General Terms and Conditions
Welcome to the makeovermasters.co.nz site. Please read our Terms and Conditions carefully as it contains all the legal requirements that you agree to when you use this Site (collectively, ‘Agreement’)
1. Use Of This Site Constitutes Acceptance Of These Terms And Conditions
(a) “MM” (Abbreviated to encompass Makeover Masters Ltd & makeovermasters.co.nz) also referred to as “we” and “us” may make changes to the information contained in this Internet site, or to the services described and contained therein, at any time and without notice.
(b) MM may from time to time change the rules that govern your use of this Internet site. Your use of this Internet site following any such change constitutes your agreement to follow and be bound by the rules as stated.
(c) MM may restructure; change; move or delete portions of, or may add to, this site from time to time; which may incur service and website suspension. (We will let you know either through email or through our internet newsletter about changes which you may be interested in, or which may affect you and will endeavour to give you an accurate date on when a new service or change will be made or become available to you.)
(d) MM may link to other sites; you agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify MM against any liability arising out of your accessing any linked site.
2. Use Restrictions
(a) All trademarks, service marks and trade names on this site, including without limitation “Makeover Masters” and the “Makeover Masters logos” alone and in combination are property of Makeover Masters Ltd. No use of these may be made without the prior written authorization of MM, except to identify the products or services of MM. The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property rights reserved by MM or other third parties. No license is granted with respect to these intellectual property rights.
(b) All materials, including images, illustrations, designs, icons, photographs, written and other materials appearing on this site (collectively, “Content”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MM collectively, and its third parties, subsidiaries and/or associates. This Internet site as a whole is protected by copyright.
(c) The Contents of this Internet site, and this site as a whole, is intended primarily for personal (non-commercial) use by the users of this site. You may download and or copy the Contents and other downloadable materials displayed on this site for your personal (non-commercial) use only, provided you do not share content with third parties or modify, obscure, or delete any copyright or other propriety notices on this site. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software.
(d) Commercial businesses wishing to link to, use, download or copy any Content provided by MM must apply in writing to obtain, if accepted, consent and prevent prosecution.
4. Communications & Submissions
(a) You agree that any and all communications, comments, feedback, postings, suggestions, ideas, designs, concepts and other submissions disclosed, submitted or offered to MM on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (“Submissions”), including, but not limited to, survey responses, shall be deemed and remain MM property.
(b) Such disclosure, submission or offer of any Submission shall constitute an assignment to MM of all rights, title and interests in all copyrights and other rights in the Submission. By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that MM may use information about you for marketing, product development and promotional purposes.
(c) MM is, and shall be, under no obligation to:
(i) maintain any Submission in confidence;
(ii) pay anyone any compensation for or in connection with the use of any Submission; or
(iii) respond to any Submission. You represent and warrant that no Submission by you will violate any rights by third parties, including, but not limited to, copyright, trademark, patent, trade secret, privacy or any other personal or proprietary right.
(d) By making any Submission through, in connection with or related to this site, you agree that MM has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or any other person.
(e) MM does not and cannot agree to consider or review Submission, and is not liable or responsible for the content of any material posted of this site by users. You are and shall remain solely responsible for the content of any Submission you make.
(a) The materials of this website have been solely directed at those who access this website from New Zealand. MM makes no representation that any information, service or product referred too on this website, are appropriate for use, or available, in other locations. Those who choose to access this website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
(b) Given the nature of our Services, including dependency on other people’s services, products and information, we cannot guarantee that the:
(i) Services will be faultless, immediate, continuous and virus-free; nor
(ii) information provided through the Services (“Information”) will be complete, accurate and up-to-date. MM has used all reasonable care and skill in compiling the content of this website but makes no warranty as to the accuracy of any information on this website and cannot be held liable for any errors or omissions. We will however make reasonable efforts to correct problems with the Services or the web site upon becoming aware of them. You can report any problems to us by emailing firstname.lastname@example.org.
(c) MM shall not be liable to any person for any loss, damage or injury which may arise from the use of any of the information contained in any of the materials on this website.
(d) MM shall not be held liable to any person or member for any loss, damage or injury as incurred by third party contact. All decisions and actions taken on contact with MM third party connections shall be deemed the responsibility of said person or member and any complaints should be directed to the third party in concern. (NB: Notice of any such problems may be emailed to email@example.com so we may make a decision as to whether we continue our association with the third party in question or not.)
(e) Material appearing on this website will include advertising and other material submitted by parties other than MM and this website will provide links to other websites operated by advertisers and third parties. It is the responsibility of such persons to ensure that such material and such websites comply with all relevant laws and regulations. To the full extent of the law, MM disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws and regulations. Any link to another site, and reference to third-party information, products or services linked to this site, is not, and should not be constructed as, an express or implied endorsement by MM. Any questions or comments relating to such other sites should be addressed to the orperators of those sites.
6. Warranties, Exclusions And Limits On Liability
(a) Except to the extent any (New Zealand) legislation prohibits or restricts the exclusion of the following, all warranties, representations and / or guarantees (whether express, implied or statutory) are excluded, including any warranty of merchantability, fitness for a particular purpose and freedom from computer virus.
(b) If you are accessing or otherwise using this web site for business purposes, you agree that the provisions of the Consumer Guarantees Act 1993 (the “CGA”) will not apply, to the extent contracting out is permitted by the CGA.
(c) If you are acquiring the Services for purposes other than business, the New Zealand Consumer Guarantees Act 1993 may apply. If the CGA applies, you will have other rights and remedies set out in that CGA which will apply in addition to or, to the extent inconsistent, instead of these Terms.
(d) In no event will we be liable to you or anyone else for the following things whether the claim is based on failure to comply with these Terms, negligence, contravention of any statute or any other form of action in connection with:
(i) failure of the Services including, without limit, any failure to be faultless, immediate, continuous and virus-free;
(ii) failure of the Information to be complete, accurate and up- to-date;
(iii) incidents, loss or damage caused by you (including your failure to comply with these Terms, misconduct, negligence or other default);
(iv) any access to, use of, or the inability to access or use any other web site which we hyperlink to;
(v) any use of or access to any other web site linked to this web site;
(vi) events beyond our reasonable control (including, without limit, those which are your responsibility, such as your reliance on the Information and outcomes of it);
(vii) loss of income, use, profits, savings, opportunity or data; and
(viii) consequential or punitive damages or loss.
(e) Ending Services. We may immediately suspend or end the Services on notice to you if: (i) you fail to comply with these Terms; or (ii) our ability to provide the Services ceases for any reason.
(f) Governing Law. These Terms have been developed based on the laws of New Zealand. The Services are intended for use by people who wish to find image help in New Zealand. Terms and any matters or disputes connected with the Services provided under them will be governed by the laws of New Zealand and you agree to submit to the non-exclusive jurisdiction of the relevant New Zealand courts.