Terms & Conditions
Last Updated: January 9, 2017
The following information sets forth the Terms & Conditions (collectively, the "Terms", "Terms of Service", "TOS", "Terms & Conditions" or "Agreement") for Thunderhead (collectively "Thunderhead365", "Thunderhead", "We", "our" or "us") and govern your access to use our website (the "Website") https://thunderhead365.com and our services (the "Services"). Please read all Terms carefully before using our Website or Services. If you do not agree with any of the Terms contained below, do not use this Website or our Services.
By using or accessing our Website or Services you ("You", "Your", "Customer", "User") agree to be bound by these Terms. If You are accessing our Website or Services on behalf of an organization, You are agreeing to these Terms for that organization and agreeing that You have the authority to bind that organization to these terms. In that case, "You" and "Your" will refer to that organization. Our Website and Services are not intended for use by You if you are under 13 years of age. By agreeing to these Terms, You are representing to us that You are over 13.
We reserve the right to change or modify any of the Terms contained in this Agreement at any time. Following any changes, we will revise the 'Last Updated' date at the top of this page. You acknowledge and agree that it is your responsibility to review the Website and these Terms regularly. To help Users locate this information you can find our Terms & Conditions through the link at the bottom of every page on the Website. Your continued use of the Website or Services after such modifications to this Agreement will constitute acknowledgment of the modified Terms & Conditions and agreement to abide and be bound by the modified Terms & Conditions.
We do not make any claim relating to the ownership, rights, interest or responsibility of the data You supply to Thunderhead for our Services and Applications. Your use of our Services and Applications must comply with all applicable data laws and regulations. You agree not to upload, transfer or store any data on, through or using our Services unless you have the right to do so or without first obtaining written consent from the owner, being an individual, organization or government entity. You will be fully responsible for the data used, uploaded, transferred or stored through our Services and Applications. You must not upload any form of malicious data, code or software to any of our Services or Applications.
Third Party Linkages
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our Users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Disclaimer of Warranties
We supply our services "as is", "with all faults" and "as available". We do not warrant or guarantee that any information available using our website or services are accurate, reliable, or that your access and use will be uninterrupted, secure or error free. We have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of our website or services. You agree that the use of our website and services is at your sole risk. We give no express warranties or guarantees nor implied warranties of merchantability, fitness for a particular purpose and non-infringement.
For any breach of the services warranty, your only remedy and thunderhead’s entire liability shall be the correction of the deficient services that caused the breach of warranty, or, if thunderhead cannot substantially correct the deficiency in a reasonable manner, you may end the deficient service and thunderhead will refund to you those fees for the cancelled services that you pre-paid to thunderhead for the period following the effective date of termination.
Limitation of Liability
We are not liable for any indirect, special, incidental, punitive, consequential or exemplary damages, or any loss of revenue or profits, data, or data usage arising from the use of our services. Thunderhead, and its parents, subsidiaries, affiliates, officers, agents, and employees maximum cumulative liability will not exceed the total amount of service fees paid for the previous one (1) month.
You agree to hold harmless and indemnify thunderhead, and its parents, subsidiaries, affiliates, officers, agents, directors and employees from and against any third-party claim arising from or in any way related to your use of our website or services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Governing Law & Jurisdiction
All matters relating these terms & conditions will be by the laws of New Zealand and you agree to submit to the exclusive jurisdiction of the courts of New Zealand.
Termination & Refunds
Thunderhead shall have the right to immediately terminate or suspend, at its discretion, your access to all or part of our services with or without notice for any reason. At our discretion, we may suspend or terminate your use if you are not complying with these terms, or using our services in any way that are illegal, unethical, would cause us legal liability or disrupt others' use of the services. No refunds shall be offered where a service is deemed to have begun and is, for all intents and purposes underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services will be refunded.
Should you have any questions or comments about our Terms & Conditions you can send an email to us directly at firstname.lastname@example.org