This website is operated by TRAFFIC MONITORING SERVICES LIMITED “TMS” under the domain names: tmsnz.com & trafficmonitoringservices.co.nz.
Your use of the information pictures and other graphics on this website are governed by these terms and conditions and limitation of liability, by the copyright notice and by the privacy statement. By using this website you accept these terms and conditions as amended form time to time. If you do not accept these terms and conditions you must exit this website immediately.
If you enter into transactions with TMS via the facility in this website, additional terms and conditions are applicable. If there is any inconsistency between the terms appearing here and those additional terms, the latter will prevail to the extent of the inconsistency.
TMS may terminate or amend:
(a) this website; and/or
(b) these terms; and/or
(c) your use of or access to this website at any time.
This is the current version of these terms and conditioned. By publishing the current version of these terms and conditions on the website, you accept that TMS has given you sufficient notice of any changes made from time to time. All limitations of liability and provisions with respect to intellectual property shall survive termination.
LIMITATION OF LIABILITY
1. Some legal obligations imposed by law cannot be excluded or limited. No attempt to limit of exclude such liability is made by TMS:
2. Subject to:
(a) Clause 1 and to the extent permitted by law; and
(b) except as otherwise expressly provided in terms and conditions applicable to specific transaction that may be facilitated by this website. you agree that:
(c) Traffic Monitoring Services shall not be liable to you for any loss, damage, liability, claim or expense (including but not limited to legal costs and disbursements) arising from your use of this website and whether your claim arises for breach of contract, negligence or other tort or breach of statute or otherwise and whether you allege that TMS’ willful act or omission caused such loss etc. In particular (but without limitation of the foregoing) TMS will not be liable for loss of profit or anticipated profit, loss of revenue, lost savings on overheads, business interruption, lost opportunity or consequential or indirect loss; and
(d) all terms, conditions and warranties other than those expressly contained in the website are excluded.
3. Subject to clause 1 and to the extent permitted by law, TMS’ liability for breach of a warranty or implied term or condition that cannot be wholly excluded is limited at TMS’ option to:
(a) The supply of goods or services again;
(b) The repair of goods;
(c) The payment of the cost of having the goods or services supplied again or repaired.
JURISDICTION
The law of New Zealand governs this website and its use. You and TMS will submit to the jurisdiction of the courts of that place.
LINKS TO OTHER WEBSITES
If this website contains links to any websites operated by third parties (“Linked Site”):
(a) TMS does not re-publish, endorse, recommend or approve the Linked Site;
(b) TMS makes no representation or warranty concerning the accuracy or other characteristics of the content of the Linked Site or the treatment you will receive from the host or operator of the Linked Site;
(c) The operator of the Linked Site is responsible for all offers and representations concerning the sale of goods and services on the Linked Site; and
(d) You are advised that TMS may receive payment from operators of Linked Sites as a result of your navigation to a Linked Site or if you pursue a transaction with the operator of the Linked Site.