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Terms of Use

 

By registering as a subscriber to the website (including as a trial subscriber), you agree to be bound by these terms of use:

 

Our Service

 

Our website is designed to provide you with up to date, relevant, technically accurate but general information about the law and policies relating to class 4 gambling in New Zealand.

 

Our website is not designed to provide you with specific advice about how the law and policies will, could or should apply to you or your organisation.  To obtain this type of advice you will need to contact us directly or consult with your own solicitors.

 

Risk

 

You agree that we have no liability to you and that we accept no responsibility for any actions (or any inaction) you may take (or decide not to take) in reliance on the general information provided on the website. 

 

You acknowledge that:

 

a.we do not provide any warranties, guarantees or representations regarding the actions which may be taken by the Gambling Commission, the Department of Internal Affairs, the courts or any other governmental or statutory body;

 

b.if we express opinions on the website about how law or policy will, could or should be interpreted, that law or policy could be interpreted and applied quite differently by the Gambling Commission, Department of Internal Affairs, any court or any other governmental or statutory body and, if that occurs, we will have no liability to you.

 

The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded.  Other than as expressly provided for in these terms of use, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under the law of tort (including negligence), contract, equity, breach of statutory duty or otherwise.

 

Any guarantees contained in the Consumer Guarantees Act 1993 which do apply are excluded where you use our website for the purposes of a business in terms of sections 2 and 43 of that Act.  

 

Except as otherwise expressly provided by these terms of use, we shall not be liable for any damage you suffer from your use of the website or your reliance on any information on the website.

 

You indemnify us against all damage we suffer as a result of your use of the website or your breach of these terms of use including legal costs we incur (on a solicitor/client basis).

 

To the extent that we are liable for any reason for any damage you suffer or liability you incur arising from any breach of these terms of use or for any other reason, such liability is limited to the amount of the subscription fees you actually paid to us in the 6 month period immediately preceding the event which resulted in our liability to you.

 

Subscription

 

To subscribe to the website you must first complete and submit the online application form for a trial subscription.  After you submit your application for a trial subscription we will contact you to discuss the website and will tell you what the annual subscription fee will be for you to permanently subscribe to the website from the end of your trial period.

 

Your trial subscription will give you full access to the website for a one month period from the date of your application (“your application date”). 

 

We will terminate your access to the website one month after your application date unless:

 

a.you have successfully applied for a permanent subscription; and

 

b.you have paid the required annual subscription fee.

 

If you apply for a permanent subscription during your trial subscription period and pay the annual subscription fee, you will be entitled to full use of the website until your subscription is terminated in accordance with these terms of use.

 

You can terminate your subscription at any time but:

 

a.you will not be entitled to any refund of any of your annual subscription fee if you do so; and

 

b.you will continue to be liable for any annual subscription fees incurred but not paid prior to the termination date.

 

On each anniversary of your application date you will be liable for a further annual subscription fee unless you have notified us before the relevant anniversary date that you wish to terminate your subscription.

 

We reserve the right to change the annual subscription fees by giving reasonable notice.

 

By applying for subscription you warrant that:

 

a.if you are an individual, you are over 18 years of age and a New Zealand resident;

 

b.if you are a company, incorporated society or registered charitable trust, you are registered in New Zealand;

 

c.if you are an unregistered trust, all of your trustees reside in New Zealand;

 

d.you can enter legally binding contracts;

 

e.all of the information you provide to us is accurate, complete and not misleading in any way;

 

f.you will maintain the accuracy of the information you provide to us and will update us whenever any of that information changes;

 

g.you understand, accept and agree to be legally bound by these terms of use.

 

We are not obliged to accept your application for a subscription (either trial or permanent) and can refuse any application at our discretion.

 

When you become a subscriber you will receive a login name and password.  You acknowledge that:

 

a.it is your responsibility to keep this information confidential;

 

b.you will not permit any other person to use your login name and password or subscription account; and

 

c.you will take full and complete responsibility for any activities undertaken using your login name and password.

 

You cannot assign, licence or transfer your subscription to any other person.  If you attempt to do so, we may immediately terminate your subscription. 

 

Payments

 

If you do not make a payment due to us by its due date, you will be in default and must pay default interest at the rate of 15% per annum, which shall accrue on a daily basis on the total amount outstanding from the due date to the date of payment in full.

 

Payment of all money owing to us shall be without set-off or deduction of any kind.

 

We reserve the right to change the penalty interest rate at any time.

 

Interfering With The Website

 

You must not interfere or attempt to interfere with the website or any network or system (whether software or hardware) forming part of the website or connected to it.

 

Our Obligations To You

 

We will use reasonable endeavours to maintain the website and ensure that it is available for your use (subject to our reasonable maintenance requirements).

 

Default

 

You will be in default if you:

 

a.fail to pay any money owing to us by its due date;

 

b.fail to comply with any of these terms of use; or

 

c.do (or omit to do) anything on the website which we consider to be inappropriate (in our absolute discretion).

