Terms of Use

Welcome to the TechCertain Terms of Use. This agreement describes the terms and conditions applicable to your use of our (TechCertain Limited) TechCertain services under the domain and subdomains of www.techcertain.com (“TechCertain”).

Please note that if you are a registered user, the End User Licence Agreement governs your use of TechCertain.

1. TechCertain is a marketplace. We do not control the accuracy of information provided by others through or in relation to the TechCertain marketplace, or the correct use of TechCertain or any related process. You agree to accept such risks and that we are not responsible for acts, errors or omissions of any marketplace participant.

2. We are not agents or acting as representatives for any marketplace participants, unless separately agreed by us in writing.

3. Because we are a marketplace, in the event that you have a dispute with one or more marketplace participants or any other party or parties, you release us from all claims, demands and damages of every kind and nature howsoever arising from or related to such disputes.

4. You must maintain the security of your account. This includes keeping your access codes secure and not allowing any other person to access your account. You must contact us immediately if you have reason to believe that the security of your account has been breached.

5. You must not attempt to circumvent, hack, disrupt or undermine the integrity of TechCertain.

6. This agreement is governed by New Zealand law. Any disputes shall be determined within the jurisdiction of New Zealand.

7. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced.

8. No delay or failure to act by us on enforcing any provision shall be deemed a waiver or prejudice our rights in any way.

9. TECHCERTAIN IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN PARTICULAR, WE DO NOT WARRANT THE ACCURACY OR INTEGRITY OF ANY INFORMATION PROVIDED THROUGH OR IN RELATION TO TECHCERTAIN, OR THE CORRECT USE OF TECHCERTAIN AND RELATED PROCESSES, BY ANY PERSON.

10. IN NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF PROFITS OR CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSSES OR DAMAGES ARISING IN ANY WAY WHATSOEVER OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

OUR TOTAL LIABILITY (IF ANY), AND THE TOTAL LIABILITY OF OUR DIRECTORS, EMPLOYEES OR SUPPLIERS, TO YOU OR ANY OTHER PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO US IN THE 6 MONTHS PRIOR TO THE ACTION DETERMINING LIABILITY OR NZD$100, WHICHEVER IS GREATER.