Terms of Use of Our Website

1.Introduction

These Terms of Use (Terms) govern your access to and use of the Foley Douglas website at foleydouglas.co.nz. In these Terms, Foley Douglas (we, us, our) includes our directors, partners, employees and contractors. You/your means any person who accesses or uses the Website.

By accessing or using the Website, you agree to these Terms. If you do not agree, you must not use the Website.

We may update these Terms at any time by posting the updated Terms on the Website. Changes take effect when posted. Your continued use of the Website constitutes acceptance of the updated Terms.

2.No Legal Advice; No Solicitor–Client Relationship

The content on the Website is for general information only. It is not legal advice and should not be relied upon as such.

Your use of the Website, or communicating with us via the Website, does not create a solicitor–client relationship. Do not send confidential or sensitive information to us until we have completed our conflict checks and confirmed in writing that we can act for you.

3.Website Content, Accuracy and Availability

We use reasonable endeavours to ensure Website content is accurate at the time of publication; however, content may not be complete, current or free from error and may change without notice.

The Website is provided on an “as is” and “as available” basis. We do not warrant that access will be uninterrupted, timely, secure or error-free.

4.Intellectual Property and Permitted Use

The Website and all content on it (including text, graphics, logos, trade marks, photographs, video, and software) are owned by us or our licensors and are protected by New Zealand and international intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable licence to view and print the content for your personal, non-commercial use, provided you do not remove any proprietary notices.

You must not (without our prior written consent) copy, adapt, distribute, sell, publish, frame, deep-link, harvest, scrape, mine, or otherwise exploit any part of the Website or its content, except as permitted by the Copyright Act 1994 (e.g., fair dealing).

Our trade marks and branding must not be used without our prior written consent.

5.Third-Party Websites and Tools

The Website may contain links to third-party websites or services. These are provided for convenience only. We do not endorse, and are not responsible for, any third-party content, privacy practices or security.

Linking to the Website must be fair and legal and must not damage or take advantage of our reputation or suggest any association or endorsement. We may withdraw linking permission at any time.

6.Acceptable Use

You must not use the Website:

(a)For any unlawful, infringing, defamatory, offensive, misleading or deceptive purpose;

(b)To upload or transmit any viruses, malware or other harmful code;

(c)To interfere with, circumvent, probe or test the security or availability of the website or related systems;

(d)To harvest information, send unsolicited messages, or engage in scraping, mining, indexing or automated data collection;

(e)In any manner that infringes any person’s intellectual property or privacy rights; or

(f)To advertise or offer to sell goods or services to us or other users.

We may, at any time and without notice, suspend or terminate your access to all or any part of the Website if we consider you have breached these Terms or applicable law.

7.Your Material (User Content)

You are solely responsible for all content and materials you submit or upload to the Website, including emails and form submissions (Your Material).

You must ensure that Your Material is:

(a)Accurate, complete and lawful;

(b)Does not infringe any intellectual property or other rights of any person;

(c)Is not defamatory, offensive, unreliable or misleading; and

(d)Free of viruses, malware and other harmful code.

You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce and display Your Material for the purposes of operating, improving and promoting the Website and our services.

You warrant that you have all rights necessary to grant the licence above, and that Your Material complies with these Terms. You indemnify us against all loss, cost, damage and expense arising from any claim that Your Material breaches these Terms or any law.

We may remove or disable access to Your Material and/or the Website if we consider Your Material exposes us to risk or is otherwise inappropriate. You must provide reasonable assistance in connection with any complaint, claim or investigation.

8.Privacy, Cookies and Electronic Communications

Our collection, use and disclosure of personal information via the Website is governed by the Privacy Act 2020 and our Privacy Policy, which forms part of these Terms. By using the Website, you acknowledge our Privacy Policy.

Where you voluntarily provide personal information (for example, via enquiry forms), we will use it for the purpose for which it was provided and to communicate with you.

We may use cookies, analytics and similar technologies to operate and improve the Website. You can adjust your browser settings to refuse cookies, but this may affect Website functionality.

We may send you service-related communications. We will only send you marketing communications in accordance with the Unsolicited Electronic Messages Act 2007, and you may opt out at any time by using the unsubscribe facility or contacting us.

9.Security

Transmission of information over the internet is not completely secure. We do not guarantee the security of information transmitted to or from the Website. You are responsible for maintaining appropriate security on your devices and systems.

10.Disclaimers and Liability

To the maximum extent permitted by law, we exclude all warranties, representations and guarantees, whether express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in these Terms limits rights and remedies that cannot be excluded at law, including under the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA).

If you acquire services from us or use the Website for business purposes, you agree that the CGA does not apply to such acquisition or use.

To the maximum extent permitted by law, we are not liable for:

(a)Any loss or damage arising from your use of, or inability to use, the Website or its content;

(b)Errors, omissions, interruptions, system unavailability or security incidents; or

(c)Any loss of profits, revenue, savings, data, goodwill or any incidental, indirect, special or consequential loss.

If we are liable to you for any reason, our aggregate liability to you in connection with the Website and these Terms is limited to NZD $100.00. This limitation does not apply to liability that cannot be limited at law.

11.Termination and Suspension

We may suspend, restrict or terminate your access to the Website at any time without notice, including for any breach of these Terms. On termination, clauses intended to survive (including 4, 7.3, 8, 9, 10, 12 and 13) remain in force.

12.Governing Law and Jurisdiction

These Terms are governed by the laws of New Zealand.

You submit to the exclusive jurisdiction of the New Zealand courts in relation to all disputes arising in connection with the Website and these Terms.

13.General

Severability: If any part of these Terms is illegal, invalid or unenforceable, the remaining parts remain in full force.

No waiver: A failure or delay to exercise a right under these Terms is not a waiver of that right.

Assignment: You must not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.

Entire agreement: These Terms (together with our Privacy Policy) are the entire agreement between you and us regarding the Website and supersede any prior terms relating to the Website.

Contact: Foley Douglas Limited
Email: [email protected]
Address: 2/286 Victoria Street, Hamilton, New Zealand.
Website: www.foleydouglas.co.nz