Terms and Conditions of use of Strategic Pay Online Services

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1. Application and acceptance of Terms

1.1 These terms and conditions (the Terms) apply to any person accessing, providing content for, making purchases from or otherwise using any online service offered by Strategic Pay Limited and its related companies, successors and assigns (Strategic Pay) including (without limitation) the Strategic Pay website, subscriber-only content, online surveys and order forms for the purchase of goods or services from Strategic Pay (the Online Services).

1.2 By viewing, participating in or otherwise using any Online Service, you are deemed to agree to these Terms without qualification.

1.3 Strategic Pay may amend or replace any or all of these Terms at any time without notice to you by publishing an amended version of these Terms on the Strategic Pay website. By continuing to use any Online Service, you are deemed to agree to the amended Terms.

2. Online Purchases

2.1 Where you purchase any goods or services from Strategic Pay using an Online Service, the payment terms specified on any order form or otherwise in relation to those goods or services will apply. Unless otherwise specified, full payment in advance is required for all online purchases.

2.2 Strategic Pay reserves the right to amend its charges for any Online Service at any time.

3. Use of Online Services

3.1 You represent and warrant that:

3.1.1 any data you submit to Strategic Pay is complete, accurate and up-to-date;

3.1.2 where you disclose personal information to Strategic Pay relating to any person other than yourself, you are authorised to disclose that personal information to Strategic Pay;

3.1.3 you will not use any Online Service for any unlawful or prohibited purpose or in any manner which may restrict or interfere with the operation of the Online Service by Strategic Pay or the use of the Online Service by any other person; and

3.1.4 you will not use or allow any website owned and/or operated by Strategic Pay to be used in any way that infringes any intellectual property or other rights of any third party.

3.2 Strategic Pay may restrict the access of any subscriber-only content to nominated individuals. You undertake to ensure that any secure login details provided by Strategic Pay for individual use are used only by the individual to whom they are provided, are securely stored, and are not disclosed to or used by any other person without the express consent of Strategic Pay.

3.3 You indemnify Strategic Pay for any loss or damage suffered in relation to your use or misuse of any Online Service, any infringement of third-party rights in relation to content or data submitted by you, or any breach by you of these Terms.

3.4 The Online Services may include links to third-party materials. Strategic Pay will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you as a result of you accessing, using, relying on or trading with any party through a linked site. The inclusion of any link does not imply that Strategic Pay endorses or has any association with the operator of the linked site.

3.5 Strategic Pay will not provide financial, legal or other professional advice as part of any Online Service, and no material made available to you through any Online Service will be construed as such advice, or relied upon in any way.

3.6 The Strategic Pay website may use “cookies” which are small amounts of information stored on your computer by our website server. These “cookies” identify your browser but do not identify you personally and no sensitive information is stored within this website.

4. Copyright

4.1 The contents of all Online Services and any materials purchased via Online Services (including, without limitation, remuneration reports, workshop materials, resources, tools, and any other material produced by or on behalf of Strategic Pay) are the copyright of Strategic Pay.

4.2 No part of any Online Service or any materials purchased from Strategic Pay may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it into any other work or publication (whether in hard copy, electronic, link or any other form) without the prior written consent of Strategic Pay.

4.3 No part of any Online Service may be reproduced, transmitted or stored (including in any other website or electronic form) except that you may print, or download to your hard drive, extracts from the website for your own personal use. You may not remove or alter any trademarks, logos or other content of any Online Service or material or reports purchased from Strategic Pay.

4.4 Remuneration reports and other materials purchased from Strategic Pay are for the use of the purchaser only and may not be reproduced, transmitted or otherwise disclosed to any third party without the prior written consent of Strategic Pay. Strategic Pay reserves the right to assign unique identifying codes or marks to such materials for the purposes of enforcement of these Terms.

4.5 Where you upload, post, input or otherwise submit information to Strategic Pay, you grant Strategic Pay a world-wide, non-exclusive, royalty-free, irrevocable licence to use that information in connection with the operation of its business including (without limitation) the right to reproduce, modify, publish, adapt or otherwise use that material, provided that remuneration data submitted by you as part of any survey will not be published in any way that may identify you as the submitter of that data.

5. Availability of Online Services

5.1 Strategic Pay reserves the right to make any Online Service unavailable without notice at any time for any reason. Strategic Pay will not be liable for any loss or damage resulting from any interruption or suspension of any Online Service.

5.2 Strategic Pay may terminate your access to any Online Service at any time, for any reason and without compensation to you.

6. Disclaimer

6.1 Unless otherwise specified by us, Strategic Pay does not warrant or guarantee that the content of any Online Services will be current, accurate or complete when you access that Online Service. You must make your own assessment of the suitability of such material for any intended use and must not rely on any such information without the prior written consent of Strategic Pay.

6.2 You use the Online Services at your own risk. Strategic Pay is not liable for any direct, indirect, special, consequential, punitive or exemplary damages of any kind whatsoever, including any lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from the use of any Online Service, whether foreseeable or not.

6.3 To the extent that Strategic Pay is held liable for any loss or damage relating to any Online Service, the liability of Strategic Pay is limited to the amount paid by the customer for the Online Service to which the claim relates during the period of one calendar month preceding the date on which the claim is notified to Strategic Pay.

7. Retention and use of information

7.1 Strategic Pay may retain any information submitted in relation to any Online Service for as long as Strategic Pay deems necessary or appropriate for its business or activities. Any such information retained by Strategic Pay will be securely stored and used only in accordance with these Terms (as amended from time to time).

8. Privacy and data protection

8.1 Strategic Pay may collect personal information about you through your use of the Online Services, including registration details, use and access information and information provided by you as part of any surveys. You consent to the collection of such information as a condition of use of the Online Services.

8.2 Strategic Pay will collect, store, and use personal information in accordance with the Privacy Act 1993 and with the privacy policy of Strategic Pay.

8.3 If you have any queries or concerns in relation to your personal information, please contact our privacy officer at info@strategicpay.co.nz.

9. Commercial electronic messages

9.1 By providing your personal contact details to Strategic Pay, you consent to receiving commercial electronic messages from Strategic Pay and its associates. You may revoke your consent to unsolicited commercial electronic messages at any time by notice in writing to the sender or using “unsubscribe” facilities.

10. Consumer Guarantees Act

10.1 The Consumer Guarantees Act 1993 does not apply to the use of any Online Services where you acquire, or hold yourself out as acquiring, those Online Services for the purposes of a business.

11. General

11.1 Subject to any terms that may be implied by law, these Terms form the entire agreement between the parties in relation to the provision and use of the Online Services.

11.2 These Terms are governed by and will be construed in accordance with New Zealand Law, and the parties submit to the exclusive jurisdiction of the courts of New Zealand in relation to any claim arising in relation to these Terms.

11.3 If any provision of these Terms is contrary to any applicable law and as a consequence is illegal, invalid or unenforceable, then:

11.3.1 Where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result; and

11.3.2 In any other case the offending provision must be severed from these Terms, in which event the remaining provisions of these Terms operate as if the severed provision had not been included.

11.4 The failure of Strategic Pay to enforce any provision of these Terms will not be treated as a waiver of that provision, nor will it affect the right of Strategic Pay to enforce that provision in the future.