completely secure. The internet is not a secure environment and so you must take care when transmitting any information over the internet. In particular, you should make every effort to keep your User Name and User Password secure and confidential.
Contact
If you have any questions or concerns in relation to the Site or these terms and conditions please contact us by email customer.service@rd1.com
Advertisers
Any dealings with any advertiser appearing on the Site are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
