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Website Terms of Use

The purpose of these Website Terms of Use is to explain to a visitor the terms and conditions on

which they visit and use this website operated by Datalab 2011 Limited (trading as Datalab).

Please read these Terms of Use carefully before using the Datalab website.

Acceptance of Terms

These Terms of Use are to be read in conjunction with Datalab’s Website Privacy Policy. By

accessing the Datalab website, you indicate that you have read and agreed to these Terms of

Use and the Website Privacy Policy.

It is a condition of your use of this website that you observe our Website Terms of Use at all


We reserve the right to update or amend these Terms and Conditions at any time and your

continued use of the Website/Services following any changes shall be deemed to be your

acceptance of such change. It is therefore your responsibility to check the Terms and Conditions

regularly for any changes.

Website Tools

The calculators and other interactive tools that may be used on this web website from time to

time are intended to be illustrative only. Datalab does not represent or warrant the accuracy,

adequacy or completeness of any information provided by those calculators and interactive


Website Information

The information on this website has been provided by Datalab for informational purposes.

Datalab does not warrant the accuracy or completeness of the materials on this website. Datalab

does not accept any liability for any loss or damage directly or indirectly arising from any

information contained on this website.

Datalab may at any time change the information available on this website, without notice,

including discontinuing all or any aspects of this website. Datalab will not be liable for any loss or

damage, which may arise directly or indirectly as a result of such changes.

No content on this website can or may change any contract for products or services that you

may have with Datalab.

When transmitting your personal information over this website, you should remember that the

Internet is not a secure environment.

The Services

The Website may provide communication tools such as email, bulletin boards, chat areas, news

groups, forums and/or other message or communication facilities ("the Services") designed to

enable you to communicate with others. Unless stated otherwise the Services are for your

personal and non-commercial use only.

User Account, Password & Security

If a particular Service requires you to open an account you will be required to complete the

registration process by providing certain information and registering a username and password

for use with that Service. You are responsible for maintaining the confidentiality of the username

and password and also for all activities that take place under your account. You agree to

immediately notify us of any unauthorised use of your password or account or any other breach

of security. In no event will Datalab be liable for any indirect or consequential loss or damage

whatsoever resulting from the disclosure of your username and/or password. You may not use

another person’s account at any time, without the express permission of the account holder.


We have the right to terminate your access to any or all of the Services at any time, without

notice, for any reason, including without limitation, breach of these Terms and Conditions. We

may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof

without prior notice and you agree that we shall not be liable to you or any third party for any

termination of your access to the Website/Services.

Third Party Websites

The Website/Services may include links to third party websites that are controlled and

maintained by others. Any link to other websites is not an endorsement of such websites and you

acknowledge and agree that Datalab is not responsible for the content or availability of any such


Intellectual Property Rights

The Website and its content (including without limitation the Website design, text, graphics and

all software and source codes connected with the Website and the Services) are protected by

copyright, trade marks, patents and other intellectual property rights and laws. In accessing the

Website you agree that you will access the contents solely for your personal, non-commercial

use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or

distributed without the prior written consent of the copyright holder. This excludes the

downloading, copying and/or printing of pages of the Website for personal, non-commercial

home use only.

Datalab does not claim ownership of any materials you post, upload or submit to any publicly

accessible area of the Services. However, by doing so you are granting us a world-wide, royalty

free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate

or publish such Content for as long as you elect to display such Content via the Services. The

licence shall be terminated when such Content is deleted from the Services.


Use of the Website/Services is at your own risk. The Website/Services are provided on an "as is"

and "as available" basis without any representation or endorsement made and without warranty

of any kind whether express or implied, including but not limited to the implied warranties of

satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and


To the extent permitted by law, Datalab will not be liable for any direct, indirect or consequential

loss or damage whatsoever (including without limitation loss of business, opportunity, data,

profits) arising out of or in connection with the use of the Website/Services.

You agree to indemnify and hold Datalab harmless from and against any breach by you of these

Terms and Conditions and any claim or demand brought against Datalab by any third party

arising out of your use of the Services and/or any Content submitted, posted or transmitted

through the Services, including without limitation, all claims, actions, proceedings, losses,

liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever

suffered or incurred by Datalab in consequence of your breach of these Terms and Conditions.

Materials on this website may contain inaccuracies and typographical errors. Datalab does not

warrant the accuracy or completeness of the materials or the reliability of any advice, opinion,

statement or other information displayed or distributed through the website. You acknowledge

that any reliance on any such opinion, advice, statement, memorandum, or information shall be

at your sole risk. Datalab reserves the right, in its sole discretion, to correct any errors or

omissions in any portion of the website. Datalab may make any other changes to the website, the

materials and the products, programs, services or prices (if any) described in the website at any

time without notice.


If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable

for any reason by any court of competent jurisdiction then such Term or Condition shall be

severed and the remaining Terms and Conditions shall survive and remain in full force and effect

and continue to be binding and enforceable.

Governing Law

The use of this website and these Terms and Conditions are to be governed by the laws of New

Zealand, and any disputes arising out of the same shall be resolved by the exclusive jurisdiction

of the Courts of New Zealand.

Notification of Changes

All the terms and conditions are subject to change without notice.

Questions or Comments

If you have any questions or comments about the Datalab website’s Terms of Use and/or the

way it affects you, please email us here

“Thank you dataLab for recovering 5 years’ worth of photos from my external hard drive that I deleted by formatting the drive accidently.”

T R Falconer — Auckland



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