TERMS OF
USE AND PRIVACY
Your use of, and access to, this website is subject to the following Terms of Use, which you are deemed to accept by accessing this website:
This website has been developed to provide information about Liquor Information Pricing Services Limited (LIPS) and the services provided by LIPS, and to make advertising information and other services offered by LIPS available to its clients. If you choose to join LIPS or subscribe for any service offered by LIPS, the provision of that service to you will be governed by these Terms of Use.
While LIPS has endeavoured to ensure that all information provided on this website or contained in its LIPService emails or other communications is accurate and up to date, prices are subject to change and errors may have been in the advertisement or entry of an advertised offer into the LIPS database. Also, advertised prices are generally available only while stocks last. Accordingly, LIPS recommends that you contact the retailer of the product you wish to purchase to confirm all details of the offers shown in any advertising information provided by LIPS.
LIPS makes no warranty as to the accuracy, reliability, suitability or currency of the information on this website or provided in its LIPService emails or other communications. In addition, LIPS makes no warranty that the website or any content posted on this website or sent to you by email will be free from viruses or any kind of malicious code whatsoever.
To the maximum extent permitted by law, LIPS will not be liable for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, or inability to use, this website, any LIPS service, any linked website, or reliance on information contained on or accessed through this website or otherwise provided by LIPS.
You agree to indemnify and keep LIPS indemnified against all damages, costs, losses (including, without limitation, loss of profits) and expenses of any kind, whether direct or indirect, which arise from or in connection with your access or use of this website or subscription for and use of any LIPS service, whether in tort, contract, equity or otherwise.
Without limiting the above, LIPS is not liable for matters beyond its reasonable control. LIPS does not control telephones, third-party communications networks (including your Internet Service Provider), the Internet or acts of third parties.
By submitting your details to subscribe to LIPService or any other service offered by LIPS via this website you represent and warrant that:
1. you are over 18 years of age and able to form a legally binding contract;
2. either:
(a) the credit card used to pay the subscription fee (Credit Card) is issued to you; or
(b) you are authorised to use the Credit Card to pay the subscription fee;
3. the Credit Card is valid and has sufficient available credit to meet the charges shown on the “Join LIPS” page of this website in respect of the type of subscription that you have selected (Subscription Fee); and
4. the registration information you have supplied in the joining is accurate and the email address that you have provided is for a valid and active email account to which you have access.
You authorise LIPS to charge the dollar amount of the Subscription Fee to the Credit Card at the time that your subscription to the relevant service is processed. Your subscription will only be processed once LIPS has received an approval and authorisation code from the card issuer in respect of the payment of the Subscription Fee.
Your
subscription to a service will entitle you to receive the reports and other
communications and benefits specified in respect of that service on the “Join
LIPS” page of this website for the membership period specified in the type of
subscription that you have selected (Membership
Period). No part of the Subscription
Fee will be refunded to you should you elect to cancel the service before the
end of the Membership Period. Should you
wish to continue to receive the reports and other communications or benefits
beyond the Membership Period, you will need to re-subscribe to the service via
the “Join LIPS” page and pay a further Subscription Fee.
We do not
register credit cards and no card information is retained on any LIPS server.
You acknowledge that LIPS is the sole and exclusive owner of all copyright, trade marks and all other intellectual property rights (Intellectual Property) in the software, text, graphics and other material (Content) displayed or available through this website, in the LIPS liquor information pricing system and in the LIPService emails or any other communications sent to you by LIPS. Unauthorised use of the Content is strictly prohibited and may infringe LIPS’ Intellectual Property. No content may be reproduced, published or transmitted in any manner without the prior written consent of LIPS. In particular, you may not without prior written permission from LIPS:
q archive the Content or any part of it;
q remove the copyright or trade mark notice from any copies of Content made available under these Terms of Use;
q form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
q deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or
q redistribute, resell or republish the Content.
Access to some parts of, or content on, this website requires registration. This will result in you being allocated a user ID and password that must be used whenever requested. That username and password are personal to you and you agree at all times to maintain the confidentiality of your username and password and not to disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your username and password. Provided that LIPS has been correctly supplied with the account information requested, LIPS is entitled to assume that orders and payments are made by you. You agree to inform us at once by email or telephone if you believe that your account information is being misused by a third party so that we may suspend your account. You agree to indemnify LIPS against any and all loss, claims or expenses arising out of your failure to maintain the confidentiality of your username or password.
