1. Definitions and interpretation

In this End User Agreement unless the context otherwise requires: ‍Authorised User means any of: (a) the personnel of the Subscriber’s organisation that the Subscriber has authorised to access and use the Services on its behalf (Personnel); (b) the clients of the Subscriber who the Subscriber has authorised to access and use the Services (Clients); and in each instance, who have completed the relevant Authorised User log-on procedure and provided Consent. ‍Consent means formal consent to be given by you and any Authorised User (in the manner required by Ak's Tech Blogh) prior to accessing or using the Services. ‍Data means any data (including any text or images) inputted by or transmitted by you (or on your behalf) or for which you grant access through the Service, including: (a) any and all data (including personal information) of a Client (Client Data); (b) price, images, stock levels and catalogue data specific to you (Inventory Data); and (c) Catalogue Information, but excludes Subscription Data. ‍End User Agreement means the contract incorporating these T&Cs that is formed: (a) on your acceptance, in writing, of the agreed Services; or (b) upon your access of the Services. ‍Privacy Policy means our privacy policy in place from time to time and contained on our Website. ‍Third Party Supplier means a third party service provider. We, us, our or AK's Tech blog means this website's inventor. ‍Website means www.techblogak.com or techblogak.com or such other site as notified by us from time to time. ‍You means either the Subscriber and as the context permits, includes the Authorised Users, and "your" has a corresponding meaning.

2. Services

2.1 Subject to compliance by you with this End User Agreement: (a) we grant to you and you accept from us, a non-exclusive, non-transferable and non-assignable, non-sub-licensable right in the Territory for you to access and use the Services for your own internal business purposes only (excluding the commercialisation or exploitation of information technology products or services) while you remain a Subscriber and subject to payment of all Fees; and(b) you hereby subscribe for the Services. 2.2 We reserve the right to modify, amend or cease to offer the Services (or any part of them) upon providing you with five (5) days prior notice. 2.3 You warrant that all information supplied by you to Ak's Tech Blog for the purposes of registration on the Website and accessing the Services is true, correct and up to date.

3. ‍Ownership and Intellectual Property Rights

3.1 Ak's Tech Blog holds all rights, including Intellectual Property Rights, required to use, deal in and distribute the Services, and you agree that you will have no claim to ownership of such rights and any new Intellectual Property Rights developed in the course of you using or accessing the Services. 3.2 Subject to this End User Agreement, while you are a Subscriber, Ak's Tech Blog grants to you a license to use the Services for internal business purposes only. For clarity, nothing in this End User Agreement confers on you any right or interest in, or licence or permit to use, any of the Intellectual Property Rights in the Services, Subscription Data or Website or any other Intellectual Property Rights owned by Ak's Tech Blog or any of our third party licensors or suppliers, other than in accordance with the express terms of this End User Agreement. 3.3 You acknowledge and agree that: (a) no obligation, warranty, undertaking or promise made by us in this End User Agreement shall apply in respect of any third party software accessed and used by you (or us for the purposes of fulfilling our obligations under this End User Agreement); and ‍ (b) you shall comply (in all respects) with any restrictions of use in any agreement entered into in respect of any third party software used in connection with (or incorporated into) the Services.

4. ‍Authorised Users

‍4.1 You are responsible for keeping all access information, including email addresses and log-on credentials, secret and secure. Without limiting the foregoing, you agree: (a) not to allow any person other than Authorised Users to access and use the Services; (b) to ensure that Authorised Users do not permit any other person to use their user name or log-on credentials; (c) to ensure that each Authorised User completes the log-on procedure for Authorised Users, provides Consent and is given access to a copy of this Agreement and the Privacy Policy prior to accessing or using the Services; (d) not to disclose, or permit any Authorised User to disclose, log-on credentials or any other information that may allow any person to gain access to and use of the Services; (e) to inform us immediately of any known or suspected unauthorised access to and use of the Services; and (f) you have sole responsibility for setting the administration privileges of each Authorised User and for monitoring whether those privileges are being adhered to.

