Terminology
In these Terms of Use, the terms “we”, “us” and
“our” refer to Kensington Swan, a legal partnership, with offices at 18
Viaduct Harbour, Auckland and 89 The Terrace, Wellington.
Changes
We may update or revise these Terms of Use,
including the Privacy Policy, at any time. Changes to these Terms of Use will take
effect immediately once they are published on this website. You
are responsible for regularly checking these Terms of Use for changes.
If you continue to use this website after we post changes these Terms
of Use, such use indicates your acceptance of such changes.
No
Advice
All information provided on this website is
preliminary and general information only and is provided by us on an
“as is” basis. You agree that such information does not
constitute legal advice or professional advice and does not make any
endorsement or recommendation of any kind including, without
limitation, regarding the value or suitability of any particular course
of action or transaction. Any decision that you make must be based
solely on your own assessment of the suitability of any information for
your requirements. We recommend that you seek legal advice before
relying upon or acting on any information provided on this website.
Disclaimer
To the maximum extent permitted by law, we
disclaim all warranties, representations, and guarantees (whether,
express, implied, or statutory), with respect to the information
provided on this site including, but not limited to, warranties of
availability, accuracy, non-infringement, completeness, timeliness,
currency, merchantability, or fitness for a particular purpose. We do
not warrant that this website will operate in an uninterrupted or
error-free manner or that this website will be free of viruses or other
malformed or malicious code. If you are acquiring information from
this website for the purposes of a business, then the guarantees
and remedies provided under the Consumer Guarantees Act 1993 shall not
apply to the supply of that information.
Limitation
of liability
To the maximum extent permitted by law, we will
not be liable for any loss, damage, cost, or expense, howsoever caused
(including through negligence or breach of statutory duty), which you
may directly or indirectly suffer in connection with your access to,
use of, or reliance upon, the information provided on this website.
Technical
Difficulties
Your use of this website and any associated
services may be subject to interruption or delay on occasion. Due to
the nature of the Internet and electronic communications, we and our
service providers do not make any warranty that the website or any
associated services will be error free, without interruption or delay,
or free from defects in design.
Your
responsibilities
You are responsible for ensuring that the process
that you employ for accessing this website does not expose you to risk
of viruses or other form of interference which may damage your own
computer system. For the avoidance of doubt, we do not accept
responsibility for any interference or damage to your own computer
system which arises in connection with your accessing of this website
or any linked website.
When registering for a service provided through
will this website, we may allocate you a username to verify your
identity. Your username and password are personal to you and you must
at all times maintain the confidentiality of your username and password
and not disclose them to any third party. You agree that you are solely
responsible for any use of the website by any person using your
username and password and you agree to indemnify us against any and all
claims arising out of your failure to maintain the confidentiality of
your username or password.
You acknowledge that all copyright in the content,
material, layout and design of this website is owned by us or licensed
for use by us. Except where you have our prior written permission
in each instance, or where expressly permitted in these Terms of Use,
or where permitted by copyright legislation that applies to you, you
may not in any form or by any means:
use, copy, modify, adapt, store, distribute,
print, display, perform, publish, or redistribute any part of this
website; or
commercialise any information, products or
services obtained from this website.
You may only access, download, view, or print
information contained on this website for your own internal business
purposes.
Trade
Marks
You acknowledge that Kensington Swan, the Kensington
Swan logo, the stylised asterisk device, ComplianceMinder,
BoardWatch, EnviroWatch, Electri-Form, and K
Branz are trade marks that are owned by us. Any other trade marks
that appear on this website are the property of their respective
owners.
If you use any of our trade marks in reference to our
activities, products or services, you must include a statement
attributing that trade mark to us. Except for the foregoing purpose,
you must not use, copy, adapt, or reproduce any of our trade marks:
in or as the whole or part of your own trade marks;
in connection with activities, products or
services which are not ours;
in a manner which may be confusing, misleading, or
deceptive; or
in a manner that disparages us or our information,
products or services (including this website).
Hyperlinks
You may not publish or distribute any hyperlink to
this website without our prior written permission in each
instance. In consideration for any hyperlinking right granted by
us you will undertake to observe any terms and conditions we notify as a
condition of our permission. This website may contain hyperlinks to
third party websites (“external hyperlinks”). External hyperlinks
are provided for your convenience only and may not remain current or be
maintained. We make no endorsement of, and accept no
responsibility for, any content accessible through any external
hyperlink. You are responsible for complying with any terms and
conditions imposed by third party websites.
Security
No data transmission over the Internet can be
guaranteed to be secure. Whilst we endeavour to protect
information within our control, we do not warrant and cannot ensure the
security of any information which you transmit to us.
Accordingly, any information which you transmit to us is transmitted at
your own risk.
Electronic
Communications
You consent to
the usage, provision and acceptance of any information in electronic
form and agree to be bound by any agreement reached by electronic
communications in terms of the Electronic Transactions Act 2002.
Privacy
Any personal information that may be collected on
this website is governed by our Privacy Policy,
which forms part of these Terms of Use.
Governing
Law
These Terms of Use shall be governed and
interpreted by New Zealand law, and you submit to the jurisdiction of
New Zealand courts.
Terms of Use last updated: 21 Feb 2006
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