First Franchise –Website User Terms
In addition, when you use any service from us, you will be bound by the rules, guidelines, policies, terms and conditions, which the Site indicates to you at the time as being applicable to our services. These Terms and Conditions may be changed at any time by us and any such changes will be notified on the Site.
Website User Terms
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"First Franchise", "we", "our" and "us" all mean Tereza Murray Franchising Limited (New Zealand Company Number: 7647356) trading as “First Franchise” out of New Zealand (and includes our group, affiliated, related or associated entities, and/or any officer, employee, contractor or agent of any of them).
"Force Majeure" has the meaning given in clause 9.3.
"Services" means the information and introductory services we provide on and through the Site.
"Site" means this internet website owned by First Franchise.
"Terms and Conditions" means these standard website user terms.
"Visitor", "you" and "your" all mean you as a visitor to the Site.
2 YOUR USE OF THE SITE
3 THE SERVICES
3.1 We may add new Services, remove existing Services or cease to supply existing Services, and change Services at any time without giving notice to you.
4 WARRANTY & GUARANTEES, LIMITATION OF LIABILITY
4.2 The Services including the material and information provided in the Site is supplied upon the condition that it will allow you to, and you will make, your own determination as to whether you will pursue any of the opportunities advertised.
4.3 All representations or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly allowed by or included in these Terms and Conditions or on the Site are expressly excluded, to the extent permitted by law. You acknowledge that you have not relied on any representation or statement made by us other than the express provisions of these Terms and Conditions, or any representation or statement on the Site.
4.4 Except as expressly provided in these Terms and Conditions, all warranties, descriptions, representations and conditions as to fitness or suitability for any purpose, tolerance to any condition, merchantability or otherwise, whether expressed or implied by law, trade, custom or otherwise are expressly excluded, to the extent permitted by law.
4.5 Our liability arising from, under or in respect of, these Terms and Conditions, or for a breach of them or for any misrepresentation, negligence or (howsoever occurring) for any loss, damage or injury (personal or otherwise) arising directly or indirectly from any defect in, failure or non-compliance of the Site and any Services supplied shall be limited to either (at our election) the redelivery of the Services or the sum of NZ$100.00.
4.6 Under no circumstances will we be liable to you or any other party for any form of special, indirect, consequential or punitive loss or damage of any kind or nature whatsoever, including (but not limited to), loss of profits or savings (including those anticipated), loss of use, loss of revenue or goodwill, business, custom or anticipated business or contract, or loss of data of any kind or nature whatsoever, or howsoever caused, whether through your use of the Site, the provision of the Services, providing us with any “personal information” or any other reason.
4.7 The Services material and information provided on the Site is supplied upon the condition that you will make your own determination as to whether the Services, any business opportunity advertised, the Site, and its content are suitable for your purposes. In addition, you must take your own precautions and have in place your own preventative and safety measures (such as anti-virus and anti-malware shields) against any potential threats to your internet-enabled device or computer caused by accessing this Site (e.g. from such things as computer viruses, malicious computer code or other forms of interference). We will not be liable to you in any way for such threats or damage and we will not be liable for any damages, losses or liabilities, costs or expenses whatsoever suffered as a result of your use of this Site (or inability to use it), reliance on the information on this Site or through directly or indirectly applying information on this Site or Services accessed or provided through it, including (but not limited to), any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure, or other technical issue. We will not be liable for any damages, loss or injury, including, (but not limited to), special or consequential damages that result from the use of or the inability to use, the materials or content in this Site.
5.1 The information and Services on the Site are provided for guidance only and are presented in good faith and believed to be correct as at the date on which they are prepared or posted. This information is provided on an “as is, where is” basis. Although we make every effort to ensure its accuracy, correctness and relevance, we have not verified the information and we make no warranties, guarantees or representations (whether express or implied) about the accuracy, completeness or relevance of this Site, its content or the content of any other web site "hypertext linked" to or from this Site and we will not be liable to you whatsoever for losses, costs, expenses, liabilities or damages you suffer and/or incur as a result of any errors, omissions, mistakes and/or inaccuracies in any of the information and/or Services.
5.2 As a condition of your use of the Site and access to the Services, you acknowledge and agree that:
• We operate only as an information portal (through the publication of advertisements, information and other promotional and lead generation materials) and introductory service for our suppliers and advertisers who present their business opportunities on the Site. As part of that service we introduce, refer and/or direct (by direct referral and or the provision of contact details) interested parties (including you if you so elect to) to those suppliers and advertisers in order to explore potential business opportunities. We have no involvement in any sale and/or negotiation process and we do not undertake any "real estate agency work" or "agency work" as defined under the Real Estate Agents Act 2008 and as such real estate agency work or agency work will not be provided by us as part of any Services.
