Legal Disclaimer

Legal Disclaimer

Search Terms, SEO Keyphrases, and Company Names

Any search terms or SEO keyphrases used on this website that may resemble, reference, or appear similar to actual company names are unintentional. Where any overlap with branding, services, or regions of another company exists, we use such terms solely as descriptive references under Section 8g(1)(b) of the Trade Marks Act 2002. We do not claim to represent, be affiliated with, or endorse any company with a similar name to any search term or SEO keyphrase. We take reasonable steps to ensure compliance with Section 9 of the Fair Trading Act 1986. These terms are used exclusively for search engine optimisation and are not intended to mislead.

Scope and Acceptance

This Legal Disclaimer sets out the limitations of liability for the website and its owners, representatives, editors, publishers, contributors, and associates (“we”, “our”, “us”). By using this website, you unconditionally accept all terms in this disclaimer. If you disagree with any part of this disclaimer, you must not use the website.

Accuracy of Information

General Information Only

Content on this website is for general informational purposes only. We make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, completeness, or availability of any information. We are not liable for any loss, damage, or injury resulting from reliance on any information or materials posted on this website.

No Professional or Legal Advice

Reliance at Your Own Risk

Nothing on this website constitutes legal, financial, medical, or professional advice. All content is provided without any guarantee of fitness for a particular purpose. You must seek independent advice from qualified professionals before acting on any information on this website. We disclaim any responsibility for outcomes resulting from reliance on website content.

User-Generated Content

Responsibility and Removal Rights

We do not pre-screen, endorse, or assume responsibility for user-generated content. Users are solely responsible for the content they submit. We reserve the right, but not the obligation, to remove or edit any content at our sole discretion without notice. We accept no liability for any user-generated content, including its accuracy, legality, or compliance with third-party rights.

Technical Issues and Security

No Guarantee of Functionality

We do not warrant that the website will be uninterrupted, secure, error-free, or free from viruses or harmful code. Access to the website may be suspended temporarily or permanently at any time without notice. You are solely responsible for implementing sufficient safeguards to protect your devices and data from viruses and other harmful elements.

Third-Party Links and Content

Disclaimer of Endorsement and Liability

Links to third-party websites are provided for convenience only. We do not control or endorse, and are not responsible for, any content, products, or services on or available from third-party sites. Accessing any external website linked from this website is at your sole risk. We are not liable for any loss or damage arising from your use of or reliance on any third-party site.

Limitation of Liability

Broad Exclusion of Damages

To the fullest extent permitted by law, the website owners, representatives, editors, publishers, contributors, and associates are not liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages of any kind arising from, or in connection with, your access to, use of, or inability to use this website or its content. This includes, but is not limited to, damages resulting from errors, omissions, inaccuracies, interruptions, loss of data, unauthorised access, or defamatory content.

Liability Cap

If, despite this disclaimer, liability is found to exist on the part of the website owners, representatives, editors, publishers, contributors, or associates, the maximum aggregate liability for any claim is limited to NZD $100 or the minimum permitted by law, whichever is lower.

Force Majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, strikes, labour disputes, interruptions in communications, or utility outages.

Indemnity

Comprehensive Indemnification

You agree to indemnify, defend, and hold harmless the website owners, representatives, editors, publishers, contributors, and associates from and against all claims, demands, actions, proceedings, damages, losses, costs, expenses, and liabilities (including reasonable legal fees and costs) arising from or related to your use of this website, breach of this disclaimer or any applicable law, infringement of any rights of a third party, or any content you submit, post, or transmit via the website.

User Conduct

Prohibited Activities

You must not use this website for any unlawful, fraudulent, harmful, or malicious purpose, or in any manner that could damage, disable, or impair the website or interfere with any other user’s use. We reserve the right to restrict, suspend, or terminate your access at our sole discretion, without notice, for any violation of this disclaimer or applicable law.

No Endorsement

Reference and Linking

References or links to third-party products, services, or websites do not constitute or imply any endorsement or recommendation by us. We make no representations or warranties regarding third-party offerings and disclaim all responsibility for their accuracy, reliability, or legality.

Severability and Waiver

Preservation of Rights

If any provision of this disclaimer is held to be invalid or unenforceable, all other provisions remain in effect. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment

Transfer of Rights

We may assign or transfer our rights and obligations under this disclaimer to any third party at our discretion, including in connection with a merger, acquisition, or sale of assets. Users may not assign or transfer their rights without our prior written consent.

Survival

Continuing Obligations

The provisions relating to limitation of liability, indemnity, governing law, dispute resolution, survival, and any other clauses that by their nature should survive, will remain in effect after termination or expiration of this disclaimer or your use of the website.

Arbitration and Class Action Waiver

Dispute Resolution

All claims, disputes, or controversies arising out of or relating to this disclaimer or your use of the website must first be submitted to confidential arbitration in Wellington, New Zealand, in accordance with the Arbitration Act 1996. Each party is responsible for its own costs unless otherwise awarded by the arbitrator.

Class Action Waiver

You agree to resolve any claim or dispute relating to the website only on an individual basis. You expressly waive any right to bring or participate in a class, collective, or representative action against us.

Notice of Claims

Timely Notification Required

Any claim or cause of action arising from your use of this website must be notified to us in writing within twelve months of the date the claim arises. Failure to provide timely notice will result in waiver of the claim.

Governing Law

Applicable Law and Jurisdiction

This Legal Disclaimer is governed by and construed in accordance with the laws of New Zealand. Any dispute relating to this disclaimer or your use of the website shall be resolved exclusively in the courts of New Zealand, except as otherwise provided for arbitration above.

Entire Agreement

Full Understanding

This Legal Disclaimer, together with any other referenced policies or terms, constitutes the entire agreement between you and us regarding limitation of liability and indemnification for the use of this website. It supersedes any prior or contemporaneous agreements, communications, or understandings, whether written or oral.

Last Updated

This Legal Disclaimer was last updated on 1 January 2024.