Terms of Service

Part A: Capacity to Use the Site

To use the Site, an individual must be at least 18 years of age and possess the legal capacity to enter into a binding contract. By using the Site, you represent and warrant that you satisfy these requirements.

Where you use the Site on behalf of an organisation, you represent and warrant that you are duly authorised to bind that organisation to these Terms.

Part B: Nature of the Site

The Site is provided for informational purposes, including to enable visitors to learn about Opinomix and to submit enquiries. Nothing on the Site constitutes an offer of any product, service, or engagement, and submission of an enquiry does not, of itself, create any contractual relationship between you and Opinomix.

Should Opinomix and a visitor proceed to a further engagement (whether a pilot, service agreement, or other arrangement), that engagement will be governed by separate written terms agreed between the parties, which will take precedence over this document for the scope of that engagement.

Part C: Conduct on the Site

In using the Site, you must not:

1. use the Site for any unlawful purpose or in a manner that breaches any applicable law or regulation;
2. attempt to gain unauthorised access to the Site, its underlying systems, or any connected network;
3. interfere with, degrade, or disrupt the operation of the Site;
4. introduce malware, viruses, or other malicious code to the Site;
5. reverse engineer, decompile, or disassemble any component of the Site;
6. harvest or collect personal information relating to other users or visitors without their consent;
7. misrepresent your identity or your affiliation with any person or organisation when using the Site.

Part D: Ownership of Content

All content appearing on the Site (including without limitation text, graphics, logos, design elements, and underlying software) is the property of Opinomix or its licensors and is protected under applicable intellectual property law.

No right is granted to reproduce, distribute, modify, adapt, publicly display, or otherwise exploit any such content without Opinomix’s prior written consent.

Part E: Confidential Information

Where Opinomix discloses non-public information to you (including information about its technology, product roadmap, or business operations) in the course of any correspondence or engagement, that information is confidential. You must not disclose it to any third party without Opinomix’s prior written consent.

Part F: No Warranty

The Site is made available on an “as is” and “as available” basis. To the maximum extent permitted by law, Opinomix disclaims all warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

Opinomix does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

Part G: Limitation of Liability

To the maximum extent permitted by law, Opinomix and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive loss or damage (including loss of profits, data, or goodwill) arising from or connected to your use of the Site.

Where liability cannot be excluded by law, Opinomix’s total aggregate liability arising under these Terms is limited to NZD $100, or the amount (if any) you have paid to Opinomix in the twelve (12) months preceding the event giving rise to the claim, whichever is greater.

Nothing in these Terms excludes or limits any right or remedy you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 to the extent those Acts apply and cannot lawfully be excluded.

Part H: Indemnity

You agree to indemnify and hold harmless Opinomix and its officers, directors, employees, and agents against any claim, liability, loss, or expense (including reasonable legal costs) arising out of your breach of these Terms or your misuse of the Site.

Part I: Suspension and Termination

Opinomix may restrict, suspend, or terminate your access to the Site at any time, with or without cause or notice. Provisions of these Terms which by their nature ought to survive termination (including Parts D, E, F, G, and H) will continue to apply after termination.

Part J: Governing Law

These Terms are governed by, and are to be construed in accordance with, the laws of New Zealand. Any dispute arising out of or relating to these Terms is subject to the exclusive jurisdiction of the courts of New Zealand.

Part K: Amendment

Opinomix may amend these Terms at any time. Material amendments will be indicated by an updated effective date at the head of this document. Continued use of the Site after an amendment takes effect constitutes acceptance of the amended Terms.

Part L: Contact

Questions regarding these Terms should be directed to:

Email: privacy@opinomix.com
Postal Address: 28 Woodridge Drive, Auckland, 0932