1.            Introduction

1.1          These Terms apply to how we provide the Services to you. 

1.2          By using the Services you agree to be bound by these Terms.

1.3          Our Privacy Policy also applies to how we use information you provide when you use the Services.

2.            Definitions

2.1          In these Terms:

2.1.1     Content means content that you upload to the Website or otherwise provide to us including files, photographs, messages and other materials;

2.1.2     Fees payable for the provision of certain Services;

2.1.3     Privacy Policy means our privacy policy in force from time to time;

2.1.4     Services means the services supplied by us, including provision of the Website;

2.1.5     Terms means these terms of use (as amended from time to time);

2.1.6     Website means the internet site or sites operated by us;

2.1.7     We, Us and Our refers to KJM Information Limited (a New Zealand company with company number 7528636);

2.1.8     You and your refers to you, the user of the Services.

3.            Access to Services

3.1          You must be at least 18 years of age to use the Services.  By using the Services you are confirming that you are aged 18 years or over.

3.2          The Services are to be used for personal purposes only.

3.3          You must use the Services in accordance with applicable law and in accordance with any guidelines set by us from time to time.  You must not use the Services for any unlawful purpose or do any act or thing which in any way constitutes or encourages conduct that would constitute a criminal offence.

3.4          Please also see clause 6, Content below.

4.            Accounts

4.1          You have to establish an account (Account) and pay Fees to access certain Services. 

4.2          Your Account is not transferrable and you should not give other people access to your account.

4.3          You are responsible for all activity on or through your Account.

4.4          We retain absolute discretion to refuse to allow an Account to be established. 

4.5          To establish an Account you must provide us with various information.  It is your responsibility to correctly provide and maintain all particulars associated with your Account.

4.6          You are responsible for maintaining the confidentiality of your login and password.

4.7          You can cancel your Account at any time – see clause 13, Cancellation and Termination below.

5.            Fees

5.1          Any Fees payable are non refundable except as stated otherwise in these Terms.

5.2          We will take payment from your nominated bank account on each renewal date unless you inform us 7 days before the renewal date that you want to cancel your subscription (see clause 13, Cancellation and Termination below).

5.3          We will give you not less than 30 days notice of any change in Fees.  The increase will not become effective until the expiry of any term that you have subscribed for the Services.

6.            Content

6.1          In the course of using the Services you may provide us with Content.  You grant a worldwide licence to us to use the Content in order that we can provide the Services to you.

6.2          You are solely responsible for all Content.

6.3          You agree that you will not upload any Content which:

6.3.1     Infringes another person’s intellectual property rights

6.3.2     You do not have the right to upload;

6.3.3     Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hurtful, invasive of another’s privacy, hateful, or otherwise objectionable;

6.4          We have the right to remove any Content described in clause 6.3.

6.5          Whilst we endeavour to keep your Content secure we cannot guarantee this.  You should ensure that you retain copies of any Content that you upload.  You agree that neither we, nor the designer of the Website or Website host shall be responsible for the loss or destruction of any content.

7.            Intellectual Property

7.1          You retain any intellectual property rights that you have in Content that you upload, subject to the licence that you grant to us under these Terms.

7.2          The use of the Services does not give you ownership of any of our intellectual property rights.  We (or our licensors and providers) own copyright in the contents of the Website. 

7.3          You must not copy, adapt, reproduce, display or distribute the contents of the Website in whole or in part for any commercial purpose without our prior written approval.

8.            Third Party Links

8.1          The Website includes links to third party websites.  We have no control over linked sites and we are not responsible for the contents of such sites.  We do not endorse or make any representations about the accuracy of information or regarding any products or services found on any linked sites.

9.            Viruses and Similar Devices

9.1          We do not warrant that the contents of the Website or any linked sites, including any downloadable files, are free from viruses, Trojan horses, worms or similar devices and we will not be responsible for any loss, damage, cost or expense suffered or incurred as a result of any content or files downloaded from the Website or any linked sites.

