Your access to and use of the Russell McVeagh ("us", "we", or "our")
Site ("Site") is subject to the following terms and conditions ("Terms"). By
using the Site you represent that you have read, understood and accepted these
Terms and agree to be bound by them. From time to time, we may update or revise
these Terms without notice. Please check these Terms periodically for changes.
Your continued use of the Site following the posting of any changes to the
Terms indicates your acceptance of those changes.
User Name and Password
We have issued you or your organisation with one or more Usernames and initial
Passwords for the Site. You and your organisation must keep each Password
confidential and not disclose it to anyone who is not expressly authorised by
you to use it to access the Site and the materials on it.
You agree to:
effect and maintain security measures to prevent (i) unauthorised
persons from gaining access to, or using, the Site using your Username or
Password, (ii) any other interference with the Site (such access, use, or
interference referred to as "Unauthorised Use") and (iii) any loss or damage
arising from Unauthorised Use;
notify us immediately you become aware of any Unauthorised Use and,
at your cost, take any action which is necessary or which we may require to
prevent any further Unauthorised Use occurring and make good any damage arising
from any Unauthorised Use; and
advise us promptly of any unauthorised disclosure of any Username or
Password or Unauthorised Use.
This Site may contain legal advice, or the work product of that
advice, which has been produced as a result of a solicitor and client
relationship between us and you or your organisation (“Legal Advice”). Any
Legal Advice on the Site is subject to all conditions, whether express or
implied, which applied upon its initial provision to you. Apart from such Legal
Advice, nothing on this Site is intended to be legal advice. If you require
additional legal advice on a matter, please contact your usual legal advisor at
While we endeavour to keep information on the Site, including those
provided by you or on your behalf, secure and confidential, we will not be
responsible for any breach of security caused by third parties and do not
represent that the Site is completely secure.
This Site may not be continuously available for reasons that may
include maintenance or repair. We will not be responsible for any consequences
arising from the non-availability of the Site.
Disclaimer concerning information and materials
Your use of the Site is at your own risk. While we have endeavoured
to ensure that the content and material on the Site is free from error, we do
not warrant its accuracy, adequacy or completeness or that it is suitable for
your intended use, or that the Site or the server that makes it available are
free of viruses or other harmful components. To the fullest extent permissible
by law, Russell McVeagh disclaims all warranties, express or implied, including
all guarantees under the Consumer Guarantees Act 1993.
Exclusion and limitation of liability
Under no circumstances, including but not limited to negligence,
shall we be liable for your reliance on any content or material on the Site and
we shall not be liable to any person for any direct, incidental, special,
consequential, indirect or punitive damages that result from the use of, or the
inability to use, the content or materials on this Site or the content or
materials on any sites linked to this Site, even if we have been advised of the
possibility of such damages.
There may be situations in which you have a right to claim damages or
payment from us in relation to your access to, and use of, this Site. Except as
otherwise specifically provided in this paragraph, whatever the legal basis for
your claim, our aggregate and cumulative liability for direct and proven
damages shall be limited to $1000.
Intellectual property rights
You acknowledge and agree that all content and materials available on
the Site are protected by copyright and any applicable trade marks or other
intellectual property rights and laws. Except where it comprises Legal Advice,
no content or material on the Site may be reproduced, adapted, linked to,
distributed or used in any way without our prior written consent. However, you
may print or download one copy of the materials or content on this Site,
provided you keep intact all copyright and other proprietary notices.
New Zealand Law
New Zealand law governs the use of the Site.