/ Policies

Website Terms and Conditions

 

Acceptance

These terms and conditions govern your use of our website and our associated products.
By using our website and our products, you accept these terms and conditions in full.
If you disagree with any part of these terms and conditions, you must not use our website or products.

By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in New Zealand.

 

Disclaimer


Although every effort has been made to provide accurate information on this site, we do not make any warranty, express or implied, or assume any legal liability or responsibility for the accuracy or completeness of any information contained in or accessed through this site or your use of this site or any information contained in, or accessed through this site. The content is not intended to be a substitute for commercial judgment or professional advice.

All links and references to other websites not part of this site, are provided for convenience only. Such websites may have different terms and conditions of use and you should review these before using them.

 

Definitions

Any reference to “site”, “website”, “our website”, “product”, “website product” “We”, “Us”, “Our”, or “Ours” are all references to this site.

“You”, “Your”, “the User”, “Client”, “End User”, all refer to you, the user of the site.

 

Cookies

Our website use cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy policy / cookies policy].

 

Copyright

The content is protected by copyright and other intellectual property rights and must not be copied or reproduced without prior written consent from the owners of this site.

 

Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

 

Limited Warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

Business and Data Losses

We will not be liable to you, or any other person, in respect of any losses arising out of any event or events that should arise from your/ their use of our website, our associated products or any third party products linked to our website or used by our website.

We will not be liable to you, or any associated party, in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you, or any associated person, in respect of any loss or corruption of any data, database or software, loss of data by way of storage by us,  or any third party storage or Cloud based storage service.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

We may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website.

 

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with New Zealand law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New Zealand. 

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, then that part is deemed to be deleted, and the rest of the provision will continue in effect.

 

Exclusion of Third Party Rights

These terms and conditions are for the benefit of you, the user, and the website owner, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

 

Entire agreement

These terms and conditions, together with our Privacy, Cookies and Website Linking Policy’s constitute the entire agreement between you, the user, and the owners of this website.

 

Privacy & Cookies Policies

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

 

Collection of Information

We may collect, store and use the following kinds of personal information:

(a)       Information about your computer and about your visits to and use of this website including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation.

(b)      Information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services.

(c)       Information that you provide to us for the purpose of registering with us.

(d)      Information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters.

(e)       Any other information that you choose to send to us.

 

Using your Personal Information

Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

(a)       Administer the website

(b)      Improve your browsing experience by personalising the website;

(c)       Enable your use of the services available on the website;

(d)      Send to you goods purchased via the website, and supply to you services purchased via the website;

(e)       Send statements and invoices to you, and collect payments from you;

(f)       Send you general (non-marketing) commercial communications;

(g)       Send you email notifications, which you have specifically requested;

(h)      Send to you [our newsletter and other] marketing communications relating to our business which we think may be of interest to you email or similar technology (you can inform us at any time if you no longer require marketing communications)

(i)        Provide third parties with statistical information about our users – but this information will not be used to identify any individual user;

(j)        Deal with enquiries and complaints made by or about you relating to the website.

 

Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with our own requirements.

 

Disclosures

We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors, insofar as reasonably necessary.

In addition, we may disclose your personal information:

(a)       To the extent that we are required to do so by law.

(b)      In connection with any legal proceedings or prospective legal proceedings.

(c)       In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

(d)      To the purchaser of any business or asset which we are (or are contemplating) selling.

 

International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate. You expressly agree to such transfers of personal information.

 

Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Data transmission over the Internet is inherently insecure. We cannot guarantee the security of data sent over the Internet.

 

User and Passwords

You are responsible for keeping your password and user details confidential.

 

Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website.

 

Third party websites

The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

We do not accept responsibility for faults, vulnerabilities, losses, virus or any other malfunctions that may occur when linking to third party sites or software.

 

Cookies

Our website uses cookies.  By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We [may] use [both] [“session” cookies] [and “persistent” cookies] on the website.  [We will use the session cookies to: keep track of you whilst you navigate the website; and [other uses].]  [We will use the persistent cookies to: enable our website to recognise you when you visit; and [other uses].]

Session cookies will be deleted from your computer when you close your browser.  Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

We use Google Analytics to analyse the use of this website.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers.  The information generated relating to our website is used to create reports about the use of the website. Google will store this information.  Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

 

Website Linking Policy

 

Status of linking policy

We welcome links to this website provided they are made in accordance with the terms of this linking policy.

This linking policy is intended to assist you when linking to this website.
By using this website you agree to be bound by the terms and conditions of this linking policy.

 

Links to this website

Links pointing to this website should not be misleading.

Appropriate link text should be always be used.

You must not use our logo to link to this website, or otherwise, without our express written permission.

You must not link to this website using any inline linking technique.

You must not frame the content of this website or use any similar technology in relation to the content of this website.

 

Links from this website

This website includes links to other websites owned and operated by third parties.  These links are not endorsements or recommendations.

 

We have no control over the contents of third party websites. We accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

Removal of Links

You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.

 

Changes to this Linking Policy

We reserve the right to amend this linking policy at any time by publishing a new version on this website.