10.          Limitation on Provision of Services

10.1       The Services are provided on an “as is” and “as available” basis. 

10.2       We do not guarantee access to the Services will be error free, without disruption or interruption or that the Services will be available at all times.

10.3       We do not make any warranties about the fitness for purpose of the Services and to the extent permitted by law all warranties and conditions about the Services, whether express or implied, are excluded.

10.4       The Website is controlled and operated from within New Zealand. We make no representation or warranty that the content of the Website is appropriate or available for use in other countries or that such content or products satisfies the laws of other countries. If you choose to access this site from countries outside New Zealand, you do so at your own risk.  You are responsible for ensuring that your access to this site is not illegal or prohibited and for your own compliance with applicable local laws.

11.          Information

11.1       We endeavour to ensure that the contents of the Website are complete, true and accurate.  However, to the extent permitted by law we will do not accept any responsibility or liability arising from or in connection with your use of the Website or the information contained in it including but not limited to any incomplete, untrue or inaccurate information.

11.2       Any statement provided on the Website is provided for general information purposes only.  We do not provide legal or immigration advice.  You should take independent legal advice in relation to any matter stated on the Website.

12.          Limitation of Liability

12.1       We are not liable for any indirect, consequential, economic or special damages including any damages for loss or profits or goodwill resulting from your use of the Services.

12.2       Our liability to you is limited to the amount of the Fees paid by you to us.

12.3       Nothing in these Terms excludes or limits our liability to the extent that this is unlawful, including our liability for fraud or fraudulent misrepresentation.

13.          Cancellation and Termination

13.1       Subject to clause 13.3 we may discontinue or terminate the provision of any of the Services at any time. 

13.2       We may suspend or terminate your use of the Services and/or the use of your Account if you breach any of these Terms.

13.3       Where we discontinue or terminate the provision of the Services and you are unable to access your Account as a result (save where you are in breach of these Terms):

13.3.1   We will provide you with reasonable notice so that you may export any Content; and

13.3.2   We will refund you any portion of the Fees for any period that you are unable to access your Account.

13.4       You can cancel your Account at anytime by giving notice to us.  Where you do so we will allow you a reasonable period of time to export any Content. 

13.5       You will not be able to access your Content after the expiry of any period that we give to you to export your Content.

14.          Privacy

14.1       You acknowledge that you have read, understood and agree to the terms of our Privacy Policy. 

15.          Contact

15.1       You agree that any notices or communications to you may be made electronically including by sending notices to the email you provide to us.

15.2       If you want to give any notice to us, if you have any queries, concerns or complaints regarding our Services or these Terms, you should contact us:

15.2.1   Via the “Contact Us” form on our website; or

15.2.2   By email to info@lekkerlifenewzealand.co.nz; or

15.2.3   By post to PO Box 259123, Botany, Auckland 2163, New Zealand.

16.          Variation of Terms

16.1       We may vary these Terms from time to time.  Where we do so we will update the Terms on the Website.  Where the changes materially affects your use of the Services we will give you 30 days notice of any changes.

16.2       By continuing to use the Services you agree to the Terms as varied from time to time.

17.          General

17.1       None of our agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by a director in writing, nor are we bound by any unauthorised statements.

17.2       If any of these Terms are invalid, void or illegal or unenforceable, the other Terms shall not be affected.

17.3       We shall not be liable for any delay or failure to comply with our obligations under these Terms which are caused by any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond the reasonable control of either party.

17.4       You may not assign any of your rights under these Terms.  We may assign, license or sub-contract all or any part of our rights and obligations without your consent.

17.5       These Terms constitute the entire agreement between you and us in relation to the provision of Services and supersede all previous agreements, understandings and negotiations (whether written, oral or both).

17.6       The provision of the Services and these Terms are governed by and construed in accordance with the laws of New Zealand and you submit to the non exclusive jurisdiction of the New Zealand Courts.