THELOFT.LEGAL Website Terms of Use

 

By accessing and using www.theloft.legal (the Website) you agree to be bound by our General Terms of Use and Privacy Policy (together Website Terms), as set out below.  You confirm that you have read, and that you agree with, our Website Terms.  If you have not, or if you do not accept our Website Terms, please do not use the Website.

 

Our Website Terms may be amended from time to time and it is your responsibility to regularly check this section on the Website to ensure you are aware of our current Website Terms.  By continuing to use the Website, you agree to be bound by the amended Website Terms. 

 

General Terms of Use

LAST UPDATED: 19 May 2015

 

1.  Definitions

1.1  “Content” means any data, information, pictures, graphics, software, videos and other material used, displayed or available on the Website.

1.2  “IP Rights” means any trade marks, copyright and all other intellectual property rights in Content used, displayed or available on the Website.

2.  Operation and Use of the Website

2.1  The Website is intended as a venue for us to advertise our services and where you can peruse the Content on our Website and engage our services.

2.2  When using the Website you agree you will not use the Website in any manner that is unlawful or prohibited by our Website Terms. 

2.3  Without limiting clause 2.2, you agree that you will not (directly or indirectly):

a.  defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy) of others;

b.  hack into any part of the Website through password mining or other means;

c.  commit or encourage a criminal offence;

d.  impersonate any other person, or forge any material in order to disguise the origin of any Content or communications sent through the Website;

e.  transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us, or harvest information about other users in order to transmit or facilitate the transmitting of such materials;

f.  attempt to modify, reverse engineer or reverse-assemble any part of the Website;

g.  breach any applicable laws or regulations; or

h.  engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches our Website Terms or is otherwise inappropriate for the Website.

3.  Intellectual Property

3.1  You acknowledge that we are the proprietor or the authorised licensee of the IP Rights in any Content used, displayed or available on the Website.  No Content may be copied, modified, reproduced, published, transmitted or otherwise used without our prior written consent.

3.2  Where you provide Content for inclusion on the Website you:

a.  grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide licence to use the Content; and

b.  warrant and represent that you are the owner or licensee of such Content and that you have the right to provide such Content for the Website and to grant the licence set out above.

3.3  We reserve the right to, and you agree that we may, republish any Content on the Website in other avenues such as other websites, social media, search engines, print or other media as we may determine from time to time in our absolute discretion.

4.  Links to Third Party Sites

4.1  The Website may include links to other websites not owned by us.  If you visit a linked website you will be subject to the terms and conditions of that website and any dealing will be solely between you and that other website.  These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on our Website.

4.2  The Website may be linked to various social networking sites, including Facebook and LinkedIn.  You acknowledge and agree that:

a.  any comments or content that you post on such social networking sites through a link provided on the Website are subject to the terms and conditions of the social network site that you post the comments or content on; and

b.  we are not responsible or liable for any comments or content you post on social networking sites.

5.  Content

5.1  We make every effort to ensure all Content on the Website is correct, accurate and appropriate.  If you believe that any Content on the Website is incorrect, inaccurate or otherwise inappropriate please notify us and we will review the Content.  Where we consider appropriate, we will take steps to remove it or have it updated or corrected.

5.2  We do not warrant or guarantee:

a.  the accuracy or correctness of the Content on the Website;

b.  that the Content will be free from viruses (including malware or spyware) or other destructive properties; or

c.  that the operation of the Website will be uninterrupted or error free,

and to the fullest extent permitted by law, we will not be liable for any loss or damage arising directly or indirectly from the above.  You acknowledge that the risk as to the operation and performance of the Website and the accuracy and adequacy of the Content on the Website lies with you.

6.  Indemnity

6.1  You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:

a.  your breach of any of our Website Terms;

b.  any reliance by you on Content on the Website or any link to a third party website;

c.  any comments or content about us or the Website that you post on social networking sites; or

c.  any technical errors or corruption of data on the Website.

7.  Changes to Website

We may at any time without notice remove or amend any of the Content on the Website or cease operating the Website in whole or in part.

8.  Severable Terms

If any portion of our Website Terms is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.

9.  Applicable Law

9.1  Our Website Terms are governed by and will be construed in accordance with the laws of New Zealand and Australia, as may be applicable.

9.2  You submit to the exclusive jurisdiction of the courts of New Zealand and the courts of the Commonwealth of Australia, as may be applicable.

 

 

Privacy Policy

LAST UPDATED:  19 May 2015

 

We are dedicated to ensuring your privacy is protected.

 

Here you will find how we collect, use and disclose your personal information, and how you can correct or change it.  This Privacy Policy should be read in conjunction with our General Terms of Use.

 

You agree and confirm that you have read and accepted our Privacy Policy.  If you have not, or if you do not accept our Privacy Policy, please do not use our Website.  By using our Website you agree to the use and disclosure of your personal information as set out in this Privacy Policy.

 

We may update this Privacy Policy from time to time.  You should check from time to time to see if the Privacy Policy has changed. By continuing to use the Website, you agree to be bound by the amended Privacy Policy. 

 

1.  Collection of Personal Information

1.1  We collect information about users of the Website.  This information includes:

a.  personal information provided by you, including for enquiries you submit on the Website;

b.  information collected by us through click tracking in relation to your use of the Website;

c.  aggregated data, which tracks traffic to the Website; and

d.  “cookies”, which are pieces of information transferred to your computer hard drive for record keeping (more information about “cookies” is provided further below).

1.2  By allowing us to use your personal information, we are able to provide you with the relevant services you require.  Failure to provide personal information when requested may result in certain functions of the Website not being available to you.

2.  Disclosure of Personal Information

2.1  We will take all reasonable steps to ensure that your personal information is not disclosed to, or accessed by, third parties or unauthorised persons.

2.2  Sometimes we are required to disclose your personal and confidential information to various people and organisations in order to provide you with our services or with a fee estimate for providing services to you. You authorise us to disclose your personal and confidential information where we consider necessary to do so for this purpose.

3.  Advertising and Links

3.1  Our Website contains links to other sites, which may not follow the same privacy policies as us.  We recommend that you check any relevant privacy policies before providing your personal information to any third party.

3.2  Our Website is linked to various social networking sites.  Your personal information may be accessed and viewed by users of those sites.  You acknowledge and agree that we are not responsible for protecting your personal information on these sites.

4.  Cookies and Tracking

4.1  By accessing the Website, some anonymous information such as your IP address, PC platform (Windows, NT or Mac), Browser (e.g. Microsoft, Netscape or other, plus the version of Browser) and domain (whether you are accessing the site from New Zealand, Australia or elsewhere) date and time may be recorded in a “cookie” file.

4.2  We may use the information generated by "cookies" to:

a.  track traffic patterns to and from the Website including information like the pages you visit, the time you spend on each page, the date and time of your visit, and referring pages (pages you came from or go to); and

b.  ensure advertising is being shown to the most appropriate person and limit the frequency of display for certain advertisement formats.

4.3  You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive.  You do not need to have cookies turned on to use the Website, but you may need them for customisable areas of the Website.  If your cookies are turned off we will not have any control over the frequency of display of certain formats.  This could affect your experience of the Website.

5.  Further Information

If you require any further information, have a complaint regarding this Privacy Policy or you wish to change or update your personal information, please contact us.

 
 
Loft Legal Intellectual Property Law Specialist

© 2015 - 2016 by THELOFT.LEGAL

  • LinkedIn Social Icon