Welcome to the Auckland District Law Society Inc. (ADLS) website. By accessing and using our website, and our related products and services, you confirm that you have read and agree to the following terms:
Scope & Definitions
1. These terms apply to your access to, and use of, our website and related products and services. Clauses 21 onwards below contain additional specific terms that apply in relation to particular products and services we offer (e.g. WebForms, CPD, and Find-a-lawyer)
2. The terms “we”, “our” and “us”, when used in these terms mean ADLS, and the term “you” and “your” mean you our member, customer or user.
3. We will use all reasonable effort to ensure that the information on our website is correct at the time of first publication, and that our products and services are supplied to you with reasonable care and skill, subject always to these terms.
4. You must:
a) comply with these terms and conditions at all times;
b) make sure all information you supply to us is complete and accurate; and
c) ensure that any user name, password login or other secure access information to our website as we may supply to you, is kept strictly confidential at all times and is only used for the purposes it is provided for and in accordance with any instruction supplied by us.
5. You must not use our website, any of its content, or any of our products or services:
a) in breach of any legislative or regulatory provision or for any other unlawful act;
b) to damage or disrupt our website, its content, or any of the products or services offered by us or any third party through us;
c) to access, use or interfere with any computer system or data (whether by hacking or by other means) other than as may be expressly permitted by these terms or on our website (e.g. to access and use a particular service as intended by us);
d) to intercept or in any other way deal with email or other communications which are not intended by the sender to be received by you;
e) for sending spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;
f) to abuse, defame, threaten, stalk or harass others;
g) for sending objectionable language, content, or any expressions of hatred, racism or anti-religious remarks of any kind;
h)for running any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;
i) for introducing any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else’s network or computer system;
j) using a false identity for any purpose including misleading others as to the identity of the sender or origin of any message;
k) by using any third party business to access our website or any of our services on your behalf without our prior written consent; or
l) for the purpose of reselling (in any way) any content on our website, or any of our products or services to third parties.
6. You agree to fully indemnify us (including our officers, employees and agents) and hold us harmless against all loss, damage, cost or expense we may suffer or incur as a result of any breach of these terms by you.
Links and Advertising
7. Our website may contain links to third party websites. Those other websites are not under our control and so we are not responsible for the content or the links contained in those websites. We do not necessarily recommend or endorse the content of any third party website which may be linked to or from our website, or the products or services of any third party organisation mentioned or described on our website. You acknowledge that you enter any third party websites at your own risk.
8. Our website may contain advertisements for third parties' products and/or services. You acknowledge that the third party advertisers are solely responsible for the accuracy of all representations made in those advertisements. We are not the party offering those goods or services for sale and do not necessarily recommend or endorse those goods or services, or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on our website, you do so at your own risk. We disclose that we may receive a commission or other advertising or promotions related revenue from the third party advertiser, and you confirm your acceptance of this.
Fees & Charges
9. Some of our products and services require fees and/or charges to be paid to us for your purchase or right to use the relevant product or service. Those fees and/or charges will be as displayed on our website or otherwise notified to you. You agree to pay all such fees and/or charges to us (without any deduction) before you purchase the relevant product or service, unless expressly stated otherwise by us. All fees and/or charges displayed by us on our website are deemed to be GST exclusive (unless expressly stated otherwise by us), and you agree to pay the required GST to us as well, at the same time payment is due. If you do not pay us on time as required, we will be entitled to apply interest at the rate of 15% p.a. calculated daily, as well as recover from you all of our reasonable recovery costs.
Intellectual Property & Confidentiality
10. We either own or otherwise have the right to licence all the intellectual property and related content displayed on our website. Unless stated otherwise in writing by us, you are permitted to view this information only, and you must not copy or use of any material on this website, or in any way deal with our website, other than as promoted by us on our website. You are only permitted to use the material on our website for considering whether to purchase our products and services (or those of any third parties as may be displayed by us), or for seeking support and assistance. In particular but without limitation, you must not make any use of any trademarks displayed on our website (whether ours or a third party’s) without our prior written consent. You agree not to assert any intellectual property claims against us regarding any content displayed on our website.