 

If you are in default, in addition to any remedies we may have at law, we may:

 

a.limit your access to the website;

 

b.suspend your subscription until your default ends;

 

c.charge default interest in accordance with these terms of use;

 

d.terminate your subscription;

 

e.issue you with a warning requiring the default to be remedied within a time period acceptable to us (in our absolute discretion); and/or

 

f.take any other action we consider appropriate (in our absolute discretion) to protect the integrity of the website and the interests of other subscribers.

 

Notwithstanding the above, if you are in default and we exercise any of our rights under this clause you will not be entitled to any refund of your subscription fees.

 

Termination

 

We reserve the right to:

 

a.permanently shut down the website at any time; and/or

 

b.terminate your subscription at any time for any reason;

 

but if we do so we will refund to you any subscription fees you have paid to us for access to the website for any period after the shut down or termination date.

 

Intellectual Property Ownership

 

We are and will remain the exclusive owner everywhere in the world of all our intellectual property.

 

You must not, without our prior written consent use, adapt, copy, reproduce, print, publish or display any part of our intellectual property.

 

You will be bound by the terms of this intellectual property ownership clause and it shall continue in force as between us and you even if your subscription is cancelled for any reason.

 

Privacy

 

By using the website, you agree that we can collect personal information about you through your use of the website.  This personal information will include, but is not limited to:

 

a.your registration details (which include your contact details); and

 

b.information arising from your use of the website including details about the information you view.

 

You authorise us to collect, retain and use information about you from any person for the purposes of:

 

a.verifying your identity;

 

b.our own research about use of the website; and

 

c.promoting other services to you.

 

We agree to comply with the privacy requirements set out in our privacy policy.

 

Notices

 

We can give notices to you by phone, in person, by post, by facsimile or email (or where you are a company, to any of your directors).

 

You can give notices to us by post or by facsimile.

 

Variation

 

We may vary any provision of these terms of use at any time and you shall be bound by such variation.

 

If we vary these terms of use, we will:

 

a.replace the terms of use accessible from the website with the new terms of use; and

 

b.place a notice on the website advising all subscribers that new terms of use have been adopted; but

 

c.we will not have any obligation to notify you that new terms of use apply to your use of the website other than as set out in this clause.

 

Costs

 

You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these terms of use.

 

No Waiver

 

We shall not be deemed to have waived any of our rights under these terms of use if we do not:

 

a.enforce or insist upon the strict observance of any of these terms;

 

b.take action against you for any breach or non-performance of these terms; or

 

c.exercise any election or discretion under these terms.

 

Partial Invalidity

 

If any part of these terms becomes legally ineffective, invalid or unenforceable, the remainder of these terms shall remain effective, valid and enforceable and the ineffective, illegal or unenforceable provision shall be severed from these terms.

 

Jurisdiction

 

These terms of use are governed by and must be construed in accordance with the current laws of New Zealand and you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand for any disputes or proceedings arising out of or in connection with these terms of use.

 

Disputes

 

Any claim or dispute arising under these terms of use shall be determined by arbitration under the Arbitration Act 1996 if the parties are unable to resolve such dispute within one (1) month of the dispute arising.  However, nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand Courts.

 

Force Majeure

 

We shall not be liable to you for any breach of these terms or if the website fails, is faulty or is unavailable if the cause (or part of the cause) is beyond our control.

 

Entire Agreement

 

These terms of use constitute the entire agreement between you and us regarding our relationship with you.  No information, promise, warranty or other statement we make to you will be valid if it conflicts with these terms unless it is in writing and signed by a director of True Legal Limited. 

 

Interpretation

 

The rule of construction known as the contra proferentem rule does not apply to these terms of use.

 

Words importing the singular include the plural and vice versa.

 

Headings are for convenience only and do not form part of, or affect the interpretation of, these terms of use.

 

References to a party include that party's successors, personal representatives, executors, administrators and permitted assignees.

 

References to a statute include references to:

 

a.regulations, orders, rules or notices made pursuant to that statute;

 

b.all amendments to that statute and those regulations, orders, rules or notices, whether by subsequent statute or otherwise; and

 

c.any statute passed in substitution of that statute.

 

References to "us" includes our employees, contractors and agents.

 

Interpretation

 

In these terms of use:

 

a.“damage” means loss or damage of any kind whatsoever including general and special damages, consequential and incidental loss including, without limitation, lost profit, data or business whether suffered or incurred by you or another person and whether in contract, or tort (including negligence), or otherwise and whether such loss or damage arises directly or indirectly;

 

b.“intellectual property” means all our intellectual property rights and interests including, without limitation, copyright and all other statutory and common law rights and interests we hold or are entitled to hold in the website, all of the software, trademarks, graphics, layout, icons and other intellectual property forming part of the services we provide, our advertising and the artistic styles, methods of working, techniques, ideas, skills and know-how forming part of the website and the software required to operate the website;

 

c.“subscriber” refers to any person who successfully completes the registration process required to subscribe to the website (either for a trial subscription or a permanent subscription);

 

d."we", "us" and "our" refers to True Legal Limited; and

 

e.“website” means the website we own and operate which is available at www.gamblinglaw.co.nz and the hard copy book New Zealand Gambling Law Guide (including updates of this hard copy).
 

 

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