Website Terms of Use
1. GENERAL
1.1 By using or otherwise accessing Davenports Law Limited’s (“Davenports Law”) website https://www.davenportslaw.co.nz/ (“Website”), you acknowledge that you have read, understood and accepted these terms and conditions (“Terms”) and agree to be bound by the Terms.
1.2 Any legal services obtained from or provided by Davenports Law (“Services”) will be provided subject to Davenports Law’s Terms of Engagement (“Terms of Engagement”). In the event of any inconsistency between the Terms of Engagement and these Terms, the Terms of Engagement will prevail.
1.3 For the purposes of these Terms, “you” and “your” shall mean the person or entity accessing the Website.
2. USE OF WEBSITE
2.1 If you are under the age of 18, you must only use the Website with parental or caregiver consent, provided that your parent or caregiver is over the age of 18 and has accepted the Terms on your behalf.
2.2 If you do not agree to these Terms, then you are not permitted to use the Website and must cease using it immediately.
2.3 As a condition of your use of the Website, you agree:
(a) Not to disrupt activity online;
(b) To ensure that the Website is not used for any illegal activity or which may expose Davenports Law to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;
(c) Not to use anybody else's computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
(d) Not to post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;
(e) Not to run network scanning software or use open relay to distribute messages; and
(f) Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, Davenports Law’s or anyone else's computer system or communications services.
3. APPLICATION FOR INFORMATION ON SERVICES
3.1 Where you wish to request further information on the Services provided by Davenports Law, you must do so in accordance with the instructions on the Website.
3.2 Davenports Law may require the provision of additional information or verifications before providing you with the further information.
4. PAYMENT TERMS
4.1 In connection with the Services, Davenports Law offers certain clients the option to pay for the Services by way of debit or credit card using the payment portal on the Website ("Payment Page"). In such circumstances, the following payment terms will apply:
(a) Davenports Law shall be entitled to appoint a third party service provider (chosen by Davenports Law at its sole discretion) (“Payment Provider”) to administer the Payment Page, and to process the debit or credit card payment;
(b) By inputting the debit or credit card information into the payment portal on the Website, you:
(i) Irrevocably authorise the Payment Provider to deduct from such card, the fee for the Services in respect of which payment is required;
(ii) Agree that once the payment is processed, it will not be reversed (unless otherwise agreed by Davenports Law in writing); and
(iii) Confirm that you are fully authorised to use the debit or credit card used for such payment,
(c) If the Payment Provider is unable to deduct the payment from the debit or credit card, you authorise the Payment Provider to continue to attempt to deduct such payment for the Services until payment is received in full. If any such attempt is unsuccessful, then Davenports Law may, at its discretion, require an alternative form of payment for the Services to be used by you;
(d) All payments and amounts specified on the Website are expressed in New Zealand Dollars and are exclusive of GST unless otherwise stated;
(e) Any deduction from a dedit or crebit card shall appear on your card transaction statement as ‘Davenports Law Limited’; and
(f) Davenports Law may at its sole and absolute discretion request further information or verification from you in respect of any payment made using a dedit or crebit card on the Payment Page.
4.2 Davenports Law does not store the debit or credit card information used to make an online payment through the Payment Page. By using the Payment Page to pay for the Services, you acknowledge and agree that you will be subject to the Payment Provider’s privacy policy.
4.3 Any other terms and conditions in relation to the payment for the Services or related fees are as contained in the Terms of Engagement.
5. LIABILITY, WARRANTIES AND EXCLUSIONS
5.1 All information provided on the Website is of a general nature only and is not intended to constitute legal advice.
5.2 You acknowledge that all information is supplied to you on the condition that you will make your own determination as to the fitness or suitability of such information for your purposes.
5.3 Davenports Law makes no warranties or representations about the accuracy or completeness of the Website, its content or the content of any third party website “hypertext linked” to or from the Website.
5.4 Any use by you of the information contained on the Website is done so at your sole risk and discretion.
5.5 To the fullest extent permitted by law, Davenports Law shall not be liable for:
(a) Any damages, losses or liabilities that result from the use of, or inability to use, the Website, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure or any special or consequential damages that result from the use of, or the inability to use, the Website; and
(b) Any loss of any kind whatsoever suffered by you arising under or in connection with the Website in contract, tort (including negligence) or otherwise including without limitation any loss, costs, damages, expenses of any kind and any indirect, special or consequential loss or damage of any kind whatsoever including, without limitation, loss of revenue, loss of profits, loss of any contract, failure to realise expected profits or savings and any other commercial or economic loss of any kind that may be suffered by you;
(c) Any loss, costs, damages, expenses, or for any adverse effects or outcomes of any kind that arise as a direct or indirect result of your use of any information contained on the Website; and
(d) Any direct, indirect, incidental, special or consequential damages incurred by any third party arising from any access to, reliance on, or use of the Website.