11. If a particular product or service is intended to be personal to you (i.e. your organisation or you as a person), and we disclose any information to you as part of that service (i.e. that is not publically displayed on our website), then that information must be treated by you as confidential at all times and can only be disclosed or otherwise used by you solely for using the particular product or service offering, or with our prior written consent.
Limitations and Exclusions
13. Our commitments to you as stated in these terms are subject to the following reasonable limitations and exclusions:
a) Any opinion that may be stated on our website (or in any event we may promote), including any legal opinion or view, is from the person or organisation making it (and not necessarily from us) and is also intended for general information purposes and not to be used as legal advice. If you are not a lawyer, then you should always seek appropriate professional legal advice from a licensed, practising lawyer in New Zealand in relation to the issues you have.
b) We do not warrant or represent that our website or products and services, or any links or third party content, will operate on a continuous or fault free basis, or will be completely secure or private all of the time, or will be free from viruses or other harmful features – even though we take reasonable measures to avoid or mitigate these types of issues.
c) We will use all reasonable endeavours to restore any services outages as soon as reasonably possible, but are unable to guarantee any particular time frame.
d) All terms and conditions that would otherwise be implied, by operation of law, so as to form part of these terms, are excluded to the fullest extent permitted by law. In particular but without limitation, to the extent you are using our website or our products or services for business purposes then you agree that the Consumer Guarantees Act 1993 is fully excluded from our relationship with you, and for the purposes of section 5D of the Fair Trading Act 1986, sections 9, 12A and 13 of that Act do not apply, and you agree that this is fair and reasonable in the context of these terms.
e) We (including our officers, employees and agents) are not liable to you in any way for any indirect or consequential loss, or for any loss of profit, revenue, or data. In respect of any loss for which we may be liable to you, our liability to you will at all times be limited to the that amount which you have paid to us in the six month period preceding the date of any claim from you (or if a series of related claims, then prior to the first of those claims).
f) We will not be liable to the extent that such liability arises from any third party telecommunications failure or quality issue, or failure of electricity mains supply, or strike or other industrial unrest, or any riot, fire, explosion, flood, earthquake, vulcanism or other Act of God, or any governmental action, or any other cause which is beyond our reasonable control.
14. Any links in our website to legislation or to regulations are normally to unconsolidated versions of those items. You must ensure that you check all references against the fully consolidated and updated version of the relevant item.
15. We may from time to time amend, update, or change our website, including these terms, without prior notice. Each time you use our website or products and services, you will be deemed to have accepted and agreed to the most recent version of these terms then displayed.
16. These terms (and any other terms we display on our website) constitute the entire agreement between you and us with respect to your use of our website, products and services, and replace all prior understandings or agreements, written or oral, regarding the same.
17. If any provision of these terms is found to be legally invalid or unenforceable, that will not affect the validity or enforceability of the remaining provisions of these terms which remain in full force and effect.
18. Any failure by us to insist upon or enforce strict performance of any of these terms will not be construed as a waiver of any right or remedy we may have in respect of any existing or subsequent breach of these terms.
19. New Zealand law governs these terms. You consent and submit to the non-exclusive jurisdiction and venue of the Courts of New Zealand for any cause of action relating to or arising under these terms.
20. We operate our website for New Zealand members, customers and users. The information contained on our website may not be appropriate or available for use in other countries. If you access our website from other countries, you do so at your own initiative and risk.
Terms for Specific Products and Services
Use of our WebForms website is governed specifically by the WebForms Terms and Conditions, in addition to clauses 1-20 above, and any other clauses as may apply to you at any time. The WebForms Terms and Conditions can be viewed here.
22. CPD (Continuing Professional Development)
These CPD terms are in addition to the terms stated in clauses 1-20 above.
If you are an employee and your employer has also registered to use the CPD services, your employer will be able to book and pay for CPD events on your behalf, and your personal CPDR file will be updated as a result. Your employer will also be able to view summary information concerning your “Booked” and “Attended” (and completed) CPD events, and view your current CPD year points total at any time. You provide your consent for this information to be accessed by your employer. Your employer will not be able to view your CPD Plan, Reflections or other information concerning you. If you change employers please email us to confirm the change and the timing of the change.
