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Terms and conditions of use of site


AGREEMENT


Between: The User


And: The Holmes Family Trust ("the owner"), and/or Ross Holmes Lawyers L,P. and/or the other experts named in this Web site.


By accessing this Web site you agree that the terms and conditions in this document apply to your use of the Web site.


Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.


PRIVACY POLICY

Because your privacy is important to us, we operate by these principles:

  • We explicitly ask when we need information that personally identifies you ("Personal Information").
  • The experts use your Personal Information to operate the services provided by them and/or to accept your instructions, and we may occasionally inform you of new features, services, and products.
  • We may carefully select other companies to send you information about their products or services.
  • If you don't want us to do this, you may opt out when you give us your Personal Information or you may email rossholmes@rossholmes.co.nz to request that you not receive such offers.

To make sure that your Personal Information for the subscription and email alert features is correct and current, you may review and update this information at any time.


If at any time you believe that we or any Expert have not adhered to these principles, please notify us by email to rossholmes@rossholmes.co.nz and we will use all commercially reasonable efforts to promptly determine and correct the problem.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

This Web site is for your personal and non-commercial use.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

COPYRIGHT AND TRADEMARK NOTICES

All trademarks mentioned herein belong to their respective Owner.


Unless identified with the designation "COPY FREE", the contents of this Web site are owned by the Owner. The Owner hereby authorises you to copy documents published by the Owner on the World Wide Web for non-commercial use within your organization only. In consideration of this authorisation, you agree that any copy of these documents you make shall retain all copyright and other proprietary notices contained herein.


You may not otherwise copy or transmit the contents of this Web site either electronically or in hard copies.


You may not alter the content of this Web site in any manner. If you are interested in using the contents of this Web site in any manner except as described above, please contact our webmaster rossholmes@rossholmes.co.nz for information on licensing.


Individual documents published by the Owner on the World Wide Web may contain other proprietary notices and copyright information specific to that individual document. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or other property right of the Owner or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any copyright or other property right of the Owner or any third party. Note that any product, process, or technology in this document may be the subject of other intellectual property rights reserved by the Owner and may not be licensed here under.

COMMISSIONS, REFERRAL FEES OR OTHER INCOME PAYABLE TO THE OWNER BY EXPERTS

Because your privacy is important to us, we operate by these principles:


The Owner advise (as required by the Secret Commissions Act 1910 (New Zealand) that commissions, referral fees or other income may be payable to the owner (or associated parties) by experts to whom you are referred from this Web site. By requesting a referral you consent to the referral, and to the owner (or associated parties) receiving such income.

USE OF INFORMATION

The information, software, products, and services published on this Web site may include inaccuracies or typographical errors.


The Owner make no representations about the suitability of the information, software, products, and services contained on this Web site for any purpose.


The information contained on the Web site is for general information only.


While we make every effort to ensure that the content of this Web site is up to date and error-free, we do not give any guarantee as to the accuracy, completeness, or fitness for any purpose of the content.


You should always obtain professional advice relevant to your circumstances. The content of this Web site is not intended to be a substitute for professional advice.

LIABILITY DISCLAIMER

All information, software, products, and services provided on this Web site are provided "as is" without warranty of any kind. The Owner hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.


In no event shall the Owner be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Web site or with the delay or inability to use this Web site, or for any information, software, products, and services obtained through this Web site, or otherwise arising out of the use of this Web site, whether based on contract, tort, strict liability or otherwise, even if the Owner has been advised of the possibility of damages.


Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. To the extent that they are found liable for any loss or damage whatsoever in connection with the use of the information such liability is to be limited to the cost of the information provided.


Although we intend to take reasonable steps to prevent the introduction of viruses or other destructive materials to our Web site or our emails to you, we do not guarantee that our emails or materials that may be available from our web site do not contain such destructive features.


We are not liable for any damages or harm attributable to such features.

CONSUMER GUARANTEES

The disclaimers and limitations of liability set out in these terms of use do not apply to your rights (if any) under the Consumer Guarantees Act 1993, nor are they intended to exclude liability arising under statute if, and to the extent that, such liability cannot lawfully be excluded.


The Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers and/or the named Experts and/or its respective suppliers do not authorise the use of information contained in this Web site for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

SUBSCRIPTION BASED CONTENT

Some contents and/or services on this Web Web site may be offered to you conditioned on your payment of subscription fees.


If you elect to purchase subscription based content/services and transmit to us a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur.


You may cancel your subscription through the Subscription Services feature of this Web site, and you will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid).


Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers.


Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorised use.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Web site, you warrant to the Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers and/or the named Experts and/or its respective suppliers that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD PARTY Web sites

This Web site may contain hyperlinks to Web sites operated by parties other than the Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers.


Such hyperlinks are provided for your reference only.


The Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers do not control such Web sites, and are not responsible for their contents.


The inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

SERVICE CONTACT

Contact rossholmes@rossholmes.co.nz with questions or problems with this Web site.

MODIFICATION OF WEB SITE AND THESE TERMS AND CONDITIONS

The Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers reserve the right to change the terms, conditions, and notices under which this Web site is offered.


The Owner may make improvements and/or changes in this Web site at any time.

Your continued use of the Web site amounts to your acceptance of the modifications.

If you do not wish to accept the modifications, you must not access the Web site.

GENERAL

This agreement is governed by the laws of New Zealand.


You hereby consent to the exclusive jurisdiction and venue of courts in Auckland, New Zealand in all disputes arising out of or relating to the use of this Web site.


Use of this Web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.


You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers and/or the named Experts and/or its respective suppliers as a result of this agreement or use of this Web site.


The Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers and/or the named Experts and/or its respective suppliersperformance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers and/or the named Experts and/or its respective suppliersright to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by the Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers and/or the named Experts and/or its respective suppliers with respect to such use.


If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.


This agreement constitutes the entire agreement between the user and the Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers and/or the named Experts with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers and/or the named Experts with respect to this Web site.


A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.


Any rights not expressly granted herein are reserved.

USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS

If this Web site contains bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum.


By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters.

Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.


You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by the Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers and/or the named Experts and/or its respective suppliers, and such communications shall not be considered reviewed, screened, or approved by the Owner and/or Ross Holmes Trusts Limited and/or Ross Holmes Lawyers and/or the named Experts and/or its respective suppliers.


the Owner reserve the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings.


the Owner reserve the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

 
 

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