Website Terms of Use

1. About us

NeuralNest Limited is a New Zealand company that designs, builds, and maintains custom software and AI-powered systems for businesses in New Zealand and Australia.

2. Permitted use

You may browse and use the Website for lawful purposes connected with considering or using our services. You must not:

• (a) violate any applicable law (including the Harmful Digital Communications Act 2015 in NZ);
• (b) attempt to gain unauthorised access to any part of the Website or its underlying systems;
• (c) reverse engineer, decompile, or disassemble any part of the Website (except to the extent expressly permitted by section 80A or 80B of the Copyright Act 1994);
• (d) introduce malicious code or otherwise interfere with the operation or security of the Website;
• (e) scrape, crawl, or use automated means to extract content beyond what a normal browser does, except via channels we expressly authorise;
• (f) impersonate any person or entity;
• (g) use the Website to send unsolicited communications in breach of the Unsolicited Electronic Messages Act 2007 (NZ) or the Spam Act 2003 (Cth) (AU);
• (h) use the Website in a way that infringes the intellectual property or other rights of any third party.

3. Intellectual property

3.1 Our website

All content on the Website, including text, images, logos, design elements, code, and trade marks, is owned by or licensed to NeuralNest Limited and is protected by the Copyright Act 1994, Trade Marks Act 2002, and other applicable intellectual property laws.

3.2 Limited licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to view and access the Website for your personal or internal business purposes only. All other uses, including reproduction, republication, distribution, modification, or commercial exploitation, are prohibited without our prior written consent.

3.3 Feedback

If you submit feedback, suggestions, or ideas about the Website or our services, we may use that feedback in our products and services without obligation to you.

4. Contact forms and enquiries

If you submit information through a contact form, scheduling tool, or otherwise, you authorise us to contact you using the contact details you provide for the purpose of responding to your enquiry. We handle that information in accordance with our Privacy Policy.

5. Third-party links and embeds

The Website may contain links to, or embed content from, third-party websites and services. We do not control those third parties and are not responsible for their content, privacy practices, or terms of use. Your use of any third-party website is at your own risk and subject to that third party’s terms.

6. Disclaimers

6.1 General

The Website is provided “as is” and “as available”. Subject to clause 6.4, we do not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

6.2 Information only

Content on the Website is for general information purposes only and is not professional advice. You should obtain appropriate professional advice before acting or refraining from acting on any information found on the Website.

6.3 AI-generated content

Where any content on the Website is generated, summarised, or curated with the assistance of artificial intelligence, that content may be inaccurate or incomplete. You should not rely on it for any consequential decision without independent verification.

6.4 Statutory consumer rights

Nothing in these Terms excludes any rights you may have under:

• The Consumer Guarantees Act 1993 (NZ), to the extent it applies to you;
• The Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), to the extent it applies to you;
• Section 9 of the Fair Trading Act 1986 (NZ); or
• Any other rights that cannot at law be excluded.

7. Limitation of liability

To the maximum extent permitted by law, and subject to clause 6.4:

• (a) we are not liable for any indirect or consequential loss, loss of profits, loss of revenue, loss of business opportunity, loss of data, or any other special or punitive damages arising from your use of the Website;
• (b) our total aggregate liability arising from your use of the Website is limited to NZD 100.

This clause does not apply to liability for death or personal injury caused by negligence, fraud, wilful misconduct, or any liability that cannot at law be limited or excluded.

8. Indemnity

You agree to indemnify us against any claim, loss, damage, or expense (including reasonable legal costs) we incur arising from:

• (a) your breach of these Terms;
• (b) your unlawful use of the Website; or
• (c) your infringement of any third party’s rights through your use of the Website.

9. Privacy

We collect and handle personal information in accordance with our Privacy Policy.

10. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date above reflects the most recent revision. Continued use of the Website after the effective date constitutes acceptance.

11. Suspension and termination

We may suspend or terminate your access to the Website at any time, without notice, if we reasonably believe you have breached these Terms or that suspension is necessary to protect the Website or other users.

12. Governing law and jurisdiction

These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand for any proceedings arising from or in connection with these Terms or your use of the Website. Nothing in this clause limits any right you may have under the Australian Consumer Law to bring proceedings in Australia.

13. General

• (a) If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force.
• (b) Our failure to enforce any provision is not a waiver of that provision.
• (c) These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to your use of the Website.

14. Contact us

NeuralNest Limited
1252b New North Road, Avondale, Auckland 1026, New Zealand
Email: max@neuralnest.info
Phone: +64 22 651 1037