Prometheus Finance Limited - Terms and Conditions of use
1. Terms and Conditions
Welcome to the website of Prometheus Finance Limited (“Prometheus”). These Terms and Conditions apply to your use of this website. By using this website, you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must leave this website immediately.
Prometheus reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on this website. Your continued use of the website following such amendments being placed on this website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
4. Intellectual Property
Unless otherwise stated, Prometheus is the owner of all copyright, trademarks and other intellectual property rights in this site or has a valid right to use such copyright, trademarks and other intellectual property rights in this site. This includes without limitation all intellectual property rights in respect of all text, graphics, logos and images on this website. Prometheus’s ownership of and right to use such intellectual property is protected by both New Zealand and international law.
Prometheus grants you a limited licence (“Licence”) for the purpose of accessing and making personal use of this site. Any contravention by you of these Terms and Conditions terminates the Licence immediately. Under no circumstances, without the prior written approval of Prometheus, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than in accordance with the Licence. You shall not use any data gathering and extraction tools or software to extract information from this site. You shall not frame or utilize framing techniques to enclose any of the contents of this website without Prometheus’s express prior permission. You may not use any meta tags or other hidden text which incorporate Prometheus’s name or any of its intellectual property including trademarks without the Prometheus’s express prior permission. Using any information or content included on this website other than in accordance with the terms of the Licence is strictly prohibited. You agree to fully indemnify Prometheus for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against Prometheus its related parties, employees, contractors or agents, that may arise as a result of your breach of the Licence.
6. Proprietary Notices
In the event that you are granted permission by Prometheus to use this website or any portion of it or its content other than for personal use, subject to any contrary agreement you reach with Prometheus, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
While Prometheus has endeavoured to take all reasonable and appropriate care in the preparation of the content of this website and has no reason to believe that any information contained on this website is inaccurate, Prometheus does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Prometheus does not undertake to keep this website updated. Prometheus does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on this website including without limitation where such loss or damage is a result of or contributed to by the negligence of Prometheus.
8. 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.
Prometheus requires that you obtain the prior written approval of Prometheus before providing any link to this website. Where such approval is given, you further agree that you will not use any Prometheus logo, trademark or other proprietary graphic as part of such link without the express prior approval of Prometheus.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Prometheus does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of this website or any linked website.
11. Exclusion of Warranty
To the fullest extent permitted by law, in relation to your access and use of this website any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded.
12. Exclusion of Liability
Under no circumstances will Prometheus, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the website or in respect of any failure or omission on the part of Prometheus to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the website.
13. Limitation of Liability
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Prometheus becomes liable for any loss or damage that would otherwise have been excluded, Prometheus’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the website is to be limited to $50 in New Zealand currency.
This website is governed by and is to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the website, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
In the event that you have a dispute in respect of the content of this website or relating to or arising from your use of this website you must immediately notify Prometheus in writing giving details of the dispute. You agree that Prometheus and yourself acting in good faith will then use best endeavours to resolve the dispute.
16. Failure to Comply
Prometheus accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
If Prometheus waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force.
If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact us.
4. Collecting Information: Whenever you access this website, Prometheus will collect the following types of information from you:
a. The IP address of your machine when connected to the internet and the domain name from which you are accessing the internet;
b. The operating system and the browser your computer uses and any search engine you are using;
c. The date and time you are visiting; and
d. The URLs of the pages you visit, as well as any other information you may explicitly provide in the course of accessing the website, such as your name, gender, email address and other personal details such as telephone number.
5. Further Collection: Prometheus also reserves the right to collect more extensive information where it deems such action is appropriate, such as in the case of any security concerns which may arise. Where possible, information will be obtained directly from you. However, you acknowledge that by accessing the website information may be collected from you as a result of the workings of the website and the attached systems and software.
6. Use of Information: Prometheus uses the information provided by you or generated by your use of the website to provide you with any services or information you may request from Prometheus. Prometheus also uses information collected from you to assess the performance of the website and to ensure that the website serves your needs in the most efficient manner possible.
9. Data Transmission: Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst Prometheus strives to protect such information, we do not warrant and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
10. Accessing Information: You are entitled to access any information which Prometheus may hold about you and Prometheus is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request Prometheus to correct any inaccuracies in any information which Prometheus holds about you. Prometheus is entitled to charge you for the reasonable costs of retrieving, providing this information and as applicable correcting this information.
11. Providing Information: You agree that Prometheus may provide any personal information it collects about you to its related companies (as defined in section 2(3) of the Companies Act 1993 (NZ)), debt collection and credit reference agencies and any other parties it deems necessary in relation to providing you access to this website, for any services you acquire from Prometheus, to recover any money you owe to Prometheus and to exercise any lawful right Prometheus, its related companies or debt collection and credit reference agencies may have. You also authorise any person to provide Prometheus with such information as Prometheus may require in response to credit enquiries.
12. Disclosing Information: You also agree that Prometheus is entitled to disclose information it holds about you without your prior permission if Prometheus reasonably believes that such disclosure is necessary to
a. Conform to legal requirements;
b. Comply with legal process or help to maintain the law;
c. Protect Prometheus’s rights or property or that of Prometheus’s related companies; or
d. Enforce the Terms and Conditions of access to this website.
13. Combining Information: Prometheus may combine any information which it collects from you with information collected by its related companies.