5. Restrictions on use

‍5.1 The licence granted to you in this End User Agreement may not be sub-licensed, assigned, resold, shared, pledged, rented or transferred, except with the consent in writing of Ak's Tech Blog. 5.2 You must not, and must procure that any Authorised user using the Services must not: ‍ (a) make the Services available to any third party, unless explicitly authorised by this End User Agreement or otherwise by Ak's Tech Blog in writing; ‍ (b) resell or resupply the Services or the output (or any part of the output) of the Services to any person or entity; ‍ (c) reveal, modify, adapt, reproduce or otherwise use the Services (including any software, documentation or data related to the Services) for any purpose not explicitly authorised by this End User Agreement; ‍ (d) extract, disassemble, decompile, reverse engineer, translate, creative derivative works or otherwise seek to reveal the operating logic of any part of the Services; ‍ (e) use the Services to derive the source code, underlying ideas, algorithms, structure or organisation, or store data/output of the Services, or any similar action, in a manner that facilitates the creation or development of an Application Programming Interface (API) or any functionality of Services; ‍ (f) use or permit (whether directly or indirectly) the use of the Services for the purpose of training artificial intelligence technologies to generate text, including technologies that are capable of generating works in the same style as any part of the Services; (g) conduct, facilitate, authorise or permit any text or data mining or web scraping for any purpose in relation to the Services, or information featured in it. This includes using (or permitting, authorising or attempting the use of): (i) any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations; or (ii) any “robot”, “bot”, “spider”, “scraper”, “AI tool” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Services or information featured in it; (h) use or permit (whether directly or indirectly) the use of the Services for any illegal or unethical purpose; or (i) defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services (or any part of them),including, without limitation, any such mechanism (including the Website) used to restrict or control the functionality of the Services (or any part of them). 5.3 You will at all times, including during and after the term of this End User Agreement, keep the content and output of the Services (or any part of them),your access credentials such as login, password and codes, confidential. 5.4 In respect of your access to and use of the Services you will comply with all applicable laws, rules and regulations, together with all guidelines, procedures and policies notified by Ak's Tech Blog from time to time. You must not use the Services:(a) in a way that violates the privacy rights or civil liberties of any person (including in a way that prevents the exercise of them); (b) in a way that attempts to circumvent, or is otherwise inconsistent with your payment obligations in (and anticipated by) this End User Agreement; (c) for any illegal, unlawful or otherwise improper purpose; (d) to analyse or research the Data or Subscription Data in a way that isolates a small group of individuals or any single individual for any purposes; (e) to collect personal information about third parties, including without limitation, e-mail addresses; or (f) in such a way that would ordinarily be considered inconsistent with the reasonable expectation of privacy of an individual any Data relates to. 5.5 You further agree that: (a) you are solely responsible for the Data, the contents of your e-mail messages, attachments and stored files and we reserve the right to remove from our servers any content that may expose us to potential liability (but for the avoidance of doubt a failure by us to do so does not relieve you from responsibility) or potential negative consequences; (b) you may not distribute through the Services any attachments, documents or files that: (i) infringe on any Intellectual Property Rights; (ii) violate any law, statute, ordinance or regulation, including but not limited to any applicable privacy legislation, such as the New Zealand Privacy Act 2020 and the European General Data Protection Regulation; (iii) are defamatory, libellous or obscene; or (iv) contain viruses, trojan horses, worms, time bombs, or similar harmful programming routines; (d) you may not use the Services in a manner that may damage, disable, overburden or impair either the Services or the networks connected to the Services; (e) you may not attempt to gain unauthorised access to the Services, including but without limitation, through hacking or password mining; and (f) you may not use the Services to collect personal information about third parties, including without limitation, e-mail addresses. 5.6 You will not provide us with the personal information of any person, or permit any Authorised User or Client to access or use the Services, unless that person or Authorised User: (a) is over the age of 16; and (b) has completed the relevant log-in process and provided his or her Consent. 5.7 Terminal equipment, communications links and systems compatibility (and all costs associated with such items) are your (or your Authorised Users, as applicable) sole responsibility. We accept no responsibility for any unavailability of, or defects in, the Website or the Services to the extent such unavailability or defects arise out of or in connection with terminal equipment, communications links or systems compatibility, or your (or your Authorised Users’) failure to make payment of the costs for such items. 5.8 We may at our discretion use technology (including digital rights management protocols) or other means to protect the Services, protect its customers, or to prevent you from breaching this Agreement. 5.9 You may not access or use the Services if you are a competitor of Ak's Tech Blog, except with our prior written consent. You may not access or use the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

‍6. Third party websites and material

‍6.1 The Website and the Services may contain links to other websites or resources which Ak's Tech Blog does not have control (External Websites). Such links do not constitute an endorsement by Ak's Tech Blog of those External Websites. You acknowledge that Ak's Tech Blog is providing these links to you as a convenience, and you further agree that Ak's Tech Blog is not responsible for the content of any External Websites. Your (and your Authorised Users’) use of the External Websites is entirely at your own risk and is subject to the terms and conditions of use and privacy policies located on the External Websites.

