Nyriad.com Terms of Use

Terms of Use

1. Application of Terms

(1.1) These Terms apply to your use of the Website. By accessing and using the Website: 
(a) you agree to these Terms; and 
(b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person's behalf and that, by agreeing to these Terms on that person's behalf, that person is bound by these Terms.

(1.2) If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so. 

2. Changes

(2.1) We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

(2.2) We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

(2.3) These Terms were last updated on 5 July 2016.

3. Definitions

In these Terms:

Including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, Including legal costs on a solicitor and own client basis

Personal information means information about an identifiable, living person

Terms means these terms and conditions titled Website Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website We, us or our means Nyriad Limited.

Website means http://nyriad.com.

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4. Your Obligations

 

(4.1) You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

(4.2) If you are given a User ID, you must keep your User ID secure and:
(a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
(b) immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to [email protected]

(4.3) You must:
(a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
(b) unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

(4.4) You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to [email protected]

(4.5) You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

5. Intellectual Property

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and #[i look] and #[i feel]), and the Underlying Systems

6. Disclaimers

(6.1)To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
(a) the Website being unavailable (in whole or in part) or performing slowly;
(b) any error in, or omission from, any information made available through the Website;
(c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
(d) any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

(6.2) We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

7. Liability

(7.1) To the maximum extent permitted by law:
(a) you access and use the Website at your own risk; and
(b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

(7.2) Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

(7.3) To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.

8. Privacy Policy

(8.1) You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.

(8.2) When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.

(8.3) The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.

(8.4) We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

(8.5) Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
(a) to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
(b) in relation to the proposed purchase or acquisition of our business or assets; or
(c) where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

(8.6) Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

(8.7) You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at [email protected]

9. Suspension and Termination

(9.1) Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

(9.2) On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

10. General

(10.1) If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

(10.2) These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

(10.3) For us to waive a right under these Terms, the waiver must be in writing.

(10.4) Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.

(10.5) If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

(10.6) These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

11. Cookie Policy

(11.1) Introduction

Nyriad Limited (we, us, our) use cookies on our website and as part of our related services, and receive information collected through cookies. This cookie policy explains how we use cookies and how you can opt out of cookies.

By continuing to use our website and related services, you indicate your agreement for us to use the cookies described below.

We use the term cookies in this cookie policy to mean cookies or similar technologies such as web beacons, clear GIFs, and pixel tags.

(11.2) What are cookies

Cookies are text files containing small amounts of information which are downloaded to your browsing device, e.g. a computer or smartphone, when you visit a website. Cookies can be recognised by the website that downloaded them, or by other websites that use the same cookies. This helps a website know if the browsing device has visited that or other websites before.

Cookies can be used to collect information relating to your use of a website or your device, let you navigate between pages effectively, help to remember your preferences and generally improve your browsing experience. Cookies can also help ensure advertising you see online is more relevant to you and your interests.

Cookies can be session or persistent cookies. Session cookies are temporary and only stay on your browser until you stop browsing. Persistent cookies stay on your device until they expire or are deleted.

The cookies used on our website may be first party cookies (i.e. set by us) or third party cookies (i.e. cookies set on our website by a person other than us). The third party companies that place cookies on our website will have their own privacy policies.

(11.3) What types of cookies do we use

The types of cookies used by us can be categorised as follows.

Strictly necessary cookies

These cookies are essential for the full functionality of our website and related services. They enable you to navigate around our website and services and use their features e.g. accessing secure areas and enabling services that you have asked to receive. If you opt out of these cookies, you may not be able to access all the functions of our website and some services that you have asked to receive.

These cookies do not track where else you have been on the internet and do not remember your preferences beyond your current visit. These cookies are generally first party session cookies which will expire when you close your browsing session. These cookies do not collect information that could be used for marketing purposes.

Functionality cookies

These cookies allow a website to remember choices you make and provide enhanced, more personal features. e.g. these cookies allow us to remember the settings you have applied to the website (such as font size, preferences or colours), identify whether you are a returning website visitor and present you with a personalised version of the website, or eliminate the need for you to re-enter your login details. The information these cookies collect is generally anonymous and they do not track your browsing activity on other websites. These cookies may be first or third party, session or persistent cookies.

Performance cookies

These cookies collect information about how you use a website, e.g. which pages are the most visited and if you receive any error message from any page. This information helps us improve the way our website and related services work and helps us manage the performance and design of the website and services. These cookies do not gather information that identifies you. All of the information these cookies collect is aggregated and anonymous. These cookies may be first or third party, session or persistent cookies.

(11.4) Google cookies

We use Google Analytics to collect information about visitors to our website. Google Analytics collects information related to your device, browser, IP address, network location, and website activities to measure and report statistics about your interactions on our website. We use this information to help us manage the performance and design of our website and to improve our website.

For further information on how Google uses your personal information when you use our website and how to opt out of Google’s use of cookies, see here. In addition to the process described in this link, you can opt out using the process described below.

(11.5) How to control or opt out of cookies

ou can control and/or delete cookies as you wish. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. However, if you do this, you may have to manually adjust some preferences every time you visit our website and attempt to use our services, you may not be able to access certain parts of our website or services, and some functionalities may not work.

You can find out more information about how to change your browser cookie settings at http://www.aboutcookies.org.uk.

To learn more about how to control cookie settings through your browser:

  • click here to learn more about the Private Browsing setting and managing cookie settings in Firefox
  • click here to learn more about Incognito and managing cookie settings in Chrome
  • click here to learn more about InPrivate and managing cookie settings in Internet Explorer
  • click here to learn more about Private Browsing and managing cookie settings in Safari.

(11.6) Third party website cookies

If you follow a link on our website to another website, the owner of that website will have its own cookies. We suggest you review that website’s cookie policy before you visit that website. 

The table below explains the cookies we use and why.

Cookie Name
Domain
Data Stored
Purpose
Cookie Type/ Source
Expiry
PHPSESSID nyriad.com  reference to a session stored on the web server. No information is stored in the user's browser and this cookie can only be used by the current web site. To maintain information about each visit to the website and enable core site functionality. First Party Session
__cfuuid .nyriad.com This cookie does not correspond to any user id in the web application, nor does the cookie store any personally identifiable information. Used by the content network, Cloudflare, to identify trusted web traffic. First Party 1 year
_ga .nyriad.com Google Analytics Unique ID number Tracking data for Google Analytics. Helps calculate unique visitor numbers. First Party 2 years
_gat .nyriad.com Google Analytics Unique ID number Used by Google Analytics to throttle request rate First Party 1 minute
_gid .nyriad.com Google Analytics Unique ID number Registers a unique ID that is used to generate statistical data on how the visitor uses the website. First Party 24 hours
GPS .youtube.com YouTube will not store personally-identifiable cookie information for playbacks of embedded videos using the privacy-enhanced mode.
Read more at YouTube’s embedding videos information page.
Registers a unique ID on mobile devices to enable tracking based on geographical GPS location. Third Party Session
PREF .youtube.com Registers a unique ID that is used by Google to keep statistics of how the visitor uses YouTube videos across different websites. Third Party 8 months
VISITOR_INFO1_LIVE .youtube.com A cookie that YouTube sets that measures your bandwidth to determine whether you get the new player interface or the old. Third Party 6 months
YSC .youtube.com Registers a unique ID to keep statistics of what videos from YouTube the user has seen. Third Party Session