If you represent an employer organisation which is registered to use the CPD service, then you undertake on behalf of your organisation that it has all required authorities and consents to access and use the employee member’s information as part of our CPD services, and that it will only use that information for its own internal purposes in accordance with your rights and obligations as employer (which may include reporting that information to one or more third parties). You will indemnify us for any loss we suffer as a result of a breach of this clause by you as an employer.
Our online interactive CPD tools and related services also involve:
a) The supply of CPD content to you or your firm (whether electronically, online or otherwise). You acknowledge and confirm that all intellectual property rights relating to such content remain owned at all times by us or our licensors as the case may be. Your purchase only involves the grant of a limited licence to view the content, for the agreed number of viewers, for your internal training purposes only. You do not have the right to copy or reproduce the content for any reason, or to allow any other viewers to view that information.
b) Involve the recording of your annual CPD points accumulation as triggered by the requirements set by law and also as communicated by us. You are responsible for the verification (if required) of any points allegedly accumulated from CPD events organised by third parties not associated with ADLS. Subject to this clause, in the absence of manifest error as proven by you, our records in this regard will be final.
c) Involve the payment of certain fees and charges by you as displayed by us. You agree to pay these fees and charges in accordance with these terms.
You will indemnify us for any loss we suffer as a result of your breach of this clause 22.
These Find-a-Lawyer terms are in addition to the terms stated in clauses 1-20 above.
The information contained in the Find-a-Lawyer section on our website is provided by the individual practitioner concerned. We do our best to ensure the accuracy of that information but cannot guarantee the content as this is provided by the practitioner concerned.
24. Member Benefits – ADLS Business ‘Partner’ Programme
Clause 24 is in addition to clauses 1 to 20 above.
If you are one of our members and choose to opt-in to purchase any products or services from one or more of our third party Business ‘Partner’ Programme suppliers (as described on our website or otherwise communicated to you) then you acknowledge that:
a) the terms of supply and all rights and obligations under that supply arrangement are solely between you and the third party supplier concerned;
b) ADLS is not liable to you in any way for any loss, damage, cost or expense which you may suffer or incur as a result of entering into such a supply arrangement (other than any obligations at law which we are not legally permitted to exclude), however we will attempt to facilitate an acceptable resolution of any issues you may have if you request us to do so; and
c) We are permitted to receive fees or other revenue (including commission) from such third party suppliers as a result of facilitating the provision of the special offer terms for your benefit.
25. Law Student work experience assistance service
Clause 25 is in addition to clauses 1 to 20 above.
In association with a number of New Zealand university law students’ societies we are running a programme for 4th and 5th year law students and law firms located in the Auckland, Waikato, Wellington and Canterbury regions. The programme involves the operation of a ‘notice board’ type advertising platform on our website to enable participating law firms to advertise work experience opportunities to law students. The scope of our service is narrow in that we merely enable our member firms to place adverts, and for those adverts to then be viewed by those law students who choose to register for the service. The programme will run until end November 2016 but may be extended at ADLS’s discretion.
ADLS expects that where unpaid positions are offered, that these are genuine learning experiences. If the law student is to do work that an employee would otherwise do, then ADLS would expect that to be offered as a paid opportunity.
Each advertising member firm has full responsibility for ensuring that its advertisement content is accurate, and that the member firm then runs its own background checks on any applicant they may wish to engage with. Our obligation is merely limited to placing the advert for a limited period.
Each participating law student acknowledges and confirms that:
a) It is only the member firm or person concerned that is potentially recruiting, not us (as we are merely providing a limited advertisement placement service), and that this means that any position related issue which you may have must be addressed solely between you and the member firm or person concerned, not with us;
b) All information supplied by him or her in relation to an advertised position is accurate and not misleading;
c) There is no guarantee they will secure any position or a remunerated position; and
d) Apart from any information supplied for the purposes of registering in our systems, all other information provided by each law student (whether personal information or otherwise) is supplied directly to the advertising member firm and is their responsibility, not ours.
26. Air New Zealand AirpointsTM
If you use our Air New Zealand AirpointsTM programme services, then clause 26 below will apply to you and your users in addition to clauses 1-20 above, and any other clauses as may apply to you at any time.
