ARCHIVE: Powster Website Terms & Conditions

Effective from 20 October 2023 to 1 May 2024

In these terms & conditions (“Terms”), the expressions “we”, “us”, “our” and “Powster” are a reference to Powster Limited (company number 7086985), a company incorporated in the UK, as well as its subsidiaries, agents and assigns. Powster can be contacted at Unit G, Bagel Factory, 24 White Post Lane, London, E9 5SZ.

Please read these Terms carefully because by using this website, you signify your agreement to and acceptance of these Terms. We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon being uploaded to this website. Your continued use of the website will represent an agreement by you to be bound by the Terms as amended. If you do not agree to these Terms, please do not use the website.

These Terms, together with our Privacy Policy and any notices posted to this website, all of which are incorporated herein by this reference, contain the entire agreement between you and us regarding your use of this website. If Powster provides you, as a customer, with its software or services, your rights and obligations with respect to those services will be subject to the terms of a separate agreement as agreed between you and Powster.

Conditions of Use
All information provided by us pursuant to these Terms is provided in good faith. We do not make any representations or warranties that the information we provide is reliable, accurate, adequate or complete or that your access to that information will be uninterrupted, timely or secure, nor do we undertake to keep this website updated. We do not accept liability for any loss resulting from any action taken or reliance by you on any information or material posted by us on this website.

You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material, which is made available to you.

Your Obligations
By using this website, you:

  • warrant that you are at least 18 years of age and possess the legal authority to create a binding legal obligation;
  • must ensure that your access to this website is not illegal or prohibited by laws that apply to you;
  • agree you will use our website in compliance with all applicable laws and will not use this website, for any purpose that is unlawful or prohibited by these Terms;
  • must take your own precautions to ensure that the process which you use to access 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. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system, which arises in connection with your use of this website or any linked website; and
  • must ensure that any access information we provide to you (for example, user logins) are kept secure and not provided to any third party.

User Accounts
You may be able to create a user account on this website by navigating to the relevant page and inputting the requisite details (which will include an email and password). Any information you provide to us in creating this user account will be treated in accordance with our Privacy Policy. In signing up for any user account, you agree that the information you have provided is true and correct, and that you are authorized to provide such information. Powster does not accept liability for any loss or damage arising from the creation of, or your use of, the account, unless otherwise stipulated in a separate set of terms of service agreed between you and Powster (if any).

Intellectual Property
All of the material on this website, including the content, text, images, software, videos, graphics, trademarks, layout, look-and-feel and any other information is subject to copyright and other proprietary rights belonging to Powster or our licensors. We do not grant you any licence or right to access, copy or otherwise use the material on our website. You agree not to, in any way, adapt, copy, reproduce, republish, upload, post, transmit, distribute, store (including in electronic form), create derivative works from, commercialise or modify the material in whole or in part, without our express prior written consent.

You may not:

  • use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express prior written consent;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Powster without express prior written consent;
  • disrupt or interfere with the website, servers, software, hardware or other equipment connected to the website; or
  • use any meta tags or any other "hidden text" utilizing Powster’s name or trademarks without the express prior written consent of Powster. Any unauthorised use terminates any permission or license previously granted to you by Powster.

You indemnify, defend and hold Powster harmless against all costs, losses, expenses (including, without limitation, reasonable attorney’s fees and costs of defense and appeal), claims, liabilities or damages which Powster may incur through any third party claim arising out of or in connection with:

  1. your breach of these Terms or any applicable laws; or
  2. your disruption or interference with the website, servers, software, hardware or other equipment connected to the website.

The Powster logo and other marks indicated in this website are trade marks of Powster in the UK, New Zealand and/or other countries. Other Powster graphics, logos, page headers, button icons, scripts, and service names are trade marks or trade dress of Powster. Powster trade marks and trade dress may not be used in connection with any product or service that is not Powster's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Powster. All other trade marks not owned by Powster that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Powster.

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. We are not responsible for the content or privacy practices associated with Linked Websites.

Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us 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, unless and to the extent stipulated to the contrary.

Limitation of Liability
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any Linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

All information, content, materials, products (including software) and other services included on or otherwise made available to you through this website are provided by Powster on an "as is" and "as available" basis. Powster makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, products (including software) or other services included on or otherwise made available to you through this website (including without limitation any Linked Website). You expressly agree that your use of this website and any Linked Website is at your sole risk.

To the greatest extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will, to the greatest extent permitted by law, be limited for a breach of that condition or warranty to one or more of the following: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

Other than with respect to advertisements directly from any Vista group companies (if any)¸ responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements (if any) does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Privacy Policy
Your privacy is important to us and we will handle your personal information in accordance with the terms and conditions set out in our Privacy Policy which is posted on this website undefined.

Access to this website may be terminated at any time by us without notice. These Terms will nevertheless survive any such termination.

If any part of these Terms is held unenforceable by a court of competent jurisdiction, the remaining parts of these Terms will remain in full force and effect.

Governing Law
These Terms are governed by the laws of New Zealand and you accept the exclusive jurisdiction of the New Zealand Courts.

Consent Management
When you visit any web site, it may store or retrieve information on your browser, mostly in the form of cookies. Because we respect your right to privacy, you can choose not to allow some types of services. However, not allowing some types of services may affect your experience of the site and the services we are able to offer.