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Terms of Use

The following terms and conditions apply to the use of this website (‘Terms of Use’). By accessing or using this website, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must refrain from using the website.

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, New Zealand.

Privacy

Where we collect personal information about you as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these Terms of Use must be read together with our Privacy Policy.

Changes

We reserve the right to add to, modify, suspend, or remove this website or any information, specification, or feature incorporated in this website at any time and without notice.

We reserve the right to change 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.

You acknowledge that if you rely on this website or any materials available through this website, you do so solely at your own risk.

No warranties

We endeavour to ensure the accuracy of information available through this website and that the content of this website is free from errors. However, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.

To the maximum extent permitted by law, we provide this website and related information and services without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) with respect to the information provided on this website 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.

The views expressed in any third party material published on this website are not necessarily our views and we expressly disclaim all responsibility for the content of any third party material published on this website.

If you are acquiring information from this website for the purposes of a business, you agree that the guarantees and remedies provided under the Consumer Guarantees Act 1993 shall not apply that information or to the supply of that information.

Limitation of liability

To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website or any information or material appearing on this website, or from any action or decision taken as a result of using this website or any such information or material.

Technical Difficulties

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 use of this website and any associated services may be subject to interruption or delay on occasion. We will not be liable to you should this website or the services supplied through this website become unavailable, interrupted, restricted, or delayed for any reason.

Your responsibilities

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means. Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this website, we do not guarantee that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code. 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.

You agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without our prior written approval in each case.

When registering for a service provided through this website, we may allocate you a username to verify your identity. You must ensure that all identity details you provide are complete and accurate when submitted to us and you must keep your identity details held by us up-to-date. 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.

Copyright

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 the name and logo of Kensington Swan and all trade marks appearing on this website belong to us or our licensors or affiliates.

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

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this website or any outbound hyperlink.

Electronic Communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our privacy policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Feedback and unsolicited submissions

If you give us feedback about this website or our products or services, we may use that feedback for the purpose of improving our website or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation. If you do send us unsolicited ideas:

  1. they will be deemed to be non-confidential; and
  2. we will not be required to provide any acknowledgement of their source. 

Governing Law

This website is controlled and operated by us, from offices within New Zealand. Details contained on this website relating to the products and services have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law.

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.

Terms of Use last updated: December 2011.

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