Terms of Trade
(including Terms of Use for www.rewardmanagement.co.nz website)
Updated August 1, 2009
| 1. Definitions 2. Privacy 3. Services 4. Intellectual Property 5. Links from and to the www.rewardmanagement.co.nz Website 6. Payments and Property 7. Limitation of Liability 8. General |
| 1. | Definitions | |||||||||
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The terms set out in this document (“Terms of Trade”) govern all of the supplies of goods and services from Reward Management Limited (“Reward Management”, “we”, “us”) to the Customer (“you”) including your use for any reason of the website at www.rewardmanagement.co.nz. They are effective from August 1, 2009 and will replace all earlier Reward Management Ltd Terms of Trade and any Terms and Conditions contained in any document used by you and purporting to have contractual effect. By visiting www.rewardmanagement.co.nz (“the Website”) or by accepting goods or services from us, you indicate your continuing acceptance of these terms of trade. |
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| 2. | Privacy | |||||||||
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| 2.2. |
In addition to using any personal information that we have collected from you for purposes related to supplying goods or services to you, we will use that information for the purposes of:
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| 2.3. | You can request details of your personal information that we hold, and ask us correct it, at any time. |
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| 2.4. | Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. |
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| 2.5. | Reward Management Ltd will make every reasonable effort to keep information and materials on the website as secure and confidential as possible. However, Reward Management cannot be held responsible for any breach of security that is out of its control, and cannot guarantee that its website www.rewardmanagement.co.nz is secure. |
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| 2.6. | You have the right to choose not to receive marketing or promotional emails, faxes or mailers from us that do not relate to your orders or enquiries. You may make this request by emailing us at info@rewardmanagement.co.nz, and including the word “unsubscribe” in the subject line. | |||||||||
| 2.7. | We may use your information in statistical form without identifying you, to analyse the products and services our customers prefer, including through the use of “cookies”, which are electronic messages left on your web browser. We will also gather information in statistical form such as the number of visitors who visit the Reward Management Ltd Website during a given period. You can disable the “cookies” but if you do so, some of the features on the Website may not function. | |||||||||
| 3. | Services | |||||||||
| 3.1. | Reward Management Ltd is the provider of remuneration and reward consulting services, books, downloadable documents and articles, and reward management tools. We do not provide legal advice. |
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| 3.2. | Reward Management is constituted to provide these products and services only to clients in New Zealand. While they may be accessed and purchased by clients and visitors to the Website from other countries, we accept no responsibility for use of our products or services outside New Zealand, or in relation to business or employment occurring outside New Zealand. |
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| 3.3. | In providing some products and services to you, we will need to rely on information provided by you or your staff or agents. You are responsible for ensuring that all information that you or your staff or agents supply to us is complete, current, up to date and accurate. |
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| 3.4. | In accessing products, services or documentation from the Website, you acknowledge that the products, documents or services on the Website are provided as generic resources only, and are not to be considered as a substitute for specific advice in relation to a particular matter which may include legal advice. Neither Reward Management Ltd and its officers or employees, nor its suppliers or agents provide any guarantee that the products, documents or services provided via the Website are fit for any particular purpose; and nor do they accept responsibility for the consequences of use of these services, documents or for any errors and/or omissions of any kind. |
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| 3.5. | You acknowledge that no service can be completely error-free, and agree that we will not be liable to you as a result of any errors. | |||||||||
| 4. | Intellectual Property | |||||||||
| 4.1. | Reward Management Ltd is the owner or authorised licensee of all copyright works supplied to you, including without limitation, the contents of www.rewardmanagement.co.nz, including all documentation, text, designs, trademark, and graphics. Where you commission us to produce a work, we will remain the owner of copyright in that work, and you shall have the rights of a licensee only. None of these materials or services may be reproduced, adapted, modified, or translated in any way without our prior, express, written permission. |
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| 4.2. | You will have a licence to use any intellectual property we supply to you but only for the purposes that we supplied it. We may cancel that licence at any time if you are in breach of any of these terms. If we do that you must cease using that intellectual property immediately and return it to us. | |||||||||
| 4.3. | Some documents may be available to you free of charge on the Reward Management website. You may view them and download only a single copy of these for your personal, non-commercial use. You agree not to license, distribute, create adaptations or derivative works from, transfer, sell or re-sell any document, information, content, or service obtained from the Website without our prior written consent. |
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| 4.4. | Where we give written consent that you may distribute or redistribute articles, messages or other content posted to the Website you may carry out the activities that we have consented to only on the condition that you maintain
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| 4.5. | No graphics, photographs or other visual elements obtained through the Website may be used, copied, or distributed without the prior express written consent of the original owner and/or Reward Management Ltd. |
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| 4.6. | You must not cause or permit anything which may interfere with, damage or endanger the copyright, trademarks or other intellectual property rights of Reward Management Ltd or any other person whose intellectual property is supplied to you through Reward Management, or assist or allow others to do so. |
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| 4.7. | You may not under any circumstances attempt to deface, shut down or otherwise damage the Website. |
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| 5. | Links from and to the www.rewardmanagement.co.nz Website | |||||||||
| 5.1. | Reward Management Ltd provides some links to other websites operated by other parties as a convenience to our visitors and clients. However your use of these links and sites is entirely at your own risk. Reward Management Ltd does not accept any liability with regard to access to these websites, their content or use. |
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| 5.2. | You must not link or deep link into www.rewardmanagement.co.nz from any other website or electronic system without our prior written consent, being consent which we may withhold or withdraw at any time in our entire discretion. |
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| 6. | Payments and Property | |||||||||
| 6.1. | Unless we have agreed in writing to extend credit to you, you must pay for all services in full before performance. |
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| 6.2. | Where we have agreed in writing to extend credit to you, and unless otherwise advised to you in writing by us, you must pay in full, without deduction or setoff, within 7 days of the date of invoice. Your payment is made only when funds have fully cleared through the banking system into our bank account. |
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| 6.3. | If you have not paid in full by the due date, we may charge you interest compounding monthly on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bankers, and we may charge costs (including collection costs and legal costs on a solicitor-client basis) and suspend your licence to use our intellectual property or suspend performance of further services until the account is paid. |
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| 7. | Limitation of Liability | |||||||||
| 7.1. | You are responsible for ensuring that your system is secure against attacks by viruses and similar disruptive codes, and that your data is backed up at all times. We will not be responsible for any loss or costs incurred through your failure to back up data or to secure your computer system. |
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| 7.2. | Reward Management Ltd will not be liable for any losses of any kind or any delay in supplying products, goods or services which are caused in whole or in part by force majeure including (but not limited to) any act of God, natural disaster, flood or earthquake, strike, lockout, fire, war, civil commotion, network service failure, inability to obtain goods or supplies including the imposition of any export or import bans, or any other cause beyond its reasonable control. Reward Management Ltd shall not be required to settle a strike or lockout or other industrial disturbance against its wishes in order to benefit from this clause. |
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| 7.3. | Subject to clause 7.2., Reward Management’s liability shall be limited to the value of any defective products, goods, software or services supplied to you in the calendar month in which those goods, software or services are supplied, and none of Reward Management Ltd, its employees, contractors and agents, any manufacturer(s) or developer of the products, goods, software or any of their materials or components or any suppliers of services, will be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This limitation of liability includes, but is not limited to, costs (including costs of returning goods to Reward Management), loss of data, consequential loss, loss of contracts, loss of profits and damage caused by or arising from delays in manufacturing or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, and faulty goods. |
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| 7.4. | Reward Management Ltd’s services are supplied for the use of businesses only. The provisions of the Consumer Guarantees Act 1993 shall not apply where products, goods or services are acquired by you, or where you hold yourself out as acquiring them for the purposes of a business. |
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| 8. | General | |||||||||
| 8.1. | Use of the Website www.rewardmanagement.co.nz and these Terms of Trade are subject only to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these Terms of Trade, or with the use of website or supply of any services. |
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| 8.2. | Reward Management Ltd may revise these Terms of Trade at any time by posting the amended Terms of Trade on the Website, and you agree that you will be bound by any changes to them. Reward Management Ltd may make changes in the services described on the Website at any time. |
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You are not permitted to use the materials on this Website except as expressly provided-for in these Terms of Trade.