Website Terms of Use

Bennetts Proactive Accountants Limited

This website belongs to Bennetts Proactive Accountants Limited [NZBN 9429040983103] (we, us or our). It is available at [www.bennettsproactive.co.nz] and may be available through other addresses or channels.

In some instances, Bennetts Proactive Accountants Limited (or our service providers) will use cookies, web beacons and other technologies to automatically collect certain types of information when you visit us online as well as through emails that we may exchange. Collecting this information allows us to customise your online experience, as well as improve the performance, usability and effectiveness of our online presence and measure the effectiveness of our marketing activities.

IP Addresses

An IP address is a number assigned to your computer whenever you access the internet. It allows computers and servers to recognise and communicate with one another. IP addresses from where visitors appear to originate may be recorded for IT security and system diagnostic purposes. This information is typically used in aggregate form to conduct website trend and performance analysis.

Cookies

Cookies will be placed on your computer or internet-enabled device whenever you visit our website. This allows the site to remember your computer or device and serves a number of purposes. In some cases, these cookies may be necessary for functionality. Other third-party tools and widgets, if used on our website, may place a cookie on your device to make their service easier to use, and ensure your interaction is displayed on our webpage properly. In our analytical reports, we may use cookies to obtain identifiers including IP addresses. This is to identify visitor trends, such as the number of unique visitors to our websites, what sites our visitors have come from and the geographic origin of those visitors. You can view, amend and clear these cookies in your internet browser settings but depending on what cookies you amend and/or clear, some features of our site may not display correctly. Further information about managing cookies can be found in your browser’s help file.

Website Terms Of Use

How you consent to these terms of use

If you access and/or use our site, you are taken to have agreed to these terms of use (Terms). Please read these terms carefully – if you don’t agree to them, then you must cease using our site immediately.

When we make changes to these terms of use

We may, at any time and at our discretion, vary these terms by publishing the varied terms on our site. We recommend you check our site regularly to ensure you are aware of our current terms. Materials and information on this site are subject to change without notice. We do not undertake to keep our site up-to-date and we are not liable if any content is inaccurate or out-of-date.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy sets out how we will collect and handle your personal information.

Your licence to use our site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our site in accordance with these terms. All other uses are prohibited without our prior written consent.

Conduct we don’t accept

When you use our site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our site, which we would consider inappropriate or which might bring us or our site into disrepute. This includes:

  • Anything that would constitute a breach of an individual’s privacy (including submitting or transmitting private or personal information without an individual's consent) or any other legal rights

  • using our site to defame, harass, threaten, menace or offend any person

  • interfering with any user of our site

  • tampering with or modifying our site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our site

  • using our site to send unsolicited electronic messages

  • facilitating or assisting a third party to do any of the above acts

Competitors are excluded from using our site

You are prohibited from using our site, including our content, in any way that competes with our business.

Information

Please note that our content is factual information only. It is not comprehensive and is for general information purposes only. Our content is not is not designed to be used as advice (tax advice or otherwise) and you cannot rely on it as such. We use reasonable attempts to ensure the accuracy and completeness of our content. We provide our content in good faith, make no representation or warranty in relation to it and are not liable for any loss arising from reliance on it.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our site, all of our content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property). Your use of our site and your use of and access to any content does not grant or transfer to you any rights, title or interest in relation to our Intellectual Property. Without our written authority, you must not:

  • copy or use, in whole or in part, any of our Intellectual Property

  • reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party

  • breach any intellectual property rights connected with our Intellectual Property, including (without limitation) altering or modifying any of our Intellectual Property, causing any of our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from our Intellectual Property

Content you supply

When you submit or transmit information and content (User Content) via our site or in other places where our site has been made available, you agree that you are solely responsible for this information and content. You represent and warrant that:

  • you are either the sole and exclusive owner of all information and/or user content or you have all rights, licences, consents and releases that are necessary to share with us this information and/or user content

  • neither the information or user content nor the submission or transmission of the information and/or user content or our use of the information and/or user content on, through or by means of our site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation

We do not endorse or approve and are not responsible for any information and/or user content submitted or transmitted to us via our site.

Third party sites

Our site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

What happens if we discontinue our site

We may at any time and without notice to you, discontinue our site, in whole or in part. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our site or our content, including (without limitation) that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose

  • access will be uninterrupted, error-free or free from viruses

  • our site will be secure

You read, use and act on our site and our content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Intellectual Property and/or any inaccessibility of, interruption to or outage of our site and/or any loss or corruption of data and/or the fact that our content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us and hold us harmless against any liability suffered or incurred by us arising from or in connection with your use of our site or any breach of these terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these terms and continues after these terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these terms.

Terminating these terms

These terms are effective until terminated by us which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these terms and limitations of liability set out in these terms will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from or in connection with these terms (Dispute), the party claiming there is a dispute must give written notice to the other party setting out the details of the dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the dispute or agree on the method of resolving the dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the dispute or (if the dispute is not resolved) agree on an alternate method to resolve the dispute, within 21 days after receipt of the notice, the dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If a part of these Terms isn’t right

If a provision of these terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these terms.

Which laws govern these terms of use

If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the New Zealand Consumer Guarantees Act 1993. When a guarantee under the Consumer Guarantees Act 1993 is breached, you may be entitled to a range of remedies. For the avoidance of doubt, nothing in these terms is intended to exclude, restrict or modify a consumer’s rights under the New Zealand Consumer Guarantees Act 1993.

Your use of our site and these terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand.

Our site may be accessed throughout New Zealand and overseas. We make no representation that our site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our site.

How to Contact Us

For any questions and notices, please contact us as follows:

Bennetts Proactive Accountants Limited
PO Box 32
Te Puke 3153
Email: admin@bennettsproactive.co.nz