© 2014 - 2019 by  Fiona Marshall

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Call Fiona 027 677 3646

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

 

(1) What information do we collect?

We may collect, store and use the following kinds of personal information:

 

(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b) information relating to any use you may make of our free legal notices;

(c) information that you provide to us for the purpose of registering with us;

(d) information that you provide to us for the purpose of subscribing to our website services; and

(e) any other information that you choose to send to us.

 

 

(2) Cookies

A cookie consists of a piece of text sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

 

We use both “session” cookies and “persistent” cookies on the website. We will use the cookies to keep track of you whilst you navigate the website and to enable our website to recognise you when you visit.

Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

 

We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

 

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.

 

 

(3) Using your personal information

Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

 

(a) administer the website;

(b) improve your browsing experience by personalising the website;

(c) enable your use of the services available on the website;

(d) send you non-marketing commercial communications;

(e) send you email notifications which you have specifically requested;

(f) send to you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);

(g) provide third parties with statistical information about our users – but this information will not be used to identify any individual user; and

(h) deal with enquiries and complaints made by or about you relating to the website.

 

Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.

 

 

(4) Disclosures

We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy.

In addition, we may disclose your personal information:

 

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and

(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

 

Except as provided in this privacy policy, we will not provide your information to third parties.

 

 

(5) International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Area.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

You expressly agree to such transfers of personal information.

 

 

(6) Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

 

We will store all the personal information you provide on our hosting provider’s secure (password- and firewall- protected) servers.

Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

 

You are responsible for keeping your password and user details confidential. We will not ask you for your password (except when you log in to the website).

 

 

(7) Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

 

 

(8) Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:

 

(a) the payment of a fee (currently fixed at $10.00); and

(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a lawyer or bank plus an original copy of a utility bill showing your current address).

 

We may withhold such personal information to the extent permitted by law.

 

You may instruct us not to process your personal information for marketing purposes, by sending an email to us. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes.

 

 

(9) Third party websites

The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

 

 

(10) Updating information

Please let us know if the personal information which we hold about you needs to be corrected or updated.

 

 

(11) Contact

If you have any questions about this privacy policy or our treatment of your personal information, please write to us by email or by post.

 

 

Privacy Policy

Privacy Policy & Terms of Use

Please check back to this page periodically since we update it from time to time.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

[You must be at least [18] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

 

[This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our www.FionaMarshall.co.nz's use of cookies in accordance with the terms of www.FionaMarshall.co.nz's [privacy policy / cookies policy].]

 

 

License to use website

Unless otherwise stated, www.FionaMarshall.co.nz and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

  • republish material from this website (including republication on another website);

  • sell, rent or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

  • [edit or otherwise modify any material on the website; or]

  • [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

 

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

 

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without www.FionaMarshall.co.nz's express written consent.

 

[You must not use this website to transmit or send unsolicited commercial communications.]

 

[You must not use this website for any purposes related to marketing without www.FionaMarshall.co.nz's] express written consent.] 

 

 

Restricted access

[Access to certain areas of this website is restricted.]  www.FionaMarshall.co.nz reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at www.FionaMarshall.co.nz's discretion.

 

If www.FionaMarshall.co.nz provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 

[www.FionaMarshall.co.nz may disable your user ID and password in www.FionaMarshall.co.nz's sole discretion without notice or explanation.]

 

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to www.FionaMarshall.co.nz a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to www.FionaMarshall.co.nz the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or www.FionaMarshall.co.nz or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

www.FionaMarshall.co.nz reserves the right to edit or remove any material submitted to this website, or stored on www.FionaMarshall.co.nz's servers, or hosted or published upon this website.

 

[Notwithstanding www.FionaMarshall.co.nz's rights under these terms and conditions in relation to user content, www.FionaMarshall.co.nz does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  www.FionaMarshall.co.nz makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, www.FionaMarshall.co.nz does not warrant that:

 

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

 

Limitations of liability

www.FionaMarshall.co.nz will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

  • [to the extent that the website is provided free-of-charge, for any direct loss;]

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if www.FionaMarshall.co.nz has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit www.FionaMarshall.co.nz's liability in respect of any:

 

  • death or personal injury caused by www.FionaMarshall.co.nz's negligence;

  • fraud or fraudulent misrepresentation on the part of www.FionaMarshall.co.nz; or

  • matter which it would be illegal or unlawful for www.FionaMarshall.co.nz to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

[You accept that, as a limited liability entity, www.FionaMarshall.co.nz has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against www.FionaMarshall.co.nz's] officers or employees in respect of any losses you suffer in connection with the website.]

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect www.FionaMarshall.co.nz's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.FionaMarshall.co.nz.

 

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify www.FionaMarshall.co.nz and undertake to keep www.FionaMarshall.co.nz indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by www.FionaMarshall.co.nz to a third party in settlement of a claim or dispute on the advice of www.FionaMarshall.co.nz's] legal advisers) incurred or suffered by www.FionaMarshall.co.nz arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

 

Breaches of these terms and conditions

Without prejudice to www.FionaMarshall.co.nz's other rights under these terms and conditions, if you breach these terms and conditions in any way, www.FionaMarshall.co.nz may take such action as www.FionaMarshall.co.nz deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

 

Variation

www.FionaMarshall.co.nz may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

 

Assignment

www.FionaMarshall.co.nz may transfer, sub-contract or otherwise deal with www.FionaMarshall.co.nz's] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

 

Entire agreement

These terms and conditions constitute the entire agreement between you and www.FionaMarshall.co.nz in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with New Zealand governing law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Rotorua.

Terms of Use