Website terms and conditions
These Terms and Conditions set forth the legally binding terms for your use of and/or registration on this Website shakeout.co and any of its associated web pages (“Website”). Use of this Website means you agree to be bound by these Terms and Conditions. Please read them carefully and if you do not agree with them, in whole or in part, you should not use this Website.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.
Shake Out Limited (“Shake Out”) reserves the right to revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of this Website from the date of the publication of the revised Terms and Conditions on this Website. It is your responsibility to check this page regularly to ensure you are familiar with the current version.
License to use Website
Unless otherwise stated, Shake Out is the proprietor or the authorised user of the copyright, trademarks and all other intellectual property rights in the software, text, graphics and other material (content) displayed or available through the Website. No material from this Website may be reproduced or republished, in any way, without the prior written permission of Shake Out.
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Shake Out’s express written consent.
You must not use this Website for any purposes related to marketing without Shake Out’s express written consent.
Shake Out reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to the Website at any time, for any reason, with or without prior notice to you, and without liability for its actions in respect of such.
In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
You grant to Shake Out a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Shake Out the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Shake Out or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Shake Out reserves the right to edit or remove any material submitted to this Website, or stored on Shake Out’s servers, or hosted or published upon this Website.
Notwithstanding Shake Out’s rights under these Terms and Conditions in relation to user content, Shake Out does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
While Shake Out endeavours to supply accurate information on this Website, errors and omissions may occur. Shake Out and its associated companies, successors, transferees and assignees do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site.
You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
The contents of this site do not constitute legal, financial, investment or real estate advice. Specialist advice should be sought in particular matters.
To the extent permitted by New Zealand law, Shake Out makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website.
Limitations of liability
To the maximum extent permitted by law you specifically agree to indemnify and hold Shake Out, its subsidiaries, affiliates their respective directors, officers, agents and employees harmless from any and all claims relating to your use of the Website or its use by any person on your behalf.
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit Shake Out’s liability in respect of any:
death or personal injury caused by Shake Out’s negligence;
fraud or fraudulent misrepresentation on the part of Shake Out; or
matter which it would be illegal or unlawful for Shake Out to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You hereby indemnify Shake Out and any of its associated entities and undertake to keep them indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Shake Out to a third party in settlement of a claim or dispute on the advice of Shake Out’s legal advisers) incurred or suffered by Shake Out arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
Shake Out may transfer, sub-contract or otherwise deal with Shake Out’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
Breaches of these Terms and Conditions
Without prejudice to Shake Out’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Shake Out may take such action as Shake Out deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Please note that although this Website has some hyperlinks to other third party websites, these sites have not been prepared by Shake Out and are not under the control of Shake Out. The links are only provided as a convenience, and do not imply that Shake Out endorses, checks, or approves of the third party site.
Shake Out is not responsible for the privacy principles or content of these third party sites. Shake Out is not responsible for the availability of any of these links.
Shake Out requires that you request our permission to include a link from another site to this site. If you would like to request permission, please email us at: email@example.com
Law and jurisdiction
These Terms and Conditions will be governed by and construed in accordance with New Zealand Law and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of New Zealand.
Shake Out Limited’s details
The full name of Shake Out is Shake Out Limited. You can contact Shake Out Limited by email on firstname.lastname@example.org