Terms & Conditions

Site User Agreement - www.getfrank.co.nz

This agreement governs your use of this site and all relationships which arise from that use.

1. DEFINITIONS

"user" is you and all users authorised by you or using the same email address as you , jointly and each of you severally.
"here" means "on this web site".
"we" or "us" and like words are defined in clause 4 below.
 
2. RELATIONSHIPS

You agree that (a) neither we nor any information here is ever your provider advisor or fiduciary and you have no provider-client relationship of any sort with us and you will not act or alter your position relying on any information here; (b) we are never your agent, partner, joint venturer, or contractor.

You agree that no communication here from another user creates a provider-client relationship with us; that we are not responsible or liable to you or any person in any way for any information provided by any third party here. You agree that we neither create nor prevent the creation of nor intervene in any provider-client relationship.

You accept responsibility (a) to make prior conflict checks and other prudent checks before agreeing to any engagement arising out of any communications through this site; (b) for the entire relationship with any other user with whom you communicate whether or not that user is or becomes your client or you become that user’s client.

3. USE OF THE WEB SITE

You agree: (a) that you are over 18 years of age and entitled to enter contracts through menzedge; (b) not to hold us responsible for any dealing here with a minor, bankrupt or other person without capacity; (c) that we may rely for all purposes on information you supply us; (d) never here to mislead any person or break any law; (e) to accept limitations of providers' practice rules and codes; (f) to do nothing that would bring yourself, us or this web site into disrepute; (g) that we may cancel your right to use the site any time (our policy is not to do so except after email notice); (h) that we may discontinue the website or alter the service or prices or terms at any time without notice; (i) that the terms of this agreement override any contrary terms on or about or related to the website; and (j) that you will respect the copyright of any work you see or obtain through this website; and (k) that any anything in this agreement which may be invalid for any reason will not affect the validity of the other parts of the agreement.

4. PROPRIETORS

This getfrank™ software is provided by Not Here To Shag Spiders limited (registered under the Companies Act 1993 NZ) of 140 Clovelly Rd, Bucklands Beach, Auckland .
Tel 021 735 622. Email: richardhenrynz@hotmail.com All text used here is copyright © the licensee of this website or may be copyright the 3rd party author. Neither getfrank nor any of its directors employees or agents make any warranty or representation to you in respect of anything touching or concerning this web site.

The expression "we" "us" and "our" used here refer first and in all respects to the licensee and the party with whom you contract, and secondly, where you incur an obligation to us (saving only the obligation to pay money), or where you confer a right or indemnity on us or agree to a disclaimer or limitation or denial of liability or give a warranty, then the expressions "we" and "us" refer not only to the Licensee but also to EQL and the owner of the business method and patent application and other intellectual property, and every organization this website visibly links to, and their respective directors employees and agents; and all such agreements and obligations, and all the covenants warranties and indemnities that you give in this agreement are given to and are expressly for the benefit of all of those companies and organizations and those persons.

5. PRIVACY

We and you both agree to be bound by the privacy statement situated on the home page of www.getfrank.co.nz and you agree that this statement is subject to change at any time without notification.

6. PUBLISHED WORKS

You agree that if you publish (upload) any work or offer any work for publication to this site you do so only under the terms advised from time to time, and that if you download any work, you acknowledge that we have not read, and cannot know the contents of, and are not responsible to you or any person through you for the contents, quality or value for money of any work published by any other user through this website.

7. PAYMENTS

You agree that we may debit your credit card account for the goods or services your purchase through this web site.  If we should agree to allow you to sell through this website you acknowledge that we make no warranties of any user's ability to pay and you agree that we have no responsibility to you arising out any non-payment or short payment or delay in payment, or reversal of payment by any user, and that we may debit your account for any user reversal of payment.

8. USER AGREEMENT WITH PROVIDERS

You, subject always to terms specified by any provider (which in this clause includes us), and subject to applicable law, agree as follows with each provider engaged through this site that: (a) all work is for you alone, and the provider has no liability to any third party; (b) the provider transfers no copyright in any work prepared for your possession or use; (c) the provider may reasonably reschedule the any delivery or completion date; (d) you will communicate the nature of any urgency which may arise; (e) you will pay promptly for goods or services; (f) you acknowledge that requests for prepayments for some services are normal; (g) the provider may rely on all communications from you; (h) if you communicate on behalf of a corporation you will disclose this and be jointly liable with the corporation for payments due; (i) the provider may keep records of transactions with you; (j) all contracts are deemed made in New Zealand at the location of the provider's office; (k) communications from you are not deemed received until receipt verified.  If you are a provider you agree (a) to act according to law and applicable rules and codes of ethics; (b) to keep records for period required by law.   Nothing in this clause limits your warranties and indemnity to us or your agreements with us.

9. DISPUTES

You agree (a) that we are not responsible for and cannot deal with or remedy any complaint by any person against any provider nor by any provider against any user; (b) that any dispute you, or any person through you, may have with us or in which we are concerned be decided under the laws of New Zealand whose courts have exclusive jurisdiction to hear any such dispute; (c) to accept all responsibility for your relationship here with providers; (d) that your complaints against providers will be made in the first instance to providers themselves, and if necessary then to the appropriate provider licensing body, not to us, nor will you make any claim against us; (e) that we may release any relevant information among ourselves.

10. MEDICAL DISCLAIMER

The information contained in this website is not intended and must not be taken to be the provision or practice of medical advice or services nor a substitute for medical advice, diagnosis or treatment. If you have questions, concerns about your health or treatment or would like more information, contact your doctor. Always see your doctor or other qualified health professional before starting or changing any treatment.

11. DISCLAIMER, LIMITATION OF LIABILITY, WAIVER, INDEMNITY AND OPERATIVE CLAUSE

You agree that (a) we will not in any event be liable for any software or hardware errors, outages (Power, Telco or ISP) or malfunctions, which materially and substantially prevent or interfere with any use of this web site; (b) we make no other warranties with respect to the services or facilities available here including but not limited to any implied warranties of merchantability, merchantable quality, and/or fitness for any particular purpose; (c) without limiting the generality of the foregoing, we make no warranty as to the quality of or likelihood of any individual response from us or any person through this web site; (d) we are not the authors of data on this web-site and whether or not written by us we make no warranty that any information will be accurate, error-free or uninterrupted, nor that it will meet your requirements or achieve your desired or anticipated results, nor any warranty arising now or at any time in the future from usage of any trade, course of dealing, or course of performance. You agree that the fitness and quality of our services must be construed within these constraints; (e) our liability to you is limited to one twelfth the amount of the website charge to you during the year prior to your claim; (f) our failure any time to enforce any provisions or rights under this agreement in no way constitutes waiver of same or affects the validity of this agreement or assists any defence or right against us; (g) we are not responsible to you or any person for any keystroke, mouse-click, or other action, omission, or transaction connected with or incidental to the use of this web site; (h) you will indemnify us and save us harmless and defend us from all losses, costs claims and actions suits whatsoever whether arising in contract or tort, at the suit of any person or persons, out of or incidental to every communication here made by or to you or made by or to any person using your registration, or Username or UserID or password, or credit card, whether at your direction, by your express or implied authorisation, or through your neglect; (i) your further use of this web site signifies that you agree to all these terms in the words we set before you here and without any change.