In association with Air New Zealand Limited, we are proud to offer Airpoints DollarsTM to our members and to non-member lawyer customers on the following basis:
a) In order to participate, you must be a registered participant with Air New Zealand in its AirpointsTM programme (“AirpointsTM programme”) either as an individual person, or as a business under Air New Zealand’s AirpointsTM for Business Programme. The Air New Zealand AirpointsTM Programme (or AirpointsTM for Business Programme as the case may be) Terms and Conditions will apply to you at all times (in addition to these terms) while you are an enrolled participant in the relevant AirpointsTM programme. You must ensure that the registration details you supply to us (for either AirpointsTM programme) when inputting those into our system or otherwise, are correct.
b) From 16 September 2015 or such later date as you register with us for this service, each registered ADLS member will earn Airpoints Dollars™ at the rate of 4 Airpoints Dollars™ for every $100 (excluding GST) of eligible purchases made with us, and each registered non-member lawyer customer will earn Airpoints Dollars™ at the rate of 2 Airpoints Dollars™ for every $100 (excluding GST) of eligible purchases with us. All eligible purchases will be pro-rated and rounded to two decimal places, so for example, a member spend of $110 would earn 4.40 Airpoints DollarsTM, and a member spend of $150 would earn 6 Airpoints DollarsTM, etc….
c) “Eligible purchases” means the following products purchased from us following registration with ADLS under subparagraph (b) above, and which are paid for in full: ADLS membership subscription fees and membership cards; ADLS hard copy legal forms; WebForms (to law-firm customers only, who have joined the Air New Zealand Airpoints for Business programme); continuing professional development activities; paid ADLS print subscriptions; legal text books sold by the ADLS bookstore; ticketed collegiality events; and ADLS meeting room hire-age related fees. “Eligible purchases” excludes third party supplier offers available through the ADLS member benefits programme; ADLS office leasing and rents; WebForms system set up fees, licence fees, and user fees; postage, packaging and handling charges; advertising in ADLS publications, and sponsorship of ADLS and its activities. All other purchases from us will be deemed to be excluded unless the parties agree otherwise in writing. All valid credits given by us in respect of any eligible purchases regarding your account or otherwise will result in the related reversal of any Airpoints Dollars™ awarded in respect of those credited amounts.
d) If you have a business (‘firm’) account with us and the eligible purchases are made on that account, and your business also has joined the Airpoints for Business programme, the Airpoints Dollars™ will be credited to your Airpoints for Business membership account if registered by you with us. If you have an ‘individual natural person’ account with us and the eligible purchases are made on that account, and you are also an Air New Zealand Airpoints member, in the same name, the Airpoints Dollars™ will be credited to that AirpointsTM membership account if registered by you with us. It is your responsibility to ensure that your account or other purchasing entity details with ADLS align with your AirpointsTM membership account.
e) We may decide to issue Bonus Airpoints Dollars™ at our discretion at any time, on terms we determine. If any Bonus offer promotion is date or time-period specific, then, in the absence of express terms saying otherwise, that means placement of an order on that date or during that time-period for an ‘eligible purchase’, which order must then be completed and paid for in full but as per the applicable payment terms.
f) If you wish to raise an issue or dispute about Airpoints™ programme in relation to eligible purchases from us, please raise that with us in the first instance and we will attempt to resolve it. If we cannot resolve it then the matter will be governed by the Air New Zealand Airpoints Programme Terms and Conditions.
g) You acknowledge that we are merely a participant in the AirpointsTM programme and that it is Air New Zealand Limited that issues Airpoints Dollars™, not us. If for any reason, you claim there is an error with the calculation of your Airpoints Dollars™ (to be received from purchases with us) then please raise that with us first and we will assess your claim, and work with Air New Zealand as required to address and resolve your claim. You acknowledge that we do not have control over Air New Zealand’s systems and process in this regard and so cannot guarantee any particular outcome.
h) Nothing in these terms permits or allows you to use the AirpointsTM trade mark or any other intellectual property belonging to Air New Zealand or to us.
i) We reserve the right to terminate our involvement in the AirpointsTM programme at any time without prior notice to you, and after that time (as may be published on our website), you will no longer be entitled to earn Airpoints DollarsTM with us.
If you have any queries, please contact us on 303 5270, or email firstname.lastname@example.org.
© Auckland District Law Society Inc., 2016