Terms of Use

Harkness Henry Privacy Policy and Website Terms of Use

By accessing this website, you agree to be bound by the following terms of use.  If you do not accept the terms, you must leave this website immediately.

Privacy Policy Including Consumer Data Policy

We are committed to protecting your privacy.  Any information we receive about you will be treated as strictly confidential.  Personal information we collect via this website is only used for the purposes for which it is collected.  We will not use or disclose any personal information for any other purpose without your consent.  An exception to this is where we may be required by law to disclose certain information.

The internet is not a secure environment.  If you send us any information, including your email address, it is sent at your own risk.  

We may collect general information about site use, traffic patterns, demand for services or information and related site information.  The information collection may include the IP address of your machine connected to the internet and the domain name from which you are accessing the internet, the operating system and the browser your computer uses and any search engine you are using.  

If you believe that any information that we hold about you is inaccurate or out of date, please contact us at harkness@harkness.co.nz and we will take reasonable steps to ensure it is corrected.

Our Service

Our website is not designed to provide you with specific advice about how the law could or should apply to you or your organisation.  To obtain this type of advice you will need to contact us directly or consult with your own solicitors.

Risk

The information and documents on this site are provided by us as general guidance and are based on the laws in force at the time of preparation of the relevant information or document. They are not intended as a substitute for legal advice. Legal advice may vary depending on the circumstances of your situation.

The information and documents on this website are provided "as is" and "as available" and without warranties of any kind, either express or implied that the website or the server that makes it available are free of viruses or other harmful components or the information available on the website is correct, accurate, sufficient, reliable, or otherwise. We will not be liable for reliance on any such information nor will we be liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or the inability to use, the information available on this website.

Where there are links to third-party sites which are not under our control, those links are provided as a convenience. We do not necessarily endorse those links and accept no responsibility for the content on those links.

You agree that we have no liability to you and that we accept no responsibility for any actions (or any inaction) you may take (or decide not to take) in reliance on the general information provided on the website.  

The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded.  Other than as expressly provided for in these terms of use, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under the law of tort (including negligence), contract, equity, breach of statutory duty or otherwise.

Any guarantees contained in the Consumer Guarantees Act 1993 which do apply are excluded where you use our website for the purposes of a business in terms of sections 2 and 43 of that Act.  

You indemnify us against all damage we suffer as a result of your use of the website or your breach of these terms of use including legal costs we incur (on a solicitor/client basis).

Interfering With The Website

You must not interfere or attempt to interfere with the website or any network or system (whether software or hardware) forming part of the website or connected to it.

Intellectual Property Ownership

We own all copyright and other intellectual property rights in this website.  All rights are reserved.  You may download and temporarily store one or more of these pages for the sole purpose of viewing on a personal computer or monitor.  Otherwise you must not copy, display, modify, reproduce, store in a retrieval system, transmit (in any form or by any means), distribute, use for creating derivative works or use in any other way for commercial or public purposes any part of this website without our prior written consent.

Variation

We may vary any provision of these terms of use at any time and you shall be bound by such variation.

No Waiver

We shall not be deemed to have waived any of our rights under these terms of use if we do not:

  1. Enforce or insist upon the strict observance of any of these terms;
  2. Take action against you for any breach or non-performance of these terms; or
  3. Exercise any election or discretion under these terms.

Partial Invalidity

If any part of these terms becomes legally ineffective, invalid or unenforceable, the remainder of these terms shall remain effective, valid and enforceable and the ineffective, illegal or unenforceable provision shall be severed from these terms.

Jurisdiction

These terms of use are governed by and must be construed in accordance with the current laws of New Zealand and you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand for any disputes or proceedings arising out of or in connection with these terms of use.

To the fullest extent permitted by law, we will not be liable for any failure of this website to comply with the laws of any other country.

Disputes

Any claim or dispute arising under these terms of use shall be determined by arbitration under the Arbitration Act 1996 if the parties are unable to resolve such dispute within one (1) month of the dispute arising.  However, nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand Courts.

Interpretation

The rule of construction known as the contra proferentem rule does not apply to these terms of use.

Words importing the singular include the plural and vice versa.

Headings are for convenience only and do not form part of, or affect the interpretation of, these terms of use.

References to a party include that party's successors, personal representatives, executors, administrators and permitted assignees.

References to a statute include references to:

  1. Regulations, orders, rules or notices made pursuant to that statute;
  2. All amendments to that statute and those regulations, orders, rules or notices, whether by subsequent statute or otherwise; and 
  3. Any statute passed in substitution of that statute.

References to "us" includes our employees, contractors and agents.

Interpretation

In these terms of use:

  1. “damage” means loss or damage of any kind whatsoever including general and special damages, consequential and incidental loss including, without limitation, lost profit, data or business whether suffered or incurred by you or another person and whether in contract, or tort (including negligence), or otherwise and whether such loss or damage arises directly or indirectly;
  2. “intellectual property” means all our intellectual property rights and interests including, without limitation, copyright and all other statutory and common law rights and interests we hold or are entitled to hold in the website, all of the software, trademarks, graphics, layout, icons and other intellectual property forming part of the services we provide, our advertising and the artistic styles, methods of working, techniques, ideas, skills and know-how forming part of the website and the software required to operate the website;
  3. "we", "us" and "our" refers to the partnership of Harkness Henry; and
  4. “website” means the website we own and operate which is available at www.harkness.co.nz.