Terms and conditions
1. Introduction
https://www.walthamcottage.org.nz/(“the Site”) is owned and operated by Waltham Cottage, registered in New Zealand.
2. Definitions
Terms and Conditions (“Terms”), “us”, “we” and “our” refer to the Company and references to “you” or “your” is to you, the end user.
The Site is a website to obtain information about services provided by Waltham Cottage.
3.Communication
All notices, enquiries, complaints can be communicated to the Company at tewhare@walthamcottage.com
4. Agreement
4.1 By using the Site you agree to be bound by the Conditions. If you do not agree with these Conditions, you must stop using this site and leave it immediately.
4.2 We may change, update or amend these Conditions at our absolute discretion without notice.
4.3 You acknowledge and agree to be bound by the Privacy Policy and any other terms and conditions on the Site.
5. Availability
5.1 By using this Site you agree that we accept no responsibility for this Site or any of its Services being unavailable, and we make no warranties or guarantees, implied or express, as to the ongoing availability of the Site or any of its Services.
5.2 You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access this Site or parts of it.
5.3 We may change, update or otherwise amend the Site at our absolute discretion and without notice.
6. Content and Publication
6.1 In respect of any content that you upload to the Site or submit to us, you warrant that it is:
· (a) to the best of your knowledge, accurate;
· (b) compliant with these Conditions;
· (c) free of any computer virus or malicious code;
· (d) not false, defamatory, misleading or otherwise deceptive in any way; or
· (e) not uploaded in breach of the intellectual property rights of any third party.
6.2 You agree that you are liable for and indemnify us against any and all liability, loss, costs and expenses arising from or incurred in connection with your breach of any warranty in these Conditions.
6.3 We reserve the right, at our absolute discretion; to remove, amend, edit any post on the Site.
7. Intellectual Property
7.1 All content on the Site is the copyright of the Company. Without the express written permission of the Company, you shall not:
· (a) replicate all or part of the site in anyway; or
· (b) incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.
7.2 You agree that by using the site you will not copy the Site or the Services that it provides for your own commercial purposes. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.
8. Third Party Websites and Advertising
8.1 The Site may contain information & advertising from third-party businesses, people & websites (“Third-Parties”). You consent to receiving this information as part of your use of the Site.
8.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
9. Limitation of Liability and Indemnity
9.1 You agree that you use the Site at your own risk.
9.2 You acknowledge that we are not responsible for the conduct or activities of any User of the Site.
9.3 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of, or conduct in connection with, the Site, including but not limited to any breach by you of the Conditions.
9.4 Under no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.
9.5 Certain rights and remedies may be available to you under the Competition and Consumer Act 2010, or similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified.
10.Privacy
10.1 You acknowledge and accept the terms and conditions of the Site’s Privacy Policy.
10.2 You agree that you will not do anything that shall compromise the Company’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Site is concerned.
10.3 We may amend the Privacy Policy from time-to-time.
11. Complaints and Disputes
11.1 If you have a complaint about content on the Site you should report it to us immediately.
We may or may not investigate your complaint, depending on its nature.
12. Accuracy of Service Information
12.1 You agree and acknowledge that there may be technical or administrative errors in the information on the Site, including but not limited to errors with respect to services description.
12.2 We reserve the right to correct any errors without any notice.
12.3 If there is an error in any information that forms part of an offer from us to you, any agreement arising from your acceptance of that offer will be void at our absolute discretion.
13. Service Liability
13.1 Under no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your use of, or inability to use services provided by the Company, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.
14. General
14.1 You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in these Conditions.
14.2 The relationship between us and you under any agreement arising from these Conditions does not form a joint venture or partnership.
14.3 No relationship clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
14.4 Any agreement arising under these Conditions will be governed by the laws of the state set out in the definition of Company. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction there.
14.5 Any clause of these Conditions, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Conditions.
14.6 The termination of any agreement arising from these Conditions does not affect the parties’ rights in respect of periods before the termination of this agreement.