This website DIYWillKit.NZ is owned and operated by Eye Media NZ referred to as (“we, us, our”).
Terms & Conditions
1. Terms of Use
Your use of this Website is subject to these terms of use and all applicable laws. By using this website you agree to be bound by these Terms Of Use.
The information on this website is general information. DIYWillKit.NZ and Eye Media NZ makes no representations or warranties, either express or implied, of any kind with respect to DIYWillKit.NZ, information, materials, contents or operation. DIYWillKit.NZ and Eye Media NZ expressly disclaims all warranties, express or implied, of any kind with respect to this website or the use of this website, including but not limited to merchantability and suitability for a particular purpose. You agree that DIYWillKit.NZ and Eye Media NZ , its directors, employees, or other representatives shall not be liable for damages arising from the operation, content or use of the DIYWillKit.NZ website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, incidental, special, punitive and/or consequential damages.
2. No legal advice
You confirm that you understand that DIYWillKit.NZ or Eye Media NZ is not a law firm and that you are not receiving any legal advice through this site. The use of the Do It Yourself Will Kit For New Zealand, Do It Yourself Will Guide For New Zealand, Last Will and Testament Form, any other guide, document, form or any information on this site does not create a lawyer-client relationship of any kind between DIYWillKit.NZ or Eye Media NZ or any employee, director, or person associated with us. We are an Internet based publishing service providing general information, forms and documents. The information, guide, forms and documents offered are designed for common situations and may need to be modified to suit your specific circumstances. This information cannot be construed as legal advice. You acknowledge that the law may be interpreted and applied differently in different situations. You should not rely on this site and associated material without first consulting with a lawyer in relation to your specific situation.
You agree that we are not responsible for any mistake that you make in understanding this website, information on this website, user guide(s), documents, completing or using a Document, or obtaining or not obtaining a solicitor’s certificate or professional advice in respect of a Document or its use.
3. Exclusions/Limitation of Liability
We make no warranties or guarantees, except for such guarantees and warranties as cannot be excluded as a matter of law, and all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise are hereby excluded and all liability of DIYWillKit.NZ and Eye Media NZ whether in tort, including negligence, contract or otherwise is expressly excluded to the full extent permitted by law. The guarantees implied by the Consumer Guarantees Act 1993 and the Fair Trading Act are expressly excluded where the consumer is acquiring goods or the Services for the purpose of a business. Where you are buying any products or services from us for other than business purposes then these terms of use shall be interpreted subject to your rights under the any specific statute which protects consumer rights.
The liability of Eye Media NZ arising from any cause whatsoever, including but not limited to any damage, loss, cost, claim or expense arising out of or relating directly or indirectly to:
Any information, Document, including any agreement, form or user guide purchased via this website; or
Your use of this website interruption, delay or impairment in the functioning, operation or availability of our website, exposure to or transmission of any computer virus, internet access difficulties in connection with our website, or malfunction in equipment or software
Your use of or reliance on information contained or accessed through this website
Any breach of your warranties stated in these terms of use.
Shall be limited to a refund of the cost of the Will Kit purchased and/or the resupply of a Document at the option of DIYWillKit.NZ
4. Governing Law
These terms of use and the provision of goods and service by us DIYWillKit.NZ are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these Terms Of Use or their subject matter you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand over any such dispute.
5. Your Use of this Website
You agree to;
Follow our instructions when you purchase any Document(s).
Use any information from this website strictly in accordance with the terms of the Licence To Use as set out below.
6 License to use our intellectual property
All user guide(s), documents and forms on DIYWillKit.NZ, will remain the exclusive property of