6. THIRD PARTY SITES
6.1 The Website may contain links to third party websites that are not owned or controlled by Davenports Law.
6.2 Davenports Law will not be responsible or liable for the accuracy, copyright compliance, legality or contents of any material contained on any third party website that may be accessed through the Website and will not be liable for any loss or damage that may arise out of your use or access of any third party website.
7. INDEMNITY
7.1 You agree to protect, indemnify, defend and hold harmless Davenports Law absolutely from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgements, costs and expenses of any kind whatsoever (including reasonable legal fees and service costs) arising out of or in any way connected with your breach of the Terms.
8. LOCAL LAWS
8.1 The Website is controlled and operated by Davenports Law from New Zealand. Davenports Law makes no representation or warranty that the Website’s content will comply with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of New Zealand.
8.2 If you access the Website from outside of New Zealand, you are solely responsible for compliance with applicable local laws and agree to indemnify Davenports Law absolutely in respect of any liability arising for Davenports Law as a result of your noncompliance with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of New Zealand.
9. INTELLECTUAL PROPERTY
9.1 Unless otherwise specified, Davenports Law is the owner of and possesses all rights in respect of the copyright in, the content appearing on the Website including the text, site design, logos, trade marks, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement of those items.
9.2 You are granted permission to electronically copy and to print hard copy portions of the Website for personal, private and non-commercial use only. Any other use of the content on the Website (including reproduction for purposes other than that noted above, or any modification, distribution, or republication of any content on the Website) without Davenports Law’s prior written permission is strictly prohibited.
9.3 All rights not expressly granted herein are reserved. Any unauthorised use of the content appearing on the Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
9.4 Content from the Website may not be copied, reproduced, distributed, modified, published, uploaded, posted or transmitted in any way without Davenports Law’s prior written consent.
9.5 Modification, distribution, or use of the content contained in the Website for any purposes other than for your personal use directly violates Davenports Law’s intellectual property rights. The content contained within this site is copyrighted and protected by world-wide copyright laws and treaty provisions (even if it is not stated to be so protected) and is provided for lawful purposes only.
10. YOUR INFORMATION AND PRIVACY
10.1 In connection with your use of the Website, you shall be subject to Davenports Law’s Privacy Policy. The terms of this policy can be accessed by clicking here.
11. GENERAL
11.1 The Terms shall be governed by and construed in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.
11.2 Except where otherwise agreed in writing or provided for in these Terms, the Terms set out the entire agreement and understanding between the parties in relation to the subject matter of the Terms and merges all prior discussions between them and neither of the parties will be bound by any conditions, warranties or representations regarding the subject matter of the Terms other than as expressly provided in the Terms.
11.3 Each notice, demand or other communication under these Terms is to be made in writing and delivered by personal delivery, or sent by post marked for the attention of the person or office holder (if any) from time to time designated for the purpose by the addressee or by email.
11.4 Any waiver or failure to execute any rights by Davenports Law shall not be deemed to be a waiver of any further or other right of Davenports Law. No waiver is effective unless it is in writing.
11.5 No party may assign its rights or obligations under these Terms without the other party’s consent.
11.6 The headings to the clauses of these Terms are for ease of reference only and will not affect the interpretation or construction of these Terms.
11.7 Each and every covenant, obligation or restriction in the Terms and each part of them is deemed a severable and independent covenant, obligation and restriction. In the event of the invalidity of any covenant, obligation and restriction of the Terms such invalidity will not affect the enforceability of any other covenant, obligation and restriction of the Terms.
11.8 Davenports Law reserves the right to amend these Terms in any manner and at any time and will notify you of any amendments to the Terms by uploading the amended Terms to the Website. By continuing to use the Website after any such amendment, you are deemed to have agreed to the amended Terms.
11.9 No variation, modification or substitution for these Terms is binding on Davenports Law unless specifically accepted by Davenports Law in writing.