Linked Websites
This website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. LIPS is not responsible for the content or privacy practices associated with Linked Websites.
Links with
Linked Websites do not constitute an endorsement, approval or recommendation by
LIPS of the owners or operators of those Linked Websites, or of any
information, graphics, materials, products or services referred to or contained
on those Linked Websites.
You must not create a link to any part of this website without the prior written consent of LIPS. If you do create a link to any page of this website, you acknowledge that you are solely responsible for the consequences of that link and you indemnify and will keep LIPS indemnified against all damages, costs, losses (including without limitation, loss of profits) and expenses of any kind, whether direct or indirect, arising from, or in connection with, that link, whether brought in tort, contract, equity or otherwise.
LIPS will collect personal information provided by you when you interact with LIPS, such as when you subscribe or register for the products and services LIPS offers and when you provide LIPS with feedback or respond to surveys in which you are requested to participate. Failure to provide necessary personal information when requested may result in certain products or services not being available to you.
LIPS may also collect general information about site use, traffic patterns, demand for relevant products, services, facilities and information and related site information. These statistics will not include any information which personally identifies you.
Personal information LIPS collects may be used:
q to verify your identity and assist you in case you forget your password or login details where those are necessary to access any products or services provided by LIPS;
q for authorising and processing credit card transactions which you enter into on this website;
q to provide information to you about other websites, products and services, which LIPS consider may be of interest to you;
q for future marketing, promotional and publicity purposes, including carrying out direct marketing, market research and surveys;
q for ensuring that you are shown the advertising and information that is most relevant to you and your interests; and
q for any other uses that you authorise.
LIPS will not use or disclose any information that may identify you for any other purpose without your consent except where LIPS believes in good faith that it is required by law to disclose such information or that LIPS has your prior authorisation, which LIPS will usually obtain at the time of collecting information from you.
Some of LIPS’ advertisers use third party companies to serve advertisements when you visit this or other websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites, including information gathered by cookies, in order to provide advertisements about goods and services of interest to you. LIPS does not control the practices of these companies and they may not follow the same privacy policies as LIPS. LIPS recommends that you check any relevant privacy policies before providing your personal information to any third party.
Any personal information that you provide to us will be collected and held by LIPS at 3/15 Pannill Place, Albany North, New Zealand. Under the Privacy Act 1993, you have rights of access to, and to request correction of, any personal information about you that is held by LIPS.
The Internet is not a secure environment. If you send LIPS any information, including your email address, it is sent at your own risk.
If you believe
that any information that LIPS holds about you is inaccurate or out of date, or
you would like to be removed from any LIPS mailing list or similar LIPS service
please contact us at lips@lips.net.nz.
Access to this website may be terminated at any time by LIPS without notice. These Terms of Use will nevertheless survive any such termination.
You acknowledge that your use of this website and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, LIPS and its service providers do not make any warranty that the website or services will be error free, without interruption or delay or free from defects in design or engineering.
Cookies
Currently this website does not use “cookie” technology, but may do so in the future. A cookie is a small data file that a website may write to your hard drive when you visit it. A cookie file can contain information, such as a user ID, that the website uses to track the pages you have visited. The only personal information a cookie can contain is information you personally supply. A cookie cannot read data off your hard disk or read cookie files created by other websites.
LIPS may use
cookies in the future (without
further notice to you) to track user traffic patterns and to better serve you
when you visit the website. You can set
your browser to notify you when you receive a cookie, providing you with the
opportunity to either accept or reject it.
You can also refuse all cookies by turning them off in your browser,
however doing so may limit your ability to use this website.
Assignment
You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.
Amendment of Terms of Use
These Terms of Use may be amended in whole or in part by LIPS from time to time. Amendments will be effective immediately upon posting of the amended Terms of Use on this website. You are responsible for ensuring you are familiar with the latest Terms of Use. Your continued use of this website represents your agreement to be bound by the Terms of Use as amended.
This website is governed by, and is to be interpreted in accordance with, New Zealand law. Any disputes between you and LIPS will be resolved by the New Zealand courts.
To the fullest extent permitted by law, LIPS excludes responsibility for the compliance of this website or the information contained in it with the laws of any other country.