Terms of use.

 

1 APPLICATION OF TERMS

1.1 These terms apply to your use of the website www.debradorrington.co.nz and any information that is on it, including the templates.  By accessing and using these you agree to the terms.  If your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these terms on that person’s behalf and that the person is bound by these terms.

1.2 If you do not agree to these terms, stop accessing the website and the information.  Please do email me at debra@debradorrington.co.nz and tell me what it is about that terms that you do not agree with.

2 CHANGES

2.1 I may change these terms at any time by updating them on the website.  Unless stated otherwise, changes will take effect immediately they are published.  It is your job to make sure you are familiar with the latest terms.  If you keep accessing and using the website, you will have agreed to be bound by the changed terms.

2.2 I may change, suspend, discontinue, or restrict access to, the website without notice or liability.

2.3 These terms were last updated on 14 June 2021

3 DEFINITIONS

In these terms:

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Underlying System means any network, system, software, data, or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

I means Debra Dorrington

You means you or, if appropriate, both you and the other person on whose behalf you are acting.

4 YOUR OBLIGATIONS

4.1 You must provide (and maintain) true, current, and complete information in your dealings with me.

4.2 If you are given a user ID, you must keep your user ID secure and:

a) not permit any other person to use your user ID, including not disclosing or providing it to any other person; and

b) immediately notify me if you become aware of any disclosure or unauthorised use of your user ID, by sending an email to debra@debradorrington.co.nz.

4.3 You must:

a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the website or any underlying system, or otherwise attempt to damage or interfere with the website or any underlying system; and

b) unless with my written agreement, access the website via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.4 You must obtain my written permission to establish a link to my website.  If you would like to do this, email me at debra@debradorrington.co.nz.

4.5 You indemnify me against all Loss I may suffer or incur as a direct or indirect result of your failure to comply with these terms, including any failure of a person who accesses and uses the website by using your user ID.

5 USE OF TEMPLATES 

5.1 There is no charge for using any of my templates if you comply with these terms. If you require a  word copy of the template please email me at debra@debradorrington.co.nz

5.2 You must use the templates or any documents derived from the templates solely for lawful purposes.

5.3 You must retain the copyright acknowledgement in the template if it is not modified.

5.4 You must remove any proprietary notices from a template if you modify it, whether you are a  legal services provider or not.

5.5 If you are not a legal services provider, you can use the template or the document you derive from it for your own internal business purposes, including providing it to a legal services provider of your choice to:

a) obtain legal advice relating to the template or derived document; or

b) modify the template for your use in accordance with these terms.

When you do this, you must tell your legal services provider that you got the template from me and give them with a copy of these terms.

5.6 If you are a legal services provider, and you want to use the templates or any derived documents as part of the provision of legal advice, or for the internal business purposes of your clients (including for documenting transactions between those clients and third parties), you may view, copy, modify or adapt a template, and make derived documents available to third parties subject to your compliance with these terms.  Remember you must remove all proprietary notices if you modify the templates.

5.7 Whether you are a legal service provider or not, you must not:

a) sell, sublicense, or otherwise deal in or commercialise the templates or any document derived from them or their use, except as expressly permitted by these terms;

b) without written approval from me, publish any of the templates or any document derived from them, or make any of them available for download on any website, software application or similar service; or

c) provide any templates or derived documents to any person to do any of the things prohibited in subparagraphs a or b.

6 CONDITION OF AVAILABILITY AND USE

6.1 Each template is provided for guidance purposes only and is not intended to replace  professional advice.

6.2 When I make the templates available to you:

a) I am not providing you, or any person to whom you provide the template, with legal services (or other regulated services); and

b) I am not your lawyer, and you are not my client, unless separately agreed in writing.

7 INTELLECTUAL PROPERTY

7.1 I (and my licensors) own all proprietary and intellectual property rights in the website (including all information, templates, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the underlying systems.

