Terms of Use



Site User Disclaimer

Description of Services

The purpose of this website is to collate and display readily available industry information on one convenient site. HML recommends this information be used as a guide only and users should consult an independent lighting engineer for advice.

By using the website you agree to the following terms of service:


Interpretation

“website” or “site” refers to the howmanylights.co.nz website.

“HML” or "HowManyLights" refers to HML Limited.


Jurisdiction

The governing jurisdiction for this agreement will be New Zealand.


Permitted Uses

You are permitted to view the website and its lighting calculator for personal and commercial purposes.

You may not distribute any information downloaded or copied from this site without the original logos, copyright, trademark information, disclaimers, and terms of use.

You may not use or distribute information on this site for any profit, including fees and any other types of consideration. At all times during valid use or distribution, you must acknowledge the source of this information as www.howmanylights.co.nz.

You are not permitted to access the website by way of automated scripts, bots or equivalent manual process to access or monitor any part of the website in a way that circumvents the natural navigational layout of the website without express permission from HML.

You are not permitted to access the site in a way that causes or could potentially cause a denial of service attack against the website.

You may not use the website in any way which contravenes the laws of the land. This includes but is not limited to crimes, spamming, harassment, inducement of contractual breaches.

If you wish to link to the website, you must obtain express permission by contacting info@howmanylights.co.nz


Intellectual Property Rights

All copyrights and trademarks contained and used and distributed through this website is by consent of the owner and may not be reproduced without the written consent of the owner (HML, product manufacturer, supplier or authorised agent).


Limitation of Warranty and Liability

You agree to use the website “as is” and at your own risk without warranty of any kind – express or implied.

The information on this website is provided by manufacturers, suppliers and authorised agents of the product or service. HML, its employees, contractors, and agents take no responsibility for the accuracy or integrity of the information displayed on the site, or the accuracy or integrity of the data files provided for use in the lighting calculations.

To the full extent permitted by law, HML, its employees, contractors and agents will not be liable through tort (including negligence), contract, equity or any other legal cause of action (for example arising through statutory or regulatory provisions) for any website downtime, incorrect rendering of content, accuracy or integrity of content and links supplied by advertisers, manufacturers, suppliers and authorised agents.


Indemnity

You agree to indemnify HML, its employees, contractors for all claims, legal costs, expenses, costs, liabilities, losses (including but is not limited loss of economic profit and consequential losses), liabilities settlements, damages and compensation awards associated with any and all legal causes of action that have arisen due to your use of the website.


Non Endorsement

HML does not sell or provide lighting products or design services, nor does HML act as an agent or representative for any of the products or services advertised on this site. Furthermore, HML does not endorse any of the information provided by third parties, nor any of the advertising that may appear on the website. If you are interested about any of the information you see on the website, please inquire directly with the supplier or its authorised agents. HML is not responsible nor does it endorse any of the third party sites linked to by the website, or advertisement links.


Termination of Service

We reserve the absolute discretion to terminate access to any users of this website without notice.


Privacy Policy

The website does not store any emails supplied by users in databases. User activities on the site may be logged as part of standard web maintenance. Should any emails be present on these logs, it will not be divulged to any third parties except when necessary to perform maintenance or repair, or to comply with the good faith requests of law enforcement agencies.


Change of Terms

Changes to these terms of service will be notified by amending this website.



HML Limited Online File Hosting Agreement

By submitting or authorising the submission of material for publication on the website, you warrant to HML that you have the right to release the data, including any of the intellectual property rights associated with the material for publication by HML on the website.

HML shall have the right to display the submitted material for the duration of the agreement and up to 5 working days after the termination of the agreement.

You warrant that releasing the material is lawful in New Zealand (including the honouring of any contracts you've entered, defamation, negligence and other torts), and is lawful in your own country.

You warrant that to the best of your knowledge, the information being submitted is reliable and correct, and that you have taken reasonable steps to accomplish this, and that corrections to wrong or misleading information will be uploaded to the website in a reasonable time.

All file hosting on the HML web site begins with a signed online file hosting agreement.

All new clients should submit their signed online file hosting at least seven (7) working days prior to intended start date of any online file hosting, or by such date agreed.

HML may from time to time conduct routine tests, maintenance, upgrade or repair on any part of the network, and HML shall give You prior notice thereof. You acknowledge that there may be instances where it is not practicable for HML to give advance notice of a disruption and HML shall be entitled to disrupt the file hosting to conduct restoration and remedial works without prior notice.

If the data files interfere with the standard operation of the HML website in any way, the file hosting will be temporarily suspended until the technical problems can be corrected.


Limitation of Warranty

HML shall not be responsible for any loss or damage to the client or for consequential losses to any third parties associated with the client if files are corrupted, damaged, do not display properly or any delays in publication, even when such things arise due to HML's own negligence.

