Terms of Engagement – Online Services
Online Services only:
1 APPLICATION OF TERMS
1.1 By visiting and using the Website, You agree to these Terms.
2 CHANGES
2.1 We may change the Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring You are familiar with the latest Terms. By continuing to access and use the Website, You agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 08 April 2022.
3 DEFINITIONS
3.1 In these Terms:
Account means the account you create with Us or with our third party provider/s.
Document means the form of document, deed or will purchased by You from Us.
Loss includes loss of profits, savings, revenue or data, or 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, and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws.
Privacy Policy means our privacy policy displayed on the Website as updated from time to time.
Services means the services we provide to you as described in clause 5.
Terms means these terms and conditions and includes the Privacy Policy.
Underlying System means any network, system, software, data or material that underlies or is connected to the Website.
We, Us or Our means Caring Estates Limited.
Website means the Caring Estates website at www.caringestates.co.nz or equivalent.
You or Your means you.
4 WHAT YOU WILL DO
4.1 You must provide true, current and complete information in your dealings with Us, and must promptly update that information as required so that the information remains true, current and complete.
4.2 You take responsibility for ensuring that any Document you purchase and complete is suitable for your purposes.
4.3 You acknowledge that the Document you purchase is designed for property situated in New Zealand (and movable property outside New Zealand) and that you take responsibility for seeking specific advice as to whether any property situated outside New Zealand may be affected by the Document.
4.4 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) access the Website via standard web browsers only and not by any other method unless with our consent. 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.
4.5 You indemnify us against all Loss we 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 our Website by using Your details.
5 WHAT WE WILL DO
5.1 We will provide a platform for You to create Your own Document either ourselves or using a third party provider. Our service includes providing you with a secure referral to the third party provider to download a Document and providing guidance (but not legal advice) for completing the Document.
5.2 When You select the option to purchase a Document on the Website, the Website may refer You to a third party provider for payment of the initial fee. Once referred You will be engaging with the third party provider for the purposes of payment and accessing the Document.
6 INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
7 WHAT WE DON’T DO
7.1 To the extent permitted by law, we and our licensors have no 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. To avoid doubt, 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 on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
7.2 We 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.
7.3 We are not providing legal advice to You as part of this Service. You accept that you will need to obtain your own legal advice on your Document.
8 LIABILITY
8.1 To the maximum extent permitted by law:
a) You access and use the Website at Your own risk; and
b) We are 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 Our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
8.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Consumer Guarantees Act 1993. To the extent Our liability cannot be excluded but can be limited, our liability is limited to the price You pay for one of Our Services.
8.3 We are not responsible for the Document You purchase being unenforceable or not applicable to your circumstances. The content of the Document and the signing and application of it is a matter for You. We will not be liable for any costs associated with the enforcement, defence or execution of Your Document.
9 SUSPENSION AND TERMINATION
9.1 Without prejudice to any other right or remedy available to Us, if We consider that You have breached these Terms or We otherwise consider it appropriate, We may immediately, and without notice, suspend or terminate Your access to the Website (or any part of it).
9.2 On suspension or termination, You must immediately cease using the Website and must not attempt to gain further access.
10 GENERAL
10.1 If We need to contact You, we may do so by email, by telephone or by posting a notice on the Website.
10.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the law of New Zealand.
10.3 For Us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 4.5, 6, 7, 8, and 9, continue in force after termination.
10.5 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.
10.6 These Terms set out everything agreed by the parties relating to Your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to You agreeing to these Terms. The parties have not relied on any representation or warranty relating to the Website that is not expressly set out in the Terms, and no such representation or warranty has any effect from the date You agreed to these Terms.