7. Privacy

7.1 We collect and process your personal information and personal information of your Authorised Users when you (or your Authorised Users, as applicable) access or use the Service. In order to provide you with the Services (and improve on them), we may also collect certain information about the performance of the Services and your (and your Authorised Users’) use of the Services. 7.2 Our access to and use of all such personal information is governed by our Privacy Policy. However, you acknowledge that information transmitted over the internet is inherently insecure. 7.3 Without limiting your obligations under clause 7.4, by agreeing to this End User Agreement, you also agree to the way we handle your (and your Authorised Users’) personal information under our Privacy Policy. 7.4 You shall not (and you shall ensure that no Authorised User) accesses or uses the Services without providing Consent. 7.5 You must comply with all privacy laws (including the NZ Privacy Act 2020and, to the extent applicable, the European Union General Data Protection Regulation) in connection with your collection and use of any personal information of any person. 7.6 You shall not (and shall ensure that none of your Personnel) supply to us, or otherwise use any personal information of a person who is 16 years or under and who resides in the European Union (including the United Kingdom), unless you have obtained express consent to such supply or use from the relevant data subject’s parent or guardian.

8. Data

8.1 You acknowledge that we are not responsible for, and have no liability in respect of, the Data or how you use the Services. The Services allow (but do not require) you to provide us with third party data. We acknowledge and agree that a condition of you providing the third party data available to us is that such data is provided on an ‘as-is’, no liability basis. We are responsible for independently assessing the accuracy of the third party data and you are not liable for any losses suffered by us as a result of reliance on that third party data. 8.2 Subject to clauses 8.3 and 8.4, title and associated Intellectual Property Rights in the Data (including any material in which a third party owns Intellectual Property Rights in any logos, trade marks or copyright material) remain your (or, as applicable, the relevant Authorised User’s or third party’s) property. 8.3 You grant a non-exclusive, royalty free, perpetual, world-wide and irrevocable licence to us in respect of all Data other than the Inventory Data to use, distribute, sublicence, communicate, copy, adapt, translate, reproduce or modify the Data for any purpose (including to provide the Services) provided that, in connection with any Catalogue Information, we will comply with our “Catalogue Information Policy” available here . You grant a non-exclusive royalty free world-wide and irrevocable licence to us to use, distribute, sublicence, communicate, copy, adapt, translate, reproduce or modify the Inventory Data solely for the purpose of providing the Services to you. 8.4 You grant to us a non-exclusive, royalty free, perpetual, world-wide and irrevocable license permitting us to copy, anonymize, aggregate, process, distribute, sublicence, communicate and display Data to derive anonymous statistical and usage data, and data about the functionality of the Service, provided such data cannot be used to identify you (Anonymous Data), for the purposes of combining or incorporating such Anonymous Data with or into other similar data and information available, derived or obtained from other clients, licensees, subscribers, users, or otherwise (when so combined or incorporated, referred to as Aggregate Data), so as to permit us to provide services including the copying, publication, distribution, display licensing or sale of Aggregate Data and related or similar other statistics or data to third parties(and to you should you elect to subscribe for same) pursuant to a separate licensing or services arrangement or agreement. We will be the owners of all right, title and interest in and to the Aggregate Data. 8.5 By providing Data to Ak's Tech Blog, you acknowledge that you allow Ak's Tech Blog to utilise it to improve the user experience, create derivative data (such derivative data and associated Intellectual Property Rights to be exclusively owned by Ak's Tech Blog) and improve the Services for the benefit of you and other Ak's Tech Blog users. In particular, Ak's Tech Blog may treat the format and structure of any data submitted to Ak's Tech Blog by you via the Services as non-confidential and non-proprietary and may incorporate, use, publish and exploit information in the Data, Anonymous Data or Aggregate Data in any format or structure (similar or otherwise) for any purpose (commercial or otherwise), including without limitation for the benefit of Ak's Tech Blog or other Ak's Tech Blog users, without compensation or accounting to you and without further recourse by you. 8.6 You warrant and represent to us that:(a) you have all rights and licenses necessary or desirable to allow Ak's Tech Blog to use the material and Data referred to in clauses 8.3 and 8.4, and inputting or transmitting the material and Data in the manner anticipated by this End User Agreement and the Services; and (b) use of the Data by us, you or any Authorised User in connection with the Services will not breach any laws or infringe the Intellectual Property Rights of any person by its use of materials and Data. 8.7 We have in place for our own purposes, policies and procedures to prevent data loss (and recovery) but do not make any guarantee around loss of any Data. Where we agree to store your Data subsequent to the termination of this End User Agreement we do so on a no-obligation and no-liability basis. 8.8 We acknowledge that we must not: (a) manipulate Aggregate Data in a way that generates personal information; or (b) enable the reverse engineering of Aggregate Data to identify any personal information.

