Terms of Trade
These terms of trade were last updated on 29th October 2010.
1 General
1.1 These terms of trade are standard for all customers of Not Alone, a division of Website Elves Limited. Please read these carefully as all users of our services will be bound by these terms, which may be modified from time to time without prior notice. Any amendments to our terms of trade will be published to our website.
1.2 Definitions
“We”, “Our” & “Us” refers to Not Alone, a division of Website Elves Ltd.
‘Customer’ means the person, firm, company or entity purchasing goods or services from Not Alone, a division of Website Elves Limited; OR the person, or representative from a firm or company viewing the Not Alone website.
‘Property’ means the sum of the services supplied.
“Services” refers to means all services provided by Not Alone, a division of Website Elves Limited to the Customer or at the Customer’s request.
2 Terms and Conditions Paramount
2.1 Except as expressly agreed in writing these terms of trade shall apply to and govern all dealings between Us and the Customer notwithstanding any statement to the contrary in any order or other document of the Customer.
3 Price
3.1 Prices listed on our website and in any of our documents are exclusive of GST and are in NZ dollars, unless specified otherwise. We reserve the right to change the fees charged for any of our services at any time, without notice.
4 Acceptance
4.1 All requests for In Memoriam Tributes, Death Notices and website advertising are subject to Our acceptance.
4.2 In Memoriam Tributes, Death Notices and Adverts will remain on the website until removed by us.
4.3 Subscribers to our Death and Funeral Notice Email acknowledge that they give Not Alone permission to regularly send communications in regards to Death and Funeral Notices. In addition to this, the customer also agrees that they may receive additional communication from Not Alone from time to time.
5 Confidentiality
5.1 Please refer to Our privacy policy as set out on Our website.
6 Provision of Services
6.1 We undertake to provide services with reasonable care and skill and to use all reasonable efforts to ensure the reliability of Our services at all times.
7 Payment of Services
7.1 Payment for all Services is required prior to the Services being rendered.
7.2 Fees for In Memoriam Tributes (and Death Notices if applicable) are payable by either PAYPAL or direct deposit. Fees for advertising are payable by direct deposit.
7.3 Payments made via credit card are done so via PAYPAL, so are covered by PAYPAL’s terms and conditions. Not Alone is not involved in the transaction itself, and responsibility for the transaction rests with the user – including any requirement to settle any dispute with the Credit Card payment company.
7.4 Not Alone will provide advance notification by email of the pending expiry of directory advertising (and display advertising of 3 months or longer duration) the 1st of the month prior to the expiry date. Any renewals that remain unpaid by the expiry date will be in default. In the event of default, the advert will be removed.
7.5 The Customer agrees that Not Alone has the right to delete all information that is displayed in the Customer’s advertisement if the Customer’s account with Not Alone is terminated, for any reason, by either Not Alone or the Customer.
7.6 The Customer acknowledges that any priority of the expired advert will be forfeited upon removal.
8 Liability
8.1 We shall in no way be liable to the customer for any damages, including consequential losses, loss in profits, resulting from or related to any failure or delay to provide services under this Agreement. Such delays or failures may include Acts of God, strikes, labour disputes, riots, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, computer hardware or software failure, data corruption, fire, inclement weather, accidents, terrorism, sickness, theft or vandalism, interruptions of, or delay in, transportation, or any other causes beyond our control.
8.2 Nothing in these terms and conditions shall affect the rights of the Customer under the Consumer Guarantees Act 1993 provided that if the Customer is, or holds itself out to be, acquiring the goods for the purposes of a business then the guarantees under the Consumer Guarantees Act 1993 are excluded.
8.3 We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.
8.4 It is the responsibility of the Customer to satisfy itself as to the condition, quality, suitability and fitness of services for any particular purpose and no representation, warranty or undertaking in relation to the goods or services has been or is made or given by or on Our behalf. We shall have no liability in respect of any defect arising from misuse, wilful damage, negligence, failure to follow instructions, unauthorised alteration or modification, abnormal working conditions or fair wear and tear.
8.5 All services provided by Us are provided in good faith on the basis of the information provided by the Customer. Where We are requested by the Customer to provide casual advice in conjunction with services then we shall have no liability whatsoever in relation to any such advice given and the Customer shall rely solely on its own judgment in connection with all such matters.
8.6 We shall have no liability arising from, and may correct at any time, any typographical, clerical or other error or omission in any sales literature, price list, quotation, invoice, communication or other document or information issued by it.
8.7 Responsibility for the content of advertisements appearing on the website (including hyperlinks to advertisers or websites) rests solely with the advertisers. The placing of advertisements on the website does not constitute our recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
8.8 Any arrangements between the Customer and any third party supplier that advertises products on or through this website (such as payment terms, delivery dates for products or services, warranties or representations associated with such products or services) are made between the Customer and the relevant third party supplier. Unless stated otherwise, Not Alone has no liability whatsoever in relation to these arrangements.
9 Ownership
9.1 This website and the content on it is owned or provided by Not Alone, a division of Website Elves Limited. Some of it is subject to copyright and other proprietary rights. You must not copy material that is subject to copyright from the site, without adhering to copyright law.
10 Termination
10.1 Without limiting any other rights or remedies available to Not Alone, we may choose not to display any information provided by you if you breach these terms and conditions or where we otherwise consider it appropriate.
10.2 In addition to our rights under the preceding clause we reserve the right to terminate all or any of the services at any time as determined by us.
