Ardent Executive WEB Site Terms & Conditions
TERMS OF USE
This website ("Website") is owned by Ardent Executive Limited ("Ardent Executive"). Your use of this Website is governed by these Terms of Use. By accessing and browsing this Website you agree to be bound by these Terms of Use.
Ardent Executive has provided the material contained on this website in good faith. Ardent Executive does not represent or warrant that the material is reliable, accurate or complete, or that the service will be uninterrupted or error-free.
1. Definitions
In these Terms of Use, unless the context otherwise requires:
"Fees" means the fees payable for Products or Services as displayed on this Website from time to time.
"Intellectual Property" includes the design of, and all content appearing on this Website, trade marks (including logos), domain names, copyright, rights in computer software, databases and lists, confidential information, know-how and trade secrets and manuals, whether registered or unregistered.
"Organisation" means an organisation on behalf of whom an individual may become a Registered User or on behalf of whom access, or use, of this Website is made.
"Products" means the products you may obtain through this Website from time to time.
"Registered User" means any person who has correctly completed the Ardent Executive Registration Form and has received confirmation from Ardent Executive of that person's successful registration.
"Services" means the services you may obtain through this Website from time to time.
"Username" means a form of identification a Registered User of this Website may use, together with a password, to gain access to certain parts of this Website and certain information on this Website, which is accessible only by Registered Users.
"Ardent Executive Partners" means business partners of Ardent Executive that provide Products, Services and information through this Website from time to time.
"you" means:
• any person who accesses and uses this Website; and
• where an individual accesses or uses this Website for or on behalf of an Organisation, the Organisation for on whose behalf such access or use is made.
References to "your" have a corresponding meaning.
Where the context permits, references to a "person" include an individual, firm, company, corporation or unincorporated body of persons, any public, federal, state, territorial or regional authority, any government, and any agency of any government or of any such authority.
2. Authority to Bind Organisation
If you are accessing or using this Website for or on behalf of an Organisation, or are registering or have registered as a Registered User on behalf of an Organisation, you warrant that you have the appropriate authority and power to do so on behalf of the Organisation and are authorised to accept these Terms of Use on behalf of the Organisation.
3. Right to Use Website and Content
You may access, view, reproduce and print the content on this Website provided you use that content only for informational and non-commercial purposes. Any reproduction must include a prominent acknowledgement of the rights of Ardent Executive in the relevant content.
4. Registration, Password and Security Responsibilities
Certain Products, Services and information available through this Website and certain parts of this Website are available only to Registered Users.
To become a Registered User you must:
• Complete an Ardent Executive Registration Form and receive confirmation from Ardent Executive of your successful registration.
• Be over the age of 18 and have legal capacity to contract in New Zealand.
• Provide accurate, complete and current information on your Ardent Executive Registration Form.
Ardent Executive reserves the right to decline an application for registration at its absolute discretion. Registered Users will have a selected Username and password. If you are a Registered User of this Website, you will be responsible for all use of the Website through use of your Username and password and you are responsible for keeping your Username and password secure and secret.
The password you select should not relate to any readily accessible data such as your name, birth date, address and telephone number, driver's license or passport. Neither should it be an obvious combination of letters and numbers such as sequential or the same numbers. If you believe an unauthorised person knows your password, you must notify Ardent Executive immediately and change your password as soon as possible.
5. Purchase of Products and Services
If you wish to purchase any Products or Services directly through this Website or make any other payments to Ardent Executive through this Website, you will be required to agree to, and comply with the Ardent Executive terms and conditions of sale relating to such Products or Services and the Ardent Executive Payment Terms. You may be able to purchase a number of Products or Services displayed on this Website directly from an Ardent Executive partner in which case you may be required to agree to the terms and conditions of sale of that Ardent Executive partner and the payment terms and conditions of that Ardent Executive partner.
If you purchase any Products or Services through this Website, you will pay all Fees payable for any Products or Services at the time your request for those Products or Services is accepted by Ardent Executive. Ardent Executive reserves the right to amend any Fees from time to time and to adjust any Fees recorded on this Website if the Fees recorded are incorrect.
All payments for Products or Services through this Website are to be made in advance by direct debit to our bank account. All Fees are in New Zealand dollars and will have stated as to whether they are inclusive or exclusive of GST (being tax levied in accordance with the Goods and Services Tax Act 1985 and includes tax levied in substitution for such tax). You will pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).
6. Additional Terms
You may need to agree to additional terms and conditions for particular services, promotions or competitions which may be made available to you from time to time through this Website, prior to being able to use those particular services, promotions or competitions. Any such additional terms will be read in conjunction with these Terms of Use.
To the extent of any inconsistency between these Terms of Use and any additional terms and conditions, the additional terms and conditions will prevail in relation to the particular services, promotions or competitions to which those additional terms and conditions apply.
7. Your Responsibilities Regarding the Use of the Website
You agree to use this Website only for the purpose for which it is being provided. You agree not to use this Website for any improper, injurious, offensive or unlawful purposes. You agree not to damage or disrupt this Website.
You are responsible for making your own assessment of the suitability of this Website and the Products, Services and information available from this Website, for achieving your purposes. You should not rely on the material at this site or any linked site without making your independent assessment of the material and seeking professional advice.
The inclusion of links in this site is not intended as an endorsement or recommendation. Ardent Executive is not responsible for the material on third party sites or the copyright compliance of third party sites.
You are responsible for any actions you take based on Products, Services or information obtained through this Website, and all outcomes resulting from your use of those Products, Services or information.
You are responsible for providing all technology, hardware, software and telecommunication facilities in order to access and use this Website.
8. Intellectual Property
All Intellectual Property on this Website is owned by Ardent Executive, Ardent Executive partners or content suppliers for Ardent Executive. All copyright subsisting under the Copyright Act 1994 resides with Ardent Executive.
No part of this Website may be:
• distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or
• resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, extracts from the Website only for informational and non-commercial purposes use, without express prior written permission of Ardent Executive or, in the case of content owned by an Ardent Executive partner or content suppliers for Ardent Executive, the relevant Ardent Executive partner or content supplier's express prior written consent.
Any copying for fair dealing that is permitted under the Copyright Act 1994 must include a statement that the work is copyright owned by Ardent Executive. You acknowledge that the material and artwork on this website is the subject of copyright. You must not permit any act which infringes the copyright or remove or alter any proprietary notices in any way.
9. Content
Ardent Executive has endeavoured to ensure the content published or displayed on this Website is accurate. However, such content should not be attributed to Ardent Executive and the views expressed on this Website may not necessarily reflect the views of Ardent Executive. The placement of any advertisements on this Website does not constitute the recommendation or endorsement of the advertisement by Ardent Executive.
Although Ardent Executive has endeavoured to ensure the content on this Website is current, accurate and complete, Ardent Executive does not guarantee that such content will be current, accurate or complete when you access it. Ardent Executive will take action, within a reasonable period of time, to correct any error or inaccuracy which is brought to the attention of Ardent Executive.
10. Disclaimer
The information provided on this Website is for general guidance only. Users of the information contained on this Website must make their own assessment of the suitability and appropriateness of the Products, Services and information for their particular use.
Ardent Executive does not accept any responsibility for:
• the content, safety, description, worthiness, quality, or legality of any Products, Services or information you obtain from an Ardent Executive Partner whether or not it is obtained through this Website;
• any advice or information you receive from any Ardent Executive partner whether or not it is received through this Website; or
• any transaction you enter into with an Ardent Executive partner whether or not it is entered into through this Website.
• any computer viruses contained in documents stored in this web site – it is your responsibility to check any document you down load for computer viruses.
• unauthorised breach of web site security.
11. All Liability Excluded
To the extent permitted by law:
• all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Website or the content on, or accessed through, it, or any Products or Services obtained from the Website;
• Ardent Executive will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Website, or the content on, or accessed through, this Website; and
• Ardent Executive will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with any Products or Services obtained from this Website.
If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded or limited by the above. If you are using this Website or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.
The exclusions and limits set out in these Terms of Use will also operate for the benefit of the Ardent Executive partners, relevant suppliers, licensors and agents of Ardent Executive which Ardent Executive use to provide the Website.
12. Indemnity
You agree to indemnify Ardent Executive, Ardent Executive Partners, relevant suppliers, licensors and agents of Ardent Executive in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client base or otherwise) suffered or incurred by Ardent Executive as a result of any inaccurate or incomplete information provided by you to Ardent Executive or any breach by you of any of your obligations under these Terms of Use or any other applicable terms and conditions for other services, promotions or competitions on this Website (including any acts or omissions of your employer, contractors or agents).
13. Hyperlinking
If you wish to link to any part of this Website, you must obtain the prior written consent of Ardent Executive. Ardent Executive reserves the right to prohibit links to this Website and you agree to remove or cease any link upon request from Ardent Executive. You may not frame any part of the material on this Website by including advertising or other revenue generating material.
14. Third Party Websites
This Website may contain links to third party websites. These websites have not been prepared by and are not controlled by Ardent Executive. They are provided for your convenience only, and do not imply that Ardent Executive checks, endorses, approves or agrees with third party websites this Website links to. To the extent permitted by law, Ardent Executive has no liability in respect of any third party websites this Website links to.
15. Privacy Policy
The Privacy Policy governs the collection, use and disclosure of your personal information by Ardent Executive. The Privacy Policy forms a part of these Terms of Use.
Where you provide personal information to become a Registered User of this Website, or to obtain any Product, Service or Information through this Website, that personal information must be correct, complete and up-to-date when you provide it.
You agree to advise Ardent Executive as soon as possible if the personal information provided changes, or you become aware of any inaccuracy in the personal information you have provided. If you are providing personal information relating to any person other than yourself, you warrant that you are authorised to provide that information.
16. Cookies
Ardent Executive may use "cookies" to provide you with access to tailored information and services on this Website, and to serve you better when you return to it. A cookie is a small data file that the Website sends to your browser, which may then store it on your system for later retrieval by the Website. Cookies track your movements through different websites; they do not record any other personal information about you. Cookies are widely used on websites to help with navigation and to help personalise your experience when you visit a website.
Ardent Executive may use non-personalised statistics about the use of this Website to continually improve it and improve customer service. These statistics do not comprise personal information.
17. Compliance with Law
You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in relation to any of the Products, Services or information made available to you through this Website.
18. Termination
You may cease to be a Registered User at any time by requesting that Ardent Executive remove your registration and disenable your Username and password.
Ardent Executive may cancel your registration as a Registered User and disenable your Username and Password by giving you one month's notice or may do so immediately without notice if you breach any of these Terms of Use or any other applicable terms and conditions for other services, promotions or competitions on this Website.
If you cease to be a Registered User it will not affect any rights or obligations which have accrued by either you, Ardent Executive or any Ardent Executive Partner prior to you ceasing to be a Registered User.
19. Amendments
Ardent Executive may amend these Terms of Use from time to time so you should check and read these Terms of Use regularly. By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended terms of use.
20. Jurisdiction and Governing Law
This Website and content has been prepared in accordance with the requirements of New Zealand law. These Terms of Use and any matters or disputes connected with this Website will be governed by New Zealand laws and will be dealt with by New Zealand courts.
21. Contacting Us
If you have any questions or concerns in relation to the Website or these Terms of Use, please contact us