Terms of Use - My Goals Ltd

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Terms & Conditions

Terms of Use

Your use of this Website is subject to these terms of use and all applicable laws. By using this website you agree to be bound by these terms of use.

We reserve the right to modify, alter or amend these terms of use from time to time with or without notice to you. All such amendments will be effective immediately upon an update being made. By continuing to use this website following such an update you agree to be bound by such amended terms of use.

Exclusions/Limitation of Liability

We make no warranties or guarantees, except for such guarantees and warranties as cannot be excluded as a matter of law, and all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise are hereby excluded and all liability of mygoals.co.nz whether in tort including negligence contract or otherwise is expressly excluded to the full extent permitted by law. The guarantees implied by the Consumer Guarantees Act 1993 (the Act) are expressly excluded where the consumer is acquiring goods or the Services for the purpose of business. Where you are buying any products or services from us for other than business purposes then these terms of use shall be interpreted subject to your rights under the Act.

The Liability of Mygoals.co.nz arising from any cause whatsoever, including but not limited to any damage, loss, cost, claim or expense arising out of or relating directly or indirectly to:

Any information, Product, including any agreement, form or user guide purchased via this website; or

Your use of this website interruption, delay or impairment in the functioning, operation or availability of our website, exposure to or transmission of any computer virus, internet access difficulties in connection with our website, or malfunction in equipment or software

Your use of or reliance on information contained or accessed through this website

Any breach of your warranties stated in these terms of use shall be limited to a refund of the cost of the Product purchased and or the resupply of a Product at the option of mygoals.co.nz

Governing Law

These terms of use and the provision of goods and service by us are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these terms of use or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand over such dispute.

Your Use of this Website

You agree to; Ensure that all the information you give us is true, correct and complete.

Follow our instructions when you purchase any Product, including any agreement, form or user guide on this website.

Not use any information available on this website for any commercial purpose other than the purchase and by you of our agreements, forms or user guides

Not to copy, alter or tamper with any material contained in this website.

License to use our Intellectual Property

All agreements, products , forms or user guides (“Products”) on this site, will remain our exclusive property and are protected by copyright and other intellectual property laws.

When you purchase a Product you are granted a limited, non exclusive licence to use and modify the

Product for your personal use, where you, or the business you work for is a party to the intended transaction, or you are a professional advisor or consultant and one of the parties to the intended transaction is your direct client in your advisory capacity. You may obtain advice on a Product and/or have your lawyer modify a Product for your needs, and it is recommended you do so. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, display, or in any way commercially exploit any of the content of a Product, in whole or in part other than as is expressly permitted.

It is a condition of your license to use any Product that you preserve our copyright notices as far as reasonably possible and at least once on every Product.

Termination of Relationship

We reserve the right to terminate our agreement with you and prevent the further transmission to you, or your use of any Products from our site, if you breach these terms and conditions.

Purchases and Delivery

By purchasing anything on this website you specifically acknowledge and agree that:-

When you purchase anything from this website these terms of use constitute the entire contract between us and you and it is expressly agreed that there are no other understandings, representations or warranties of any kind forming part of our contract with you.

Our website and advertising only constitute an invitation to treat. Ordering Products constitutes an offer by you to buy in accordance with these terms of use. Our acceptance occurs and the contract is formed when the product is delivered to you.

We do not guarantee that this website is free from errors or faults. We will however make our best efforts to ensure that the information available on this website is accurate. We shall be entitled at any time to correct any errors or omissions and make amendments to or add or remove Products without notice.

You must satisfy yourself that any Product purchased from us is suitable for the purpose for which you require it and we are under no liability if they are not.

Products purchased will be delivered by e-mail to the email address notified by you.

We accept no responsibility for problems you may have in making payment through a web page of our payment service provider or in down-loading any Product.

We shall not be liable to you for any delay in the delivery of Products for any cause beyond our control.

Linked Websites / Newsletters.

Where links to any third party websites are provided they are provide for convenience only.

If you make contact with a firm through our website, the client relationship will be directly between you and them. You will be responsible for all legal costs incurred in obtaining any legal advice.

Any information contained in our newsletters is provided as a general information service only. If you copy or disseminate our newsletters in any manner you must not remove any reference to the notice of authorship of the newsletter or remove any copyright notices.

You may only create links from this website to external websites where you are entitled to do so and where the creation of the link doesn’t otherwise breach these terms. Also, you may only create links to this website from external websites with our prior written permission.

Electronic Communications

Whenever you use this website or send emails to us you are communicating with us electronically.

This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to electronically satisfy any legal requirements that such communications be in writing.

Cookies

Like most interactive web site this Company’s website (or ISP) uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Privacy Policy

If you provide us with personal information through you use of this website, this information may be retained by us in our database. You have a right under the Privacy Act 1993 to access any personal information held about you or to request us to delete any such information. By accepting these Terms of Use you are acknowledging that you have read and accept our Privacy Policy which is on our site.

We will never sell your information to any third party or business.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under an Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, floor or any other natural or man made eventuality outside of our control which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such an event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and condition of any

Agreement contained herein.

Disclaimers

We are not responsible for ensuring that the information that you access or make available through using this website will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to our website or services. This is because the availability or quality of this website may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions.

We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of this website. Further, we assume no responsibility for the corruption of any data or information held by us.

General

This Website is owned and operated by My Goals NZ Limited a registered company of New Zealand trading as Mygoals .co.nz (“we, us, our”).

We may transfer our obligations pursuant to this website and these terms of use to any person including a related company (as defined under the Companies Act 1993) without notice to you. If we do this then we will not be liable for any act or omission by any transferee arising in relation to these terms of use after such transfer.

Each term of these terms of use is separately binding. If for any reason any term cannot be relied on all other terms remain binding.

You acknowledge that you are not relying on any statement or representation in any form made buy us or on our behalf in relation to the suitability of any Product advertised on this website and you expressly agree not to commence any proceeding or action arising from any statement or representation not set out in these terms of use

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