11 Jurisdiction
11.1 The law of New Zealand applies to this agreement.
1 General
1.1 These terms of trade are standard for all customers of Not Alone, a division of Website Elves Limited. Please read these carefully as all users of our services will be bound by these terms, which may be modified from time to time without prior notice. Any amendments to our terms of trade will be published to our website.
1.2 Definitions
“We”, “Our” & “Us” refers to Not Alone, a division of Website Elves Ltd.
‘Customer’ means the person, firm, company or entity purchasing goods or services from Not Alone, a division of Website Elves Limited; OR the person, or representative from a firm or company viewing the Not Alone website.
‘Property’ means the sum of the services supplied.
“Services” refers to means all services provided by Not Alone, a division of Website Elves Limited to the Customer or at the Customer’s request.
2 Terms and Conditions Paramount
2.1 Except as expressly agreed in writing these terms of trade shall apply to and govern all dealings between Us and the Customer notwithstanding any statement to the contrary in any order or other document of the Customer.
3 Price
3.1 Prices listed on our website and in any of our documents are exclusive of GST and are in NZ dollars, unless specified otherwise. We reserve the right to change the fees charged for any of our services at any time, without notice.
4 Acceptance
4.1 All requests for In Memoriam Tributes, Death Notices and website advertising are subject to Our acceptance.
4.2 In Memoriam Tributes, Death Notices and Adverts will remain on the website until removed by us.
4.3 Subscribers to our Death and Funeral Notice Email acknowledge that they give Not Alone permission to regularly send communications in regards to Death and Funeral Notices. In addition to this, the customer also agrees that they may receive additional communication from Not Alone from time to time.
5 Confidentiality
5.1 Please refer to Our privacy policy as set out on Our website.
6 Provision of Services
6.1 We undertake to provide services with reasonable care and skill and to use all reasonable efforts to ensure the reliability of Our services at all times.
7 Payment of Services
7.1 Payment for all Services is required prior to the Services being rendered.
7.2 Fees for In Memoriam Tributes (and Death Notices if applicable) are payable by either PAYPAL or direct deposit. Fees for advertising are payable by direct deposit.
7.3 Payments made via credit card are done so via PAYPAL, so are covered by PAYPAL’s terms and conditions. Not Alone is not involved in the transaction itself, and responsibility for the transaction rests with the user – including any requirement to settle any dispute with the Credit Card payment company.
7.4 Not Alone will provide advance notification by email of the pending expiry of directory advertising (and display advertising of 3 months or longer duration) the 1st of the month prior to the expiry date. Any renewals that remain unpaid by the expiry date will be in default. In the event of default, the advert will be removed.
7.5 The Customer agrees that Not Alone has the right to delete all information that is displayed in the Customer’s advertisement if the Customer’s account with Not Alone is terminated, for any reason, by either Not Alone or the Customer.
7.6 The Customer acknowledges that any priority of the expired advert will be forfeited upon removal.
8 Liability
8.1 We shall in no way be liable to the customer for any damages, including consequential losses, loss in profits, resulting from or related to any failure or delay to provide services under this Agreement. Such delays or failures may include Acts of God, strikes, labour disputes, riots, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, computer hardware or software failure, data corruption, fire, inclement weather, accidents, terrorism, sickness, theft or vandalism, interruptions of, or delay in, transportation, or any other causes beyond our control.
8.2 Nothing in these terms and conditions shall affect the rights of the Customer under the Consumer Guarantees Act 1993 provided that if the Customer is, or holds itself out to be, acquiring the goods for the purposes of a business then the guarantees under the Consumer Guarantees Act 1993 are excluded.
8.3 We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.
8.4 It is the responsibility of the Customer to satisfy itself as to the condition, quality, suitability and fitness of services for any particular purpose and no representation, warranty or undertaking in relation to the goods or services has been or is made or given by or on Our behalf. We shall have no liability in respect of any defect arising from misuse, wilful damage, negligence, failure to follow instructions, unauthorised alteration or modification, abnormal working conditions or fair wear and tear.
8.5 All services provided by Us are provided in good faith on the basis of the information provided by the Customer. Where We are requested by the Customer to provide casual advice in conjunction with services then we shall have no liability whatsoever in relation to any such advice given and the Customer shall rely solely on its own judgment in connection with all such matters.
8.6 We shall have no liability arising from, and may correct at any time, any typographical, clerical or other error or omission in any sales literature, price list, quotation, invoice, communication or other document or information issued by it.
8.7 Responsibility for the content of advertisements appearing on the website (including hyperlinks to advertisers or websites) rests solely with the advertisers. The placing of advertisements on the website does not constitute our recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
8.8 Any arrangements between the Customer and any third party supplier that advertises products on or through this website (such as payment terms, delivery dates for products or services, warranties or representations associated with such products or services) are made between the Customer and the relevant third party supplier. Unless stated otherwise, Not Alone has no liability whatsoever in relation to these arrangements.
9 Ownership
9.1 This website and the content on it is owned or provided by Not Alone, a division of Website Elves Limited. Some of it is subject to copyright and other proprietary rights. You must not copy material that is subject to copyright from the site, without adhering to copyright law.
10 Termination
10.1 Without limiting any other rights or remedies available to Not Alone, we may choose not to display any information provided by you if you breach these terms and conditions or where we otherwise consider it appropriate.
10.2 In addition to our rights under the preceding clause we reserve the right to terminate all or any of the services at any time as determined by us.
11 Jurisdiction
11.1 The law of New Zealand applies to this agreement.