HML is not responsible for the integrity and accuracy of any content you have uploaded for publication on the website. While we may alert you of any corrections we find or which are submitted by users, it remains your responsibility to maintain its integrity and accuracy.

HML shall not be responsible for any delays in uploading revised working files to the website.

This disclaimer of responsibility extends to when force majeure prevents HML from performing any of its contracted services.


Indemnity

You agree to indemnify HML against any and all costs associated with the resolution of any kind of legal dispute, or threat of legal dispute, as a result of HML hosting Your files on the website, including claims in negligence. In particular these costs include but are not limited to: reasonable legal fees, any settlements, damages, compensation, any other forms of judgement, other costs or expenses, and includes loss of economic profit, liabilities and further consequential loss or liabilities experienced by HML, as a result of your actions or omissions.

You and HML shall promptly alert each other to any disputes that arise from the material on the website.


Hosting Rates

Quoted rates are valid for 30 days from date of proposal.

All hosting bookings are subject to availability at time of booking.

All rates are in New Zealand dollars and are exclusive of GST.


Cancellations

No refund will be given for any cancellations.


Billing

Invoices will be issued prior to commencement of file hosting. Payment is required upon invoice.


Confidentiality

However, data may be archived, logged or backed up as part of the regular operations of the website and in some cases it will be necessary to disclose such files to contractors as part of this upkeep.

HML may also disclose your data files in compliance with good faith requests by law enforcement officials.



Advertising

Jurisdiction

The governing law and jurisdiction for this agreement shall be New Zealand.


Interpretation

“website” or “site” refers to www.howmanylights.co.nz.

HML refers to HML, its employees, contractors and agents.

“working days” means clear working days.

By submitting or authorising the submission of advertising material for publication on the website, you warrant to HML that you have the right to release the data, including any of the intellectual property rights associated with the material for publication by HML on the website.

HML shall have the right to display the submitted material for the duration of the agreement and up to 5 working days after the termination of the agreement.

You further warrant that releasing the material is lawful in New Zealand (including the honouring of any contracts you've entered, defamation, negligence and other torts), lawful in your own country, and complies with the New Zealand Advertising Standards Authority Advertising Codes of Practise.


Limitation of Warranty

HML shall not be responsible for any loss or damage to the advertiser or any consequential losses to the advertiser's associated third parties if the ad appears differently than instructed by the advertiser or if there is a failure or delay in displaying the ad – including when the website experiences downtime – even if it is the result of HML's own negligence.

HML may from time to time conduct routine tests, maintenance, upgrade or repair on any part of the network, and HML shall give You prior notice thereof. You acknowledge that there may be instances where it is not practicable for HML to give advance notice of a disruption and HML shall be entitled to disrupt the file hosting to conduct restoration and remedial works without prior notice.

These disclaimers of responsibility extends to when force majeure prevents HML from performing any of its contracted services.


Indemnity

You agree to indemnify HML against any and all costs associated with the resolution of any kind of legal dispute, threat of legal dispute, or breach of the NZ Advertising Standards Authority Code of Practise arising out of the actions or omissions of the advertiser, including claims in negligence. In particular these costs include but are not limited to: reasonable legal fees, any settlements, damages, compensation, any other forms of judgement, other costs or expenses, and includes loss of economic profit, liabilities and further consequential loss or liabilities experienced by HML, as a result of the advertiser's actions or omissions.

You and HML shall promptly alert each other to any disputes that arise from the advertising material on the website.


Advertising Rates

Quoted rates are valid for 30 days from date of proposal.

All advertising bookings are subject to availability at time of booking.

All rates are in New Zealand dollars and are exclusive of GST.


Bookings

All advertising on the HML web site begins with a signed online advertising agreement.

All new advertisers should submit their signed online advertising agreement at least seven (7) working days prior to intended start date of any online advertising, or by such date agreed.


Material

All advertising files are to be submitted at least five (5) working days before the intended start date of any online advertising, or by such date agreed.

The advertiser is to allow at least five (5) working days for changes to be made to a current advertisement.

HML reserves the absolute discretionary right to remove an advertisement from its Web sites at any time.

HML will not accept advertisements that look or act like Windows dialogue boxes or error messages, or in any other way mislead the user.

All advertisements are subject to approval by HML before placement on the website. HML reserves the right to reject any ad based on the artwork considered unsuitable for publication, at its sole and absolute discretion.

If the advertisement files interfere with the standard operation of the HML website in any way, the ad will be temporarily suspended until the technical problems can be corrected.


Cancellations

No refund will be given for any cancellations.


Billing

Invoices will be issued prior to commencement of advertising campaign.

Payment is required upon invoice.