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FINANCIAL & BUSINESS ADVISOR LIMITED (“The Company”)

ONLINE PURCHASE OF SUBSCRIPTION AND USE OF www.businessadvisor.co.nz WEBSITE ("This Website")

TERMS AND CONDITIONS

Access and use of this Website demonstrates your acceptance of and agreement to clauses 5, 6, 7 and 8 of these Terms and Conditions.

When you order a subscription online from the Company you are agreeing to all of the following terms and conditions on behalf of the subscriber named in the Order.  You confirm that you are authorized to do so and that you are authorized to make the Order on behalf of the named subscriber:

1.       TERM

1.1   The subscription will be for the term of one calendar year from the date of the order unless otherwise agreed with the Company.

1.2   The subscription renews automatically each year at the conclusion of the previous term on the Company’s then current terms and conditions which will include a right to cancel the subscription on terms similar to those in Clause 3 below (14-DAY MONEY BACK GUARANTEE).

2.       PAYMENT

2.1   Unless otherwise agreed, payment for the subscription shall be made by you online by credit card at the time of placing the Order or otherwise within 7 days of placing the Order.

3.       14-DAY MONEY BACK GUARANTEE

3.1   You may cancel the Contract by phone, fax, email or post any time before the end of 14 calendar days, beginning with the Date of Order (14 day money back guarantee period).

3.2   Pursuant to clause 3.1 all goods sent to you by the Company as part of the subscription shall be returned to the Company in saleable condition within the 14 day money back guarantee period and the company will refund any payment received for the subscription.

3.3   A refund in whole or in part may be granted for cancellation after the 14 day money back guarantee period at the absolute discretion of the Company. To receive a refund for late cancellation, you must satisfy the Company that there have been exceptional circumstances giving rise to the late cancellation.

 

4.       NO ASSIGNMENT

4.1   None of your rights or obligations may be assigned under the Contract without prior written consent of the Company.

 

5.       COPYRIGHT

5.1   All copyright (and any other intellectual property rights) subsisting in any material prepared and/or supplied by the Company shall vest in the Company or existing owner or owners of such rights and shall not pass to you or any other person.

5.2   You are not entitled to use, copy or distribute any material prepared and/or supplied by the Company in any way or to permit any other person to do so without written permission of the Company and you agree that any breach of your obligations under this clause will breach or infringe the Company’s right in the material.

 

6.       QUESTION AND ANSWER SERVICE

6.1    The Question and Answer service is a limited service and is not intended to replace paid professionals.  The scope of the service will be determined at all times at the absolute discretion of the Company.  The Company will endeavour to answer questions to the best of its ability recognizing at all times that it is in its own best interests to do so but the Company reserves the right to refrain from providing a response where it considers that the question is out of the scope of this service. 

7.       LIABILITY

7.1   The Company shall not be liable for any loss of any kind whatsoever arising from any breach of any of the Company’s obligations under the Contract including cancellations or negligence on the part of the Company or any person on its behalf nor shall the Company be liable for any loss, damage or injury caused to you or any person associated with you. You agree to indemnify the Company against any claim by any such persons in respect of any such loss, damage or injury.

7.2   Notwithstanding anything else in the Contract, the liability of the Company, arising from breach of any of the Company’s obligations under or in connection with the Contract, including any cancellation or negligence on the part of the Company, or any person on its behalf shall be limited to damages which shall not in aggregate exceed the Contract price.

7.3    The Company and each and every other person involved in authoring providing or publishing of information on this website, hereby disclaim all liability for any loss or damage whatsoever and howsoever incurred in reliance upon such information.

You understand that you must not rely on any information or advice or other material supplied by the Company as part of the subscription or otherwise without first obtaining advice from an independent qualified professional person. The Company, authors and other contributors to this website and other publiscations of the Company expressly disclaim all and any liability and responsibility to any person whatsoever in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the Subscription or information supplied by the Company.  Without limiting the generality of this disclaimer in any way, the Company disclaims all liability for taxation arising from reliance on such information advice or other material.

7.4   Nothing in the Contract shall be deemed to limit or exclude any relevant guarantee implied by the Consumer Guarantees Act and accordingly the Contract shall be construed subject to the Act.

7.5   If any time for delivery of the Subscription shall be stated in the Contract, such time shall be approximate only and shall not be deemed to be of the essence.

8.       PRIVACY

8.1   Where the Subscriber is an individual, you acknowledge that you aware that:

8.1.1          The Company is collecting personal information about the Subscriber and you;

8.1.2          That information is being collected to enable the Company to perform its obligations under the Contract and to market other products or services offered or sold by the Company or its business associates and partners;

8.1.3          The Company will hold the information;

8.1.4          If you do not supply the information the Company may be unable to perform its obligations under the Contract;

8.1.5          The Subscriber and you have a right of access to, and correction of, personal information by virtue of the Privacy Act 1993.

8.2   The acknowledgements in Clause 7.1 apply to information whether collected before or after the date of the Contract.

8.3   You acknowledge that by purchasing the subscription you are establishing a relationship with the Company that may result in commercial electronic messages being sent to you by the Company.