Opscotch Website Terms of Use

These Website Terms of Use (“Website Terms”) govern your access to and use of https://www.opscotch.co and any related webpages that link to these Website Terms (collectively, the “Site”).

The Site is operated by Opscotch Limited, of Level 4 Dominion building, 78 Victoria Street, Wellington 6011 New Zealand (“Opscotch”, “we”, “us”, or “our”).

By accessing or using the Site, you agree to these Website Terms. If you do not agree, do not use the Site.

1. Permitted use

You may use the Site only for lawful purposes and in accordance with these Website Terms.

You must not:

• use the Site in violation of any law or regulation;
• use the Site to introduce malware, malicious code, or harmful material;
• attempt to gain unauthorized access to the Site, its servers, or related systems;
• interfere with the Site’s availability, performance, or security;
• scrape, harvest, or extract Site content at scale except as allowed by applicable law or with our written permission;
• misrepresent your identity or authority when submitting information to us; or
• use the Site in a way that could damage Opscotch, other users, or third parties.

2. Product and legal information

The Site may describe products, features, roadmaps, pricing, legal terms, and other information. Unless expressly stated otherwise:

• Site content is for general informational purposes only;
• product features, functionality, packaging, and availability may change;
• pricing, service descriptions, and commercial details may change at any time before a binding order is accepted; and
• publication on the Site does not create a binding offer.

3. No professional advice

Site content is not legal, financial, compliance, safety, engineering, or other professional advice. You are responsible for obtaining advice appropriate to your circumstances.

4. Intellectual property

The Site and its content, including text, design, graphics, logos, trademarks, software, and other materials, are owned by Opscotch or its licensors and are protected by applicable intellectual property laws.

Except as expressly allowed by law or by written permission from Opscotch, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, or exploit Site content.

5. Feedback and submissions

If you send Opscotch ideas, suggestions, proposals, corrections, or feedback through the Site, you grant Opscotch a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use and exploit that feedback without restriction and without any obligation to you.

6. Third-party links

The Site may contain links to third-party websites, services, documentation, repositories, or resources. Opscotch does not control and is not responsible for third-party content, products, services, or privacy practices.

7. Privacy

Your use of the Site is also subject to the Opscotch Privacy and Telemetry Notice.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

OPSCOTCH DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT SITE CONTENT WILL ALWAYS BE COMPLETE, CURRENT, OR ACCURATE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSCOTCH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPSCOTCH’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE WEBSITE TERMS WILL NOT EXCEED NZD $100.

Nothing in these Website Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited.

10. Suspension and changes

Opscotch may modify, suspend, withdraw, or discontinue any part of the Site at any time without liability.

Opscotch may update these Website Terms from time to time by posting an updated version on the Site. Continued use of the Site after the effective date of the updated Website Terms constitutes acceptance of the updated Website Terms.

11. Governing law

These Website Terms are governed by the laws of New Zealand, excluding conflict of laws rules. Subject to mandatory law, the courts of Auckland, New Zealand have exclusive jurisdiction over disputes arising out of or relating to the Site or these Website Terms.

12. Contact

Questions about these Website Terms may be sent to legal@opscotch.co.