Website Terms of Use

Last updated on August 2022

1. This website www.theequalgroup.co.nz (Site) is owned by Equal Group Holdings Limited (referred to on this Site as “we”, “our” or “us”). Your use of this Site is governed by these terms of use (Terms).  By accessing and browsing this Site you agree to be bound by these Terms.  If you wish to purchase any goods or use any of our services on this Site, you will be required to agree to the terms and conditions of sale for those particulars goods or services.

Right to Use Site and Content

1. You may access, view, reproduce and print the content on this Site, provided you only use that content for informational, non-commercial purposes, and any reproduction includes a prominent acknowledgment of our rights in the relevant content.

1. Additional terms may apply to certain features, parts, or content of the Site. Where they apply, those additional terms will be available at the relevant part of the Site and you may only use the relevant feature, part, or content in accordance with those terms.

1. We reserve the right to prohibit links to the Site, and you agree to remove or cease any link upon our request. All rights granted to you under these Terms will terminate immediately if you are in breach of any of them.

Disclaimer 

1. We will use reasonable endeavours to ensure the Site is available as much of the time as possible, but we cannot guarantee that it will be available all of the time. We do not guarantee that your access to, or use of, the Site will be uninterrupted, error-free, or virus-free. We reserve the right to modify, suspend or withdraw the Site at any time without notice to you.

1. While we try to make sure that all information on the Site is current, accurate, and complete, it is not intended to amount to advice on which reliance should be placed. The information is for general information purposes only and has not been prepared by taking into account the particular objectives, situation or needs of any individual users. You should exercise your own judgment before acting on any such information. To the fullest extent permitted by law, we will not be liable for any loss or damage incurred as a result of your reliance on any of the content on the Site.

1. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Site and its content.

Products and Services

1. You acknowledge that, despite our reasonable precautions, products and services may be listed at an incorrect price or with incorrect information due to an oversight or error. In these circumstances, we reserve the right to sell the product or service at the correct price or cancel your purchase. 

1. We have made every effort to display, as accurately as possible, the colours and images of our products that appear on the Site. However, we cannot guarantee that your device’s display of any colours and images will be accurate.

1. If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the 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 Consumer Guarantees Act 1993.

Third-Party Websites and Materials

1. This Site may contain links to third-party websites. These websites have not been prepared by us and are not controlled by us.  They are provided for your convenience only, and we do not necessarily check, endorse, approve or agree with third-party websites this Site links to.

1. The Site may also contain third-party advertisements. Advertisements are not recommendations or endorsements by us. You should refer to the relevant advertiser for information on its products and/or services.

Privacy

1. Our Privacy Policy is available on the Site and it governs the collection, use, and disclosure of your personal information by us. The Privacy Policy forms a part of these terms of use.

Security of Information

1. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.  Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information (except in relation to any personal information, the handling, and protection of which will be governed by our Privacy Policy). You should never share your secure information, password, or identifier with any other person.

Cookies 

1. We use cookies on our Site for session authentication purposes, as well as beacons, tags, and scripts to collect and track information and to improve and analyse our Site.

1. A cookie is a small data file that the Site sends to your browser or mobile device (as the case may be), which may then store it for later retrieval by the Site. A beacon or a tag is a graphic image that is placed on a website or an email and used to monitor the behaviour of the user visiting the Site.

1. If you reject cookies or beacons, you may still use our Site, but your ability to use some of its features or functionality may be limited.

1. [We also use analytics tools, such as Google Analytics services, to analyse non-identifiable traffic data relating to the use of our Site. For more information on how Google collects and processes this data, please refer to Google’s Privacy Policy (https://policies.google.com/privacy?hl=en).]

Forums

1. If this Site contains chat rooms, bulletin boards, or any other communication forums where user-generated content is created and published (Forums) you agree to only use the Forums to send and receive material and messages that properly relate to the particular Forum.  You further agree that when accessing a Forum you will not:

1. a) abuse, threaten, harass, stalk, defame, or otherwise violate the legal rights of other users of the Forums;
2. b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information;
3. c) upload files that contain information or software protected by intellectual property laws unless owned or controlled by you or used by consent of the owner;
4. d) upload files that contain viruses, corrupted files, or any other software or programmes that may cause damage to the computers of other users of the Forums;
5. e) advertise, or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters; and
6. f) engage in, or solicit or procure the engagement in, any other conduct that is similar to the foregoing.

1. You acknowledge and agree that Forums are public communications and that communications by other users are not endorsed by us and have not been reviewed, screened or approved by us.

1. We, at our sole discretion and without notice, reserve the right to remove any content from the Forums and to deny any user access to this Site or any portion of it.

Indemnification

1. You agree to indemnify, hold harmless and defend us and our affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your use of or conduct on this Site, or from any content or messages posted or transmitted by you on or through the Site. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

Service

1. In order to use this Site, you are responsible for obtaining access to the internet and paying any service fees associated with that access.

Additional Terms

1. You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this Site, prior to being able to obtain or participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these terms of use.  In the event of any inconsistency between these terms of use for this Site and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail. 

Intellectual Property

1. All intellectual property on this Site including (without limitation) the text, graphics, copyright works, and trademarks, is owned by us (or by third-party content suppliers). We are the exclusive owner of all rights in the compilation, design and layout of this Site.

Amendments

1. We may amend these terms of use from time to time, and you should check and read these terms of use regularly. If we do amend these terms, we will post the revised version on the Site with an updated revision date.  If we make material changes to these terms, we will also post a prominent notice on the Site.

Jurisdiction and Governing Law

1. These terms are governed by the laws of New Zealand.  The parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters relating to this agreement.

Contacting Us

1. If you have any questions or concerns in relation to the Site or these terms of use, please contact us at support@theequalgroup.co.nz