• By posting information on the Site about any advertiser and/or their business opportunity should not be construed as an endorsement or recommendation by us for you to enter into a business arrangement with that advertiser and you must make your own assessment of the opportunity and if it is right for you and you should only do so after undertaking a thorough due diligence (see below) in relation to the business opportunity.
• We make no guarantee or warranty as to the accuracy of the information supplied to us by our suppliers and advertisers and posted on the Site.
• We require our that our suppliers and advertisers provide us with accurate information it is solely your responsibility to carry out your own due diligence and to verify all information, claims and representations made by the vendor and we strongly encourage you to seek professional legal, accounting and business advice ("due diligence") prior to entering into any binding legal arrangement with any of our suppliers and advertisers.
• In entering into any business arrangement with any of our suppliers and advertisers you do so relying on your own judgment, with acknowledgment of all disclaimers and warnings we have provided and with our recommendation to undertake your own due diligence and not on any information or Services provided by First Franchise.
• We may receive a fee from our suppliers and advertisers for any information/advertisement posted on the Site relating to the business opportunity listed.
6 INTELLECTUAL PROPERTY & USE OF MATERIALS AND SITE
6.1 Unless otherwise specified, we are the owner of all of the trademarks, copyright or other intellectual property rights in respect of the Site and the content and materials appearing on the Site, including the text, site design, logos, graphics, icons, button icons, audio clips, software and images, as well as their collection, assembly and arrangement. All content is copyrighted unless specifically noted otherwise. You are granted permission to electronically copy and to print hard copy portions of the Site's content for the sole purpose of using the Site as an information resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without our prior written permission is strictly prohibited.
6.2 The Site content and material is copyrighted and protected by world-wide copyright laws and treaty provisions (even if not stated) and is provided for lawful purposes only.
6.3 You may use the content of the Site only for the purposes of viewing, reading and exploring the opportunities advertised on the Site, and/or assessing the Services and for no other purpose (including commercial or business-related purposes). All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
6.4 Material from the Site and other sites owned, operated, licensed or controlled by us or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent. Doing so other than for your personal use directly violates our intellectual property rights.
6.5 We use a substantial number of trademarks and service marks on the Site, in connection with the supply of services through it. These trademarks and service marks may not be used or reproduced without our prior written permission.
6.6 You must not use the Site or its contents in breach of any relevant legislation or laws, or for any unlawful, wrongful or immoral act, or to damage or disrupt the working of the Site, and other website of ours or any third-party websites that are linked through the Site.
6.7 Unless otherwise stated, the information provided on our Site is based on information supplied by us and/or our advertisers, and is intended only as an introduction and guide to the business opportunities advertised and our Services. We can update the Site and/or its content at any time without notice. While we have and will use every effort to ensure that we have supplied current and accurate information, we cannot guarantee that the content and information (including any updates or changes to it) is always entirely free of errors and omissions. To the extent permitted by law, we do not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, (whether negligent or otherwise), contained in the Site's content.
7.2 If you visit and use the Site and access the Services, then we may collect, store and analyze the following information about your visit:
• The IP address of your device and the domain name from which you are accessing the Internet;
• The operating system and the browser your computer or device uses, and any search engine you are using;
• The date and time you are visiting the Site, your browsing behavior and the domain name of the page you visit after leaving the Site; and
• The content you review and the URLs of pages and other third-party sites you visit;
We use the information above to measure the number of visitors to different parts of the Site for various purposes relating to the provision of Services (such as our potential customer base and the effectiveness of our advertising).
7.3 Although we may publish aggregated information about usage patterns on the Site (for statistical and analytical purposes), we do not disclose information about individual devices or persons except for the reasons given below in this clause. We do not sell or provide information which identifies you personally. We may gather more extensive information if we are (reasonably) concerned, for example, about security issues. If we think it is necessary and reasonable, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.
7.5 The information we collect, track and share with third parties through cookies is aggregated and therefore anonymous (i.e. it does not include personal information which may personally identify you). The information may be used to send advertisements to you in relation to the Services when you visit the Site and/or third party websites.
7.6 The information generated by the Google Analytics cookie about your use of the Site is transmitted to, and stored by, Google on Google’s servers. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on your website activity and internet usage. Google will not associate your IP address with any other data held by Google.
7.7 You can delete cookies from your website browser at any time and also permit third parties to place or modify cookies on your computer or mobile device on our behalf. The third parties can use these "tracking cookies" (also called "third party cookies") to see if you have visited certain pages on Site or other sites, and may use them to present targeted advertisements to you as you visit other sites. These tracking cookies do not contain personal information (though they do identify the computer or mobile device you use to visit the Site) and you can configure your browser to reject tracking cookies.
7.9 Both us, our suppliers, and third-party advertisers may use web beacons in connection with the Site (and their websites). Some of our Site pages contain web beacons in the form of clear .gif files, which are electronic images that allow for the collection of non-personally identifiable information about your interactions on the Site. Web beacons may be used to place advertisements, to understand Site traffic patterns and the number of visitors to the Site, and to measure the effectiveness of advertisements or email messages.
8 APPLICABLE LAWS AND JURISDICTION
8.2 Except as otherwise described, all materials on the Site are made available only to provide information about the Site, and the Services to be supplied on the Site. The Site is controlled and operated by us, from our offices within New Zealand. We make no representation or warranty that the materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. We accept no liability whatsoever to you in respect of such matters.
8.3 If you choose to access the Site from outside of New Zealand, you are solely responsible for compliance with applicable local laws and we make no warranty or representation that the information complies with any laws, rules, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand. You indemnify us absolutely in respect of any liability arising for us as a result of your non-compliance with this clause.
8.4 You may not use or export the materials in the Site in violation of New Zealand laws and regulations.
9.1 If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions will remain unaffected.
9.2 Clause headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
9.3 If the performance of our obligations under these terms and conditions is prevented by reason or event of "Force Majeure" (which shall include prevention caused by fire, casualty, accident, act of God, natural disaster or occurrence, any law, order, proclamation, regulation, demand or requirement of any governmental body, strikes, labour disputes, shortage of adequate labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond our reasonable control) we shall be excused from such performance to the extent of such prevention.
9.4 From time to time we may vary these Terms and Conditions without notice. Please check these Terms and Conditions periodically for changes. Your continued use of the Site after such changes indicates your acceptance of those changes.
1.1 We may hold information relating to you that you have provided to us (including information provided when requesting further information from us about the Services we provide, any business opportunity advertised or when requesting that we direct/refer you through to any of our suppliers and advertisers)
1.3 This information may include, amongst other information, your name, address (including email address), telephone number, information on the type of Products you wish to acquire, plans, pictures and images (Information)
1.4 Your information may be held and used by us for a number of purposes connected with our business operations and functions, which include:
i) Processing your request for further information from us about the Services we provide, any business opportunity advertised or when requesting that we direct/refer you through to any of our suppliers and advertisers;
ii) Providing you with the Services;
iii) Dealing with requests, enquiries or complaints and other customer care related activities; and all other general administrative and business purposes;
iv) Carrying out market and product/service analysis and marketing our and our group companies [which includes our related companies (“group companies”)] products and services generally;
v) Contacting you (including by post, email, short text message (SMS), pager or telephone) about our and our group companies' products and services and the products and services of carefully selected third parties which we think may be of interest to you (unless you ask us in writing not to), where such contact is via electronic means, the electronic marketing messages we and our selected third parties send need not include an unsubscribe facility;
vi) Registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our and our group companies' loyalty or reward programmes and other similar schemes;
vii) Carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution; and
viii) Carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer
1.5 We may share your information with our group companies who may use and disclose your information for the same purposes as us.
1.6 We may also pass personal information, relating to you, for any particular purpose to certain third parties including:
i) Those who provide to us or our group companies products or services that support the Services that we provide, such as our suppliers and advertisers; and
ii) Those involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare your personal information with information collected from other sources and who may keep a record of the searches we make against your name; persons to whom we may be required to pass your information by reason of legal, governmental or regulatory authority; and anyone we transfer our business to in respect of which you are a customer or a potential customer.
1.7 If you wish to view our Site and use our Services abroad, your information may be transferred outside of New Zealand to that country. Our websites and those of our group companies may also be based on servers located outside of the New Zealand. Please note that the data protection and other laws of countries outside New Zealand may not be as comprehensive as the laws of this country.
1.8 The above clauses do not affect your rights under the Privacy Act 1993 and is not intended to limit or exclude your rights under the same.
1.9 Our Website may, from time to time, contain links to and from the websites of our group companies, suppliers, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.