Terms and Conditions of Use
1. Terms and Conditions of Use
Your use of this Website is subject to these terms and conditions of use and all applicable laws. By using this website you agree to be bound by these terms and conditions of use.
This Website is owned and operated by OurHR Limited a registered company of New Zealand (‘we, us, our’).
2. No legal advice
You confirm that you understand that OurHR.co.nz/OurHR Limited is not a law firm and that you are not receiving any legal advice through this site.
The use of any information or agreement, document, guide or user guide (‘Document’) on this site does not create a lawyer client relationship of any kind between the user of the form and us, or any employee or person associated with us.
The Documents offered are designed to provide a guide for common situations and are not tailored to your specific circumstances. This information is for educational purposes and cannot be construed as legal advice. You acknowledge that the law may be interpreted and applied differently in different situations. You should not rely on this site and associated material without first consulting with an appropriate adviser in relation to your specific situation.
You agree that we are not responsible for any mistake that you make in understanding the site, information on the site, Documents, completing or using a Document, or obtaining or not obtaining appropriate professional advice in respect of a Document or its use.
We may transfer our obligations pursuant to this website and these terms and conditions of use to any person including a related company (as defined under the Companies Act 1993) without notice to you. If we do this, we will not be liable for any act or omission by any transferee arising in relation to these terms and conditions of use after such transfer.
Each term of these terms and conditions of use is separately binding. If for any reason any term or condition cannot be relied on all other terms and conditions of use remain binding.
You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of information or any Document on this website and you expressly agree not to commence any proceeding or action arising from any statement or representation not set out in these terms and conditions of use.
4. Governing Law
Your use of the service is governed by New Zealand law, and these terms and conditions of use are governed by and will be interpreted according to New Zealand law. You expressly submit to the exclusive jurisdiction within New Zealand.
5. Exclusions/Limitation of Liability
We make no warranties or guarantees, except for such guarantees and warranties as cannot be excluded as a matter of law, and all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise are hereby excluded and all liability of OurHR.co.nz/OurHR Limited whether in tort, including negligence, contract or otherwise is expressly excluded to the full extent permitted by law.
The guarantees implied by the Consumer Guarantees Act 1993 and the Fair Trading Act are expressly excluded where the consumer is acquiring goods or services for the purpose of a business. Where you are buying any products or services from us other than for business purposes then these terms and conditions of use shall be interpreted subject to your rights under the any specific statute which protects consumer rights.
The liability of OurHR.co.nz/OurHR Limited arising from any cause whatsoever, including but not limited to any damage, loss, cost, claim or expense arising out of or relating directly or indirectly to:
- Any information, Document, including any agreement, form or user guide purchased via this website; or
- our use of this website; or
- Interruption, delay or impairment in the functioning, operation or availability of our website, exposure to or transmission of any computer virus, internet access difficulties in connection with our website, or malfunction in equipment or software; or
- Your use of or reliance on information contained or accessed through this website; or
- Any breach of your warranties stated in these terms and conditions of use
shall be limited to a refund of the cost of the Document purchased and or the resupply of a Document at the option of OurHR.co.nz/OurHR Limited.
We are not responsible for ensuring that the information that you access or make available through using this website will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to our website or services. This is because the availability or quality of this website may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions.
We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of this website. Further, we assume no responsibility for the corruption of any data or information held by us.
If you provide us with personal information through your use of this website, this information may be retained by us in our database. You have a right under the Privacy Act 1993 to access any personal information held about you or to request us to delete any such information. By accepting these terms and conditions of use you are acknowledging that you have read and accept this.
We will never sell your information to any third party or business.
8. Linked Websites / Newsletters
Where links to any third party websites are provided they are provided for convenience only.
If you make contact with another company/organisation through our website, either directly or indirectly, the client relationship will be directly between you and the other company/organisation. You will be responsible for all costs incurred in obtaining any professional advice. We accept no responsibility for any professional advice you may receive.
Any information contained in our newsletters is provided as a general information service only, and does not constitute advice by the Company supplying the information or by us.If you copy or disseminate our newsletters in any manner you must not remove any reference to the notice of authorship of the newsletter or remove any copyright notices.
You may only create links from this website to external websites where you are entitled to do so and where the creation of the link does not otherwise breach these terms and conditions of use. Also, you may only create links to this website from external websites with our prior written permission.
9. Electronic Communications
Whenever you use this website or send emails to us you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirements that such communications be in writing.
10. Your Use of this Website
You agree to;
- Follow our instructions when you purchase any Document.
- Use any information from our website strictly in accordance with the terms of the Licence to use set out below.
11. Copyright and use of information
All information and Documents on this site, will remain our exclusive property and are protected by copyright and other intellectual property laws.
When you purchase a Document you are granted a limited, non-exclusive licence to use and modify the Document for your personal use, where you, or the business you work for is a party to the intended transaction, or you are a professional advisor or consultant and one of the parties to the intended transaction is your direct client in your advisory capacity. You may obtain advice on or modify a Document with the assistance of professional advisors and it is recommended you do so. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, display, or in any way commercially exploit any of the content of a Document, in whole or in part other than as is expressly permitted.
It is a condition of your license to use any Document that you preserve our copyright notices as far as reasonably possible and at least once on every Document.
12. Sample documents
The purpose of this service is to provide an indication of the possible contents of various types of documents. Each sample document is provided as a standard form document only, as an indication of the possible contents of a document of that type. We make no representation that any document is sufficient for your specific circumstances. We give you no legal advice as to which sample document might be suitable to your specific circumstances nor as to what provisions contained in a sample document might be suitable to your specific circumstances.
13. Purchases and Delivery
By purchasing a Document on this website you specifically acknowledge and agree that:-
- When you purchase any Document from this website these terms and conditions of use constitute the entire contract between us and you and it is expressly agreed that there are no other understandings, representations or warranties of any kind forming part of our contract with you.
- Our website and advertising only constitute an invitation to treat. Ordering Documents constitutes an offer by you to buy in accordance with these terms and conditions of use. Our acceptance occurs and the contract is formed when the Document is delivered to you.
- We do not guarantee that this website is free from errors or faults. We will however make our best efforts to ensure that the information available on this website is accurate. We shall be entitled at any time to correct any errors or omissions and make amendments to or add or remove information or Documents without notice.
- You must satisfy yourself that any Document purchased from us is suitable for the purpose for which you require it and we are under no liability if they are not.
Documents purchased will be delivered by e-mail to the email address notified by you.
We accept no responsibility for problems you may have in making payment through a web page of our payment service provider or in down-loading any Document.
We shall not be liable to you for any delay in the delivery of Documents although we will endeavour to reasonably assist you with any problems you are experiencing.
14. Termination of relationship
We reserve the right to terminate our agreement with you and prevent the further transmission to you, or your use of any information or Documents from our site, if you breach these terms and conditions of use.