9. ‍Third party information and services

‍9.1 You acknowledge that using the Service is dependent on cooperation from third parties (including Third Party Suppliers), and that we are not responsible (or liable in any way whatsoever) for:(a) the acts or omissions of any such third parties; or(b) the accuracy or inaccuracy of any information or data provided by any such third party (including where such information has been inputted into the Services (or made available via the Services) by us). 9.2 You acknowledge that we are simply facilitating your ability to transact with Third Party Suppliers.

10. Term

‍10.1 This End User Agreement shall be in effect from the first time you access the Services, and shall remain in effect until terminated in accordance with this End User Agreement.

11. ‍Termination and suspension

‍11.1 Without limiting any other right or remedy available to Ak's Tech Blog under this End User Agreement, if you fail to make payment of any amount due under this End User Agreement by the due date for payment, or you are otherwise in breach of any term of this End User Agreement, we may suspend your (and your Authorised Users’) access to the Services until payment (including any interest payable thereon or any subsequent payments missed) is received or the relevant breach has been remedied. 11.2 We may also suspend your access to the Website and the Services at any time:(a) for such time as is necessary to carry out maintenance determined by Ak's Tech Blog to be necessary or desirable;(b) to reduce or prevent interference with the Website or the Services;(c) if required to do so as a result of a direction by any Government, law enforcement or other authority. 11.3 Ak's Tech Blog may terminate this End User Agreement by giving the other at least 30 days’ written notice. 11.4 We may immediately by notice in writing to you, terminate this End User Agreement where:(a) you fail to comply with any term of this End User Agreement, including failure to pay any applicable fees or charges;(b) required by law; or(c) we consider it necessary or desirable to do so to protect our interests or the interests of anyone else. 11.5 Upon termination of this End User Agreement: (a) you must immediately cease (and ensure all Authorised Users immediately cease) to access or use the Services and destroy all access codes or passwords related to the Services and Confidential Information in your possession or under your control; and (b) all of your products and Data, other than Anonymous Data, Aggregate Data or Catalogue Information, shall be deleted from the Services; (c) any termination will be without prejudice to any prior breaches by you (or any of your Authorised Users) of this End User Agreement; and (d) any provision of this End User Agreement intended to survive termination shall survive.

12. Updates and new versions

‍12.1 We may provide updates to or new versions of the Services (or any parts of it) and reserve the right to take down applicable servers hosting the Website and the Software to undertake such updates or install such new versions. You agree to comply with our instructions in relation to any update, new version or maintenance and we will not be held liable for any upgrade, update, maintenance or new version of the Services (or any part of them).

13. Warranties

‍13.1 We will use our commercially reasonable efforts to ensure that the Services are accessible by you in accordance with this End User Agreement, and that Services have the features described on the Website. 13.2 In the event of any breach of clause 13.1, your sole remedy will be (at our option) the resupply of the non-conforming Services within a commercially reasonable time or a refund of the fee paid by you for the particular non-conforming Services. 13.3 Ak's Tech Blog does not represent that the Services are error-free or will satisfy your requirements. Nor does Ak's Tech Blog provide any warranties in respect of the accuracy, completeness, timeliness or supply of information via the Website. The obligation of Ak's Tech Blog in clause 13.1 is in lieu of all other warranties in respect of the Services. To the maximum extent permitted under applicable law, all other warranties, condition and representations, whether express, implied or verbal, statutory or otherwise, and whether arising under this End User Agreement or otherwise, are excluded (including, without limitation, the implied warranties of merchantability, non-infringement and fitness for a particular purpose). 13.4 Although we try at our best to protect from harmful viruses, we cannot guarantee that the Services will be free from viruses, trojan horses, worms, time bombs, or similar harmful programming routines. 13.5 You agree the Services are acquired for the purposes of a business, and as such, the guarantees provided under the New Zealand Consumer Guarantees Act 1993 do not apply.

14. Confidentiality

‍14.1 Unless otherwise consented in writing by one party to the other, each party will maintain the confidentiality of all Confidential Information of the other obtained pursuant to this End User Agreement. The provisions of clause 14.1 do not apply to any information which: (a) is public knowledge other than breach of this clause 14; (b) is received from a third party who is in lawful receipt of the information and is able to disclose it to the recipient without restriction; (c) is required by law to be disclosed.

15. Disputes

‍15.1 You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to this End User Agreement or the Services (Dispute) unless you have first complied with this section. 15.2 Where any Dispute arises, you (or your representative) and Ak's Tech Blog will negotiate in good faith in an attempt to resolve the Dispute amicably. 15.3 Where the Dispute cannot be resolved by way of good faith negotiations within 14 days (or such longer period agreed by you and us) of negotiations commencing, either you or we can elect to mediate any dispute in terms of the Resolution Institute standard mediation agreement. 15.4 If the Dispute cannot be resolved by way of mediation then either party may initiate arbitration in New Zealand. 15.5 Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive relief before an appropriate court.