1.1 The Chelmer.co website (Website) is made available by Chelmer Limited (we, our or us) of Level 5, 19 Victoria Street West, Auckland, 1010. These Terms apply to your use of the Website. By accessing and using the Website you (you) are deemed to accept and agree to be bound by these Terms. If you do not accept these Terms, you should not use the Website.
1.2 We can amend these Terms at any time. Amendments will be effective immediately when posted on the Website, but we may also contact you by email to notify you of changes where it is appropriate to do so. By continuing to use the Website, you agree to be bound by the Terms as amended. You can always find the current version of the Terms at www.chelmer.co/terms-of-use.
2. Using the Website
2.1 While we will use reasonable endeavours to ensure that the information featured on the Website is reliable and accurate at the time of publishing, the content of the Website may be updated at any time and may, at times, be out of date, inaccurate and/or incomplete. We accept no responsibility for keeping the content of the Website up to date, accurate and/or complete, nor do we accept any liability for any failure to do so.
2.2 We do not make any express or implied representations or give any warranties or guarantees regarding the material or facilities contained or referred to in the Website. We do not accept any liability for:
(a) any loss or damage whatsoever which may arise in any way out of the use of any of the material or facilities contained or referred to in the Website;
(b) any system unavailability, or for any loss that is incurred as a result of the Website being unavailable;
(c) errors in, or omissions from, the material or facilities;
(d) any loss or damage caused to any equipment or software owing to any viruses, defects or malfunctions in connection with accessing or using the Website or the Website content; or
(e) inaccuracy of or reliance on, any information obtained through use of the Website.
2.3 Your use of the Website and any services provided by it is at your sole risk. The Website and associated services provided by it are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all implied conditions, guarantees or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
3. Your material
3.1 You agree to ensure that all material you send or upload to the Website (including, without limitation, e-mails, text, graphic files, still or moving images, or responses to any questionnaire available through the Website) (Material) is legal, not offensive, truthful and accurate, complies with all applicable laws and regulations, does not infringe the intellectual property rights or other rights of us or any third party, is not defamatory, unreliable or misleading or otherwise objectionable and is free of bugs, worms or viruses.
4. Our material
4.1 We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in the Website, including all of the content of the Website (such as text, graphics, logos, icons and sound recordings), all software code underlying and forming part of the Website and any improvements, enhancements, modifications or adaptions to the Website. By using the Website you agree not to copy, amend, reproduce, republish or distribute any of the content on the Website, or disclose the content to third parties, without permission in writing from us.
5. Privacy and Cookies
5.1 When you use the Website, we may collect personal information that may identify you, such as your name, IP address and contact details. We collect this personal information:
(a) from you directly when you submit personal information to us through the "Contact Us" feature on the Website. This information enables us to respond to your message – without it, we may not be able to respond or assist you in relation to your message; and
(b) from our third party providers (eg social media platforms that you have authorised to share your personal information with us, such as LinkedIn) so that we can manage and improve the Website. This information helps us (and our third party service providers (such as marketing advisors providing services to us)) to understand who is interested in our services and how our Website is being used.
5.2 In some cases, we may also need to share such personal information with third parties outside of New Zealand (e.g. where the information is held for us in third party systems based offshore). Where we do so, we will always ensure that the relevant recipient is required to protect your personal information in a way that, overall, provides comparable safeguards to those in New Zealand's Privacy Act 2020
5.4 Where we hold personal information about you, then you have rights to access and correct that information – you can exercise these rights by contacting our Privacy Officer at firstname.lastname@example.org.
6. Third party websites
6.1 Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by us. We do not monitor or maintain these websites. Responsibility for the content and privacy practices of third party websites rests solely with the owners of those sites.
6.2 We do not in any way endorse any website, organisation, or person who has off-site links to the Website and disclaim liability for any loss or damage arising in respect of any such website.
7.1 These Terms are governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
7.2 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
8. Contact us
8.1 If you have any questions about these Terms, the practices of the Website, or if you would like to give us feedback or notice, you can contact us in the following ways:
Phone: +64 9 912 1100
Post: PO Box 105292 Auckland 1143