Website Terms & Access

We thank you for visiting our site and aim to make the information relevant and interesting to visitors and clients.

Application of conditions

By accessing the marketSMARTS website you agree that these terms and conditions apply to your use of the website and the information in it.

1. Changes to Terms and Conditions

We may add to, remove or change these terms and conditions from time to time. We are unable to inform everyone when changes are made and therefore your continued use of the website will indicate your acceptance of the changes. If you do not wish to accept them, you must not access the website.

2. Copyright and other Intellectual Property

Any materials that are copyrighted or trademarked are protected under copyright and other laws of New Zealand, and under international conventions and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published on the website belongs to marketSMARTS.

The name and logo of marketSMARTS and corresponding SMARTS products are pending trademark and cannot be used without the permission of the owner in writing.

For any material on this website that is identified as being subject to copyright of a third party, authorisation to use or reproduce such material must be obtained from that copyright holder.

3. Website Information

The information contained on our website is for general information and use only. We make every effort to ensure that the content of the website is up to date and error-free, but we do not give any guarantee or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content. This content is not a substitute for commercial judgement and you should not rely solely on this advice without taking into account other information relevant to your circumstances.

4. Responsibility for Loss

To the full extent legally allowable, we disclaim all responsibility for damages or losses (including financial loss, loss of revenue, loss of profits or savings, indirect or consequential losses) arising in contract, tort (including negligence) or otherwise from your use of, or inability to use, our website. This disclaimer also applies to any material appearing on our website, or from any action or decision taken as a result of using our website.

5. Links

The website contains links to other websites for information purposes and to help you make informed decisions. We do not accept any responsibility or liability in relation to any content or advice you follow from these other websites. We require you to obtain our permission before linking to our website. If you would like to link to our website, please email your request to janice@marketsmarts.co.nz

6. Viruses

We take all reasonable reasonable steps to prevent the introduction of viruses or other destructive materials to our website, but do not guarantee that the service or materials on the site is always totally free of destructive features. We will not be liable for any damages or harm attributable to such features. If you rely on any materials available through this website, you do so solely at your own risk.

7. Changes to Website

We may change the website from time to time. We reserve the right to change, modify, suspend or discontinue any or all parts of our website at any time. We also reserve the right at any time to charge or increase fees for access, or use of materials appearing on the site.

8. Site Access

Access to our website may be interrupted, restricted or delayed from time to time and we endeavour to keep this at a minimum. However, we will not be liable for damages or refunds in these circumstances.

9. Complaints

If we have let you down in any way please contact us on complaints@marketsmarts.co.nz or write to us at…

marketSMARTS Complaints
PO Box 22262
Khandallah 6035
Wellington

10. Communications

Any communication from us to you will be sent to your email address via an unsecured Internet connection. Consequently, the confidentiality of emails cannot be guaranteed. However, we will not use email to send personal information unless you specifically request us to do so.

11. Applicable Law

These conditions and any agreements with marketSMARTS arising from our website are deemed to have been made in New Zealand and are governed by New Zealand law. Any dispute relating to our terms and conditions or any relevant agreement shall be referred to the New Zealand courts and the New Zealand courts shall have jurisdiction to hear and determine any such dispute.

12. Consumer Guarantees

The disclaimers and limitations of liability set out in these terms and conditions do not effect your rights under the Consumer Guarantees Act 1993, nor are they intended to exclude liability arising under statute.

13. Other Conditions

Further conditions apply to your use of marketSMARTS services and products which will be sent to you by email upon starting any project or programme. Your acceptance of our conditions and the further conditions applicable to the our services constitutes an agreement made between you (the customer) and us (marketSMARTS) for the use of our material and services.

14. Inaccurate information

All information provided to us must be complete and accurate. If your circumstances or information changes, you will be responsible for providing us with the updated information. We cannot be held liable for any loss, damage or consequence as a result of inaccurate or incomplete information we receive from you.

15. Privacy

Any information you provide us about your business through the course of our relationship with you will be held securely and in accordance with our Privacy & Security policy. The information won’t be disclosed, unless you’ve agreed to this or the law requires us to disclose. Under the Privacy Act 1993 you have the right to request access to your information and to ask for it to be corrected if wrong.

We will use information you supply to improve our website or marketing services, and at times to supply you with information about other products and services that may be of interest to you.

By accepting these conditions you also agree to accept the terms of our Privacy & Security Policy.