Terms of Use

​​​​​​In these terms, "Bell Gully", "we", "us" and "our" means the legal firm known as Bell Gully of 48 Shortland Street, Auckland 1140, New Zealand. Please read these terms carefully as they apply to your use of this website and all of its contents, and also apply to any associated services, products, software provided by us (the "Website"). By viewing and using the website, you will be deemed to agree to the following terms and conditions of use and the Privacy Statement without qualification. If you do not agree to be bound by these terms and conditions then you must stop accessing and using the Site.

We may revise these terms from time to time by updating this posting. The revised terms will take effect when they are posted.


Licence to use the content on the Website
  • You acknowledge that the Website, the content posted on the Website by us and our users, and the underlying software and technologies used to operate the Website, are all subject to copyright, trademark and other intellectual property rights (collectively, "Intellectual Property Rights").

  • We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

  • We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any Intellectual Property Rights unless we expressly agree otherwise.

  • Except as provided in these terms, permission to reprint or electronically reproduce the Website or any of its contents, in whole or in part, whether by automated or manual means (including through the use of any so-called robot, spider, scraper or similar technology) is prohibited, unless prior written consent is obtained from us.

  • We may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.

 
Social si​gn in and membership
  • In order to access certain features on the Website, you may need to register as a member or otherwise subscribe.

  • In order to register as a member, you must provide us with accurate and up to date registration information. You may wish to nominate a member user name which is different to your real name. However, you must not impersonate the identity of someone else or use a vulgar or offensive member name. In some instances we may require you to provide your real name or other identifying information.


Disclaimer

Except where expressly specified, the content on the Website is provided for your information only. The material provided on the website has not been prepared by taking into account the particular objectives, situation or needs of any individual users; it is a general service only and is not intended to be legal advice. Whilst reasonable care has been taken to ensure the information contained on the website is accurate and the opinions given are fair and reasonable, Bell Gully does not give any warranty of accuracy, reliability or fitness for any purpose of the information contained on the Site.  It is not intended as advice and you should not rely upon it as such.


Content you submit via the Website
  • Where requested, we encourage you to contribute to the Website by submitting comments, participating in the Website discussion forums and quizzes and, where appropriate, uploading information and photos (collectively, "Submissions").

  • You retain copyright and any other rights you already hold in any Submissions. By submitting, posting or displaying the Submissions, you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Submissions in any form. 

  • You warrant to us that you have all the rights, power and authority necessary to grant the licence of your Submissions above, and that our use of your Submissions in accordance with these terms will not infringe the rights (including Intellectual Property Rights) of any person or entity or breach any applicable law.

  • You must not submit, post, display or otherwise contribute to the Website any of the following:

    • any comment, review, message, data, information, text, music, sound, photo, graphic, code or any other material (collectively, "Content") that is false, unlawful, misleading, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or which discriminates against or vilifies any group or individual;

    • Content that may infringe any trade secret or Intellectual Property Rights of any person or entity;

    • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;

    • unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, solicitations or the promotion of fund raising or charitable causes (unless in response to a written request made by us);

    • Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; or

    • private information of any third party, including, surname (family name), addresses, phone numbers, email addresses and credit card numbers.

  • You understand that by using the Website, you may be exposed to Submissions that you find offensive, indecent or objectionable, and that, in this respect, you use the Website at your own risk. We reserve the right in our sole discretion and for any reason to pre-screen, review, flag, filter, modify, refuse or remove any or all Submissions from the Website, but we have no obligation to do so, and we will not be responsible or liable for any of the Submissions.

  • You must abide by any community guidelines which may be posted on the Website by us.

  • You acknowledge that each user of the Website is responsible for their own Submissions, and as a result, we have no control over the truth, accuracy or completeness of the Submissions.


Linking to this Website
  • We encourage you to provide links to this Website. While you may use the name of the Website in the text of any such link, you may not use any of our logos or trademarks without our prior written consent.

  • You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us. 

  • If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.


General restrictions

In using the Website, you must not:

  • violate any applicable laws;

  • distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;

  • disclose any password associated with an account you use to access the Website (and you will be solely and personally responsible for all activities that occur under your account); 

  • collect or store personal data about other users of the Website; 

  • use the Website for any purpose that is threatening, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person's rights; or

  • engage in any other conduct that inhibits any other person from using or enjoying the Website.


Warranties and liability
  • You may have rights under statutory consumer protection laws, including the Consumer Guarantees Act 1993 which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.

  • You expressly acknowledge and agree that your access to and use of the website is at your sole risk and the website is provided "as is" and "as available". In particular, we do not represent or warrant to you that:

    • your access to and use of the website will meet your requirements (and you acknowledge that you have relied upon your own experience, skill and judgement to evaluate the website and that you are satisfied as to the suitability of the website to meet your requirements); or

    • your access to and use of the website will be uninterrupted, timely, secure or free from viruses or error.

  • Without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose, timeliness or non-infringement of third party rights.

  • If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option: 

    • in relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or

    • in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

  • Subject to our obligations under the Non-Excludable Terms, our maximum aggregate liability for all claims arising under or in relation to these terms or otherwise as a result of your access to and use of the website is limited to $100. Our liability to you will also be diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

  • Subject to our obligations under the Non-Excludable Terms and to the maximum extent permitted by law, in no event are we liable under or in relation to these terms or otherwise as a result of your access to and use of the website for any indirect, special, consequential, incidental or punitive loss or damage or for any loss of goodwill, opportunities, anticipated savings, profits, revenue or bargain.

  • The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.

  • You must indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party.

  • We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.


Variation of the Website

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.


Links
  • The Website may contain links to websites operated by third parties. We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website. You should contact the relevant third party directly if you have any questions.

  • These links are provided to you only as a convenience, and the inclusion of any link does not imply Bell Gully's endorsement of the Linked Sites or any association with their operators.


Cookies and Web Beacons
  • We employ cookie technology and web beacons to help you receive a smoother user experience and to analyse how you use our site. A cookie is a string of information sent by a user interface and stored on your hard drive or temporarily in your computer's memory. A "web beacon" is an electronic image placed in the code of a web page. Our third party service providers may employ cookies and web beacons to tailor our content to your interests, monitor the traffic patterns of users from one web page to another or to improve site performance. We also use cookies to identify you on future visits to our site and to other sites. When you access our user interfaces, we place a cookie on your computer. This allows the user interfaces to recognize you as you move through the user interfaces. We may store and access cookies on your machine. You can also delete cookies from your website browser at any time.

  • We may collect information relating to viewer trends and patterns and use cookies and software tools to measure site usage and related information.

  • We may also permit third parties to place or modify cookies on your computer or mobile device on our behalf. The third parties can use these "tracking cookies" (also known as "third party cookies") to determine if you have visited certain pages on our site or other sites and may use tracking cookies to present particular content to you as you visit other sites. These tracking cookies do not contain personal information (though they do identify the computer or mobile device you use to visit the site) and you can configure your browser to reject tracking cookies.


Privacy policy

In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our privacy policy, which forms a part of these terms.


General
  • If any part of these terms is:

    • held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or

    • inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary, and the remainder will remain in full force and effect. These terms are governed by the laws of New Zealand, and you irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

  • These terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Website.

  • Your use of the Website is conducted electronically and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.

  • The word "including" when used in these terms is not a term of limitation.


Co​ntact

If you have any questions, concerns or complaints about the Site or these terms and conditions please contact Bell Gully at INFO Bell Gully.