8 DISCLAIMERS

8.1 To the extent permitted by law, neither I nor my licensors have any liability or responsibility to you or any other person for any Loss in connection with:

a) the website being unavailable (in whole or in part) or performing slowly;

b) any error in, or omission from, any information made available through the website;

c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the website.  (You are responsible for ensuring the process by which you access and use the website protects you from this); and

d) any site linked from the website.  (Any link to another site does not imply any endorsement, approval, or recommendation of, or responsibility for, that site or its contents, operations, products, or operators).

8.2 I make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

9 LIABILITY

9.1 To the maximum extent permitted by law:

a) you access and use the website at your own risk; and

b) I am not liable or responsible to you or any other person for any Loss under or in connection with these terms, the website, or your access and use of (or inability to access or use) the website.  This exclusion applies regardless of whether I have any liability or responsibility in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

9.2 Except to the extent permitted by law, nothing in these terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent my liability cannot be excluded but can be limited, my liability is limited to NZD1000.

9.3 To the maximum extent permitted by law, and only to the extent set out the previous sub-clauses do not apply, my total liability to you under or in connection with these terms, or in connection with the website, or your access and use of (or inability to access or use) the website, is limited to NZD1000.

10 PRIVACY POLICY

10.1 You are not required to provide personal information to me, although in some cases if you choose not to do so then I will be unable to make certain sections of the website available to you.  For example, I may need to have your contact information to provide you with updates from the website or newsletters. 

10.2 When you provide personal information to me, I will comply with the New Zealand Privacy Act 2020.

10.3 The personal information you provide me is collected and may be used for communicating with you, statistical analysis, the marketing by me of products and services to you, and research and development.

10.4 I may also collect technical information whenever you log onto, or visit the public version of, the website.  This may include information about the way users arrive at, browse through, and interact with the information provided.  I may collect this type of technical information using cookies and other means.  Cookies are alphanumeric identifiers that are transferred to your computer’s hard drive to enable our systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the website.  I may use the technical information collected to have a better understanding of the way people use this website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.  I may also use this information to assist in making any advertising displayed on the website more personalised and applicable to your interests.

10.5 Generally, I do not disclose personal information to third parties for them to use for their own purposes.  However, some of the circumstances in which I may do this are:

a) to service providers and other persons working with me to make the website available or improve or develop its functionality (e.g.  a third-party supplier to host the Website);

b) in relation to the proposed purchase or acquisition of our business or assets; or

c) where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

10.6 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand.  This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

10.7 You have the right to request access to and correction of any of the personal information we hold about you.  If you would like to exercise these rights, please email me at debra@debradorrington.co.nz

11 LEGAL ADVICE

11.1 Nothing provided on this website or within the documents provided on the website amounts to legal advice or legal opinion.

11.2 We each recognise that my views opinions and advice in matters to which this website relates are supported and influenced by years of experience as a practicing lawyer.  However, that makes no difference to the fact that legal advice is not being provided by virtue of the website or the information on it. The only circumstances where I can be said to have provided legal advice in relation to any topic to which this website relates (whether directly or indirectly) is if you and I have first signed a written letter of engagement specifically confirming that I have agreed to do so.

12 SUSPENSION AND TERMINATION

12.1 Without prejudice to any other right or remedy available to me, if I consider that you have breached these terms or if I consider it appropriate for some other reason, I may immediately suspend or terminate your access to the website (or to any part of it).  I do not need to give you notice first.

13 GENERAL

13.1 If I need to contact you, I may do so by email or by posting a general notice on the website.  You agree that this satisfies all legal requirements in relation to written communications.

13.2 These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of New Zealand.  We each submit to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these terms or the website.

13.3 Any waiver of a right under these terms must be in writing.

13.4 Clauses which, by their nature, are intended to survive termination of these terms, continue in force.

13.5 If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms.  The remainder of these terms will be binding on you.

13.6 These terms set out everything agreed between us relating to your use of the website and supersede and cancel anything discussed, exchanged, or agreed prior to you agreeing to these terms.  You have not relied on any representation, warranty or agreement relating to the website that is not expressly set out in the terms, and no such representation, warranty or agreement has any effect from the date you agreed to these terms.