Terms of Use

Effective date: November 2022

This website (Website) is owned by Evergreen Digital Limited (Evergreen).  Your use of this Website is governed by these Terms of Use.  By accessing and browsing this Website you agree to be bound by these Terms of Use (as amended from time to time).

Intellectual Property

All intellectual property on this Website, including without limit, the text, graphics and copyright works is owned by Evergreen (or Evergreen’s relevant content supplier). Evergreen is the exclusive owner of all rights in the compilation, design and layout of this Website.

Right to Use Website and Content

You may access, view, reproduce and print the content on this Website provided you only use that content for your personal use or otherwise in relation to using or considering using any of the services Evergreen provides through this Website.

If you wish to link to any part of this Website, you must obtain Evergreen’s prior written consent.

All Liability Excluded

To the extent permitted by law:

  • all warranties, representations and guarantees (whether express, implied or statutory) are excluded including, without limit, suitability, fitness for purpose, accuracy or completeness of this Website or the content on or accessed through it; and  
  • Evergreen will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Website or the content on or accessed through it.

If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above.  If you are using this Website or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 and certain sections of the New Zealand Fair Trading Act 1986 will not apply.

Although Evergreen has tried to ensure the content on this Website is current, accurate and complete, Evergreen does not guarantee that such content will be current, accurate or complete when you access it.  Evergreen will take action, within a reasonable time, to correct any error or inaccuracy which is brought to Evergreen’s attention.

You acknowledge that this Website may not always be available or some of the functions on this Website may be temporarily unavailable and that Evergreen will not be liable to you in respect of any inability to access or use this Website at any time.

Third Party Websites

This Website may contain links to third party websites.  These websites have not been prepared by and are not controlled by Evergreen.  Evergreen does not check, endorse, approve or agree with third party websites that this Website links to.

Privacy Policy

You are not required to provide personal information to Evergreen, although in some cases if you choose not to do so then Evergreen will be unable to make certain sections of the Website available to you. For example, Evergreen may need to have your contact information in order to provide you with updates from Evergreen’s Website.

When you provide personal information to Evergreen, Evergreen will comply with the New Zealand Privacy Act 2020.

The personal information you provide to Evergreen (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by Evergreen of products and services to you, credit checks (if necessary), and research and development.

Evergreen may also collect technical information whenever you log on to, or visit the public version of, Evergreen’s Website.  This may include information about the way users arrive at, browse through and interact with Evergreen’s Website.  Evergreen may collect this type of technical information through the use of cookies and other means.  Cookies are alphanumeric identifiers that Evergreen transfer to your computer’s hard drive to enable Evergreen’s systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the Website.  Evergreen use the technical information Evergreen collects to have a better understanding of the way people use Evergreen’s Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.  Evergreen may also use this information to assist in making any advertising Evergreen display on the Website more personalised and applicable to your interests.

Generally, Evergreen do not disclose personal information to third parties for them to use for their own purposes.  However, some of the circumstances in which Evergreen may do this are:

a       to service providers and other persons working with Evergreen to make the Website available or improve or develop its functionality (e.g. Evergreen may use a third party supplier to host the Website);

b       in relation to the proposed purchase or acquisition of Evergreen’s business or assets; or

c       where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

Any personal information you provide to Evergreen may be stored on the secure servers of Evergreen’s trusted service providers, which may be located outside New Zealand.  This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

You have the right to request access to and correction of any of the personal information Evergreen hold about you.  If you would like to exercise these rights, please email Evergreen at fiona@siterisecreative.com

Jurisdiction and Governing Law

This Website and content have been prepared in accordance with the requirements of New Zealand law.  These Terms of Use and any matters or disputes connected with this Website will be governed by New Zealand law and will be dealt with by New Zealand courts.

Amendments

Evergreen may amend these Terms of Use from time to time, so you should check and read these Terms of Use regularly.  By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended Terms of Use.

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