T&Cs | Happy Prime

TERMS AND CONDITIONS

1. Terms and Conditions

1.1 These Terms and Conditions (Terms) apply to your use of the Happy Prime Consultancy Limited (Happy Prime, we, us, our) website. By accessing and using our website, you acknowledge that you have read and understood these Terms, as amended from time to time, and agree to be bound by them.

2. Variations to Terms

2.1 We may change these Terms at any time by uploading revised Terms on our website. Unless stated otherwise, any change takes effect immediately.

2.2 We do not have to notify you of any changes to these Terms. You are responsible for ensuring you are familiar with the latest Terms, so you may want to check these Terms from time to time to see if it has changed.

2.3 By continuing to access and use our website, you agree to be bound by the revised Terms.

2.4 These Terms were last updated on 31 July 2023.

3. Your Obligations

3.1 You may only use our website to learn about us and our business partners, and the products and services we offer from time to time. You must not use our website, or introduce anything to our website, that in any way compromises, or may compromise, our website or otherwise attempt to damage or interfere with our website.

3.2 Where you have provided information to us, you agree to provide true, current, and complete information. If there are any changes to the information you have provided to us, you will promptly contact us to update that information so the information remains true, current, and complete.

3.3 You must not imply any endorsement by or relationship with us unless we give you written permission to do so. If you wish to establish a link to our website, please email us at inquiries@happyprime.co.nz. We reserve the right to withdraw any linking permission granted.

4. Intellectual Property Rights

4.1 We own, or have the right to use, all content, functionality and intellectual property displayed on our website (Intellectual Property), unless we tell you otherwise. This includes, but is not limited to, all data, trademarks, text, graphics, artwork, logos, icons, images, and videos displaying on our website from time to time.

4.2 You agree that you will not do anything which is inconsistent with our rights, whether existing now or in the future, in the Intellectual Property (Intellectual Property Rights).

4.3 If you give us any ideas, comments or suggestions regarding our website, all Intellectual Property Rights in that feedback, and anything created due to that feedback, are owned solely by us. We may use or disclose the feedback for any purpose without further reference to you.

5. Personal Information

5.1 You acknowledge and accept that we may collect, hold, and use personal information about or from you in accordance with the terms of our Privacy Notice. Our Privacy Notice is displayed separately on our website. We encourage you to read our Privacy Notice.

6. Limitation of Liability

6.1 We are not liable or responsible to you or any other person for any loss, including loss of profits, and any other damage, liability, and cost, including legal costs on a solicitor and own client basis (Loss) in connection with these Terms, our website or your access and use of the Website. This applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. In particular:

(a) We will take all reasonable steps to provide you with uninterrupted access to our website but you acknowledge that there may be times when our website, or parts of our website, may not be available or free from errors or bugs. When this occurs, we will take reasonable steps to restore your access and/or fix the errors or bugs as soon as reasonably possible. We have no liability or responsibility to you or any other person for any Loss in connection with your inability to access or use our website.

(b) Your access and use of our website is at your own risk. While we will take all reasonable steps to ensure that our website is free of viruses and other harmful features, we have no liability or responsibility to you or any other person for any Loss in connection with any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use our website. You are responsible for ensuring the process by which you access and use our website protects you from this.

(c) While we take all reasonable steps to ensure that the information contained in our website is accurate and up to date, we have no liability or responsibility to you or any other person for any Loss in connection with any error in or omission of or use of any information made available through our website.

(d) Our website may contain links to third party websites. We do not operate these third party websites and any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators. We have no liability or responsibility to you or any other person for any Loss in connection with the above.

6.2 We make no representation or warranty of any kind, whether express or implied, to the extent permitted by law. This includes any warranties that our website is appropriate for your intended purposes or as to performance.

6.3 All content displayed on our website is intended to be general information only. Please contact us to discuss your specific situation with us.

6.4 If we are found to be liable under these Terms, at all times our maximum aggregate liability whatsoever under or relating to these Terms is capped at $1,000 for any event or series of events.

6.5 Neither party is liable to the other under or in connection with these Terms for any loss of profit, revenue, savings, business, data, goodwill or indirect, incidental, or special damage or loss of any kind.

6.6 To the extent permitted by law, the Consumer Guarantees Act 1993 does not apply to your access and use of our website or these Terms.

7. Breach

7.1 In you are in breach of these Terms, we have all rights to decide whether we wish to take action for such breach, and if so when and how.

7.2 You will indemnify us from and against all Loss we suffer or incur as a result of your failure to comply with these Terms.

8. Interpretation and General

8.1 These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of New Zealand courts in relation to any dispute or proceeding arising out of these Terms or our website. Notwithstanding this, if there is a dispute, the parties agree to communicate with each other and use reasonable endeavours to resolve the dispute through good faith negotiations before taking the matter to the courts.

8.2 If we choose not to enforce any of the provisions in these Terms, this does not mean we waive our rights in relation to this and will not enforce the provision later.

8.3 The invalidity of any part of these Terms will not affect the enforceability of the rest of these Terms.

8.4 All notices and other communications required or permitted under these Terms will be by email unless agreed otherwise. The notice is deemed given when it has been sent to the other party.

8.5 These Terms set out everything agreed by the parties relating to your use of the website and supersede and cancel anything discussed, exchanged, or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.