Klaxyronizim

Terms of Use

Last Updated: January 2025

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Klaxyronizim ("Company," "we," "us," or "our") concerning your access to and use of the https://klaxyronizim.world website and any related services (collectively, the "Website").

By accessing or using the Website, you agree that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with these terms, you must not access or use the Website.

2. Eligibility

By using the Website, you represent and warrant that:

  • You are at least 16 years of age
  • You have the legal capacity to enter into these Terms of Use
  • You are not prohibited from accessing or using the Website under the laws of New Zealand or any other applicable jurisdiction
  • All information you provide to us is accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update it as necessary

If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Use.

3. Changes to Terms

We reserve the right to modify, amend, or update these Terms of Use at any time at our sole discretion. When we make changes, we will:

  • Update the "Last Updated" date at the top of these Terms
  • Post the revised Terms on the Website
  • Provide notice of material changes through email or prominent notice on the Website

Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically. If you do not agree to the modified Terms, you must stop using the Website.

4. Use of the Website

4.1 License to Use

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal, non-commercial use.

4.2 Restrictions

You agree not to:

  • Use the Website for any unlawful purpose or in violation of these Terms
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without our express written permission
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
  • Use any automated system, including robots, spiders, or scrapers, to access the Website
  • Interfere with or disrupt the Website or servers or networks connected to the Website
  • Attempt to gain unauthorized access to any portion of the Website or any systems or networks
  • Transmit any viruses, malware, or other malicious code
  • Collect or harvest any personally identifiable information from the Website
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
  • Use the Website in any manner that could damage, disable, overburden, or impair our servers or networks
  • Violate any applicable local, state, national, or international law

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Klaxyronizim, its licensors, or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Klaxyronizim or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

5.3 Limited License

You may view, download, and print pages from the Website for your personal, non-commercial use, provided you do not modify any content and you keep intact all copyright and other proprietary notices. Any other use of content from the Website, including reproduction, modification, distribution, or republication, without our prior written consent, is strictly prohibited.

6. User Content

6.1 Responsibility for User Content

The Website may allow you to submit, post, or transmit content, including messages, reviews, comments, and other materials ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it.

6.2 License Grant

By submitting User Content to the Website, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

6.3 User Content Representations

You represent and warrant that:

  • You own or have the necessary rights to submit the User Content
  • Your User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights
  • Your User Content does not contain any defamatory, obscene, offensive, or illegal material
  • Your User Content does not contain any viruses or malicious code

6.4 Content Monitoring and Removal

We reserve the right, but are not obligated, to monitor, review, and remove User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. We do not endorse or guarantee the accuracy, integrity, or quality of any User Content.

7. Third-Party Links and Resources

The Website may contain links to third-party websites, applications, or resources that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or resources.

You acknowledge and agree that we are not responsible or liable for:

  • The availability or accuracy of such websites or resources
  • The content, products, or services available from such websites or resources
  • Any damage or loss caused by your use of or reliance on such websites or resources

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or resources that you visit.

8. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT:

  • THE WEBSITE WILL FUNCTION UNINTERRUPTED, SECURE, OR ERROR-FREE
  • DEFECTS WILL BE CORRECTED
  • THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS
  • THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLAXYRONIZIM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE
  • ANY CONTENT OBTAINED FROM THE WEBSITE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST TWELVE (12) MONTHS, OR ONE HUNDRED NEW ZEALAND DOLLARS (NZD $100), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless Klaxyronizim, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms of Use
  • Your use of the Website
  • Your User Content
  • Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
  • Any claim that your User Content caused damage to a third party

11. Information Disclaimer

The content on this Website is provided for general informational and educational purposes only. It is not intended as and should not be construed as professional, medical, psychological, therapeutic, or any other form of advice.

You should not rely on the information on this Website as an alternative to advice from qualified professionals. If you have specific questions or concerns, you should consult with an appropriately qualified professional.

We make no representations or warranties about the accuracy, completeness, or suitability of the information provided on the Website. Any reliance you place on such information is strictly at your own risk.

12. Geographic Restrictions

The Website is controlled and operated from New Zealand. We make no representation that the Website or its content is appropriate or available for use in other locations. Those who access the Website from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.

13. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms of Use
  • Request by law enforcement or government agencies
  • Discontinuance or material modification of the Website
  • Unexpected technical issues or problems
  • Extended periods of inactivity
  • Engagement in fraudulent or illegal activities

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the courts of New Zealand located in Auckland. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue or inconvenient forum.

15. Dispute Resolution

15.1 Informal Resolution

If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally by sending written notice to the contact information provided in Section 20 below. The notice must include your name, contact information, a description of the dispute, and the relief you seek.

15.2 Arbitration

If we cannot resolve the dispute informally within thirty (30) days, either party may initiate binding arbitration in accordance with the Arbitration Act 1996 of New Zealand. The arbitration shall be conducted in Auckland, New Zealand, in the English language, by a single arbitrator appointed in accordance with the rules of the Arbitration and Mediation Centre of New Zealand.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

17. Waiver

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms of Use, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Klaxyronizim regarding the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

19. Assignment

You may not assign or transfer these Terms of Use or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use or any rights or obligations hereunder without restriction. Any attempted assignment in violation of this section shall be null and void.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Use, please contact us:

Klaxyronizim
88 Shortland Street
Auckland 1010
New Zealand
Phone: +64 9 367 5800
Email: callme@klaxyronizim.world

21. Accessibility

We are committed to making our Website accessible to all users. If you experience any difficulty accessing any part of the Website, please contact us using the information above, and we will work with you to provide the information or service you seek through an alternative communication method.

22. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

23. Survival

The following sections shall survive any termination or expiration of these Terms of Use: Intellectual Property Rights, User Content (license grant), Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and any other provisions that by their nature should survive.