AGREEMENT BETWEEN USER AND FIF Calculator

FIF Calculator Web Site is comprised of various Web pages operated by FIF Calculator and owned by OMNIMax Software Solutions Ltd.

The FIF Calculator Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FIF Calculator Web Site constitutes your agreement to all such terms, conditions, and notices.

1. MODIFICATION OF THESE TERMS OF USE

FIF Calculator reserves the right to change the terms, conditions, and notices under which the FIF Calculator Web Site is offered, including but not limited to the charges associated with the use of the FIF Calculator Web Site

2. THE USER'S OBLIGATIONS

The user undertakes as follows:

 - To keep strictly confidential any access codes or security devices given to maintain security of data.

 - To maintain appropriate and up to date Virus Protection Software on their computer.

 - To agree that they shall not do anything which may jeopardise FIF Calculator Intellectual Property Rights. Not itself or through any holding, subsidiary or associated company, agent or third party modify, vary, reverse engineer, enhance, copy, sell, lease, license, sub-lease or otherwise deal with the software, systems and processes including FIF classifications, pricing and exchange rate data obtained via the calculator.

 - As a condition of your use of the FIF Calculator, you warrant to FIF Calculator that you will not use the FIF Calculator  for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use FIF Calculator in any manner which could damage, disable, overburden, or impair the FIF Calculator Site or interfere with any other party's use of the FIF Calculator Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FIF Calculator Sites.

 - To as soon as practicable notify the Licensor of any breach of these provisions.

3. FIF Calculator's OBLIGATIONS

FIF Calculator will:

 - Maintain a commercial grade web server, with substantial redundancy built in, and will increase capacity as demand increases.

 - Ensure information entered by the user is kept confidential and will not disclose any of this information without the user’s express permission unless required to do so under law.

 - Ensure user and client information is transferred between the user and FIF Calculator servers using 128 bit SSL encryption or similar. 

4. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FIF Calculator WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIF Calculator AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FIF Calculator WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE FIF Calculator WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FIF Calculator AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FIF Calculator WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIF Calculator AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIF Calculator AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FIF Calculator WEB SITE, WITH THE DELAY OR INABILITY TO USE THE FIF Calculator WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FIF Calculator WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FIF Calculator WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIF Calculator OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FIF Calculator WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE SERVICE.
CONTACT : support@fifcalculator.co.nz

5. TERMINATION/ACCESS RESTRICTION

FIF Calculator reserves the right, in its sole discretion, to terminate your access to the FIF Calculator Web Site and the related services or any portion thereof at any time, without notice. Use of the FIF Calculator Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FIF Calculator as a result of this agreement or use of the FIF Calculator Web Site. FIF Calculator's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FIF Calculator's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FIF Calculator Web Site or information provided to or gathered by FIF Calculator with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FIF Calculator with respect to the FIF Calculator Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FIF Calculator with respect to the FIF Calculator Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

6. COPYRIGHT AND TRADEMARK NOTICES:

All contents of the FIF Calculator Web Site are: Copyright 2008-2009 by OMNIMax Holdings Ltd and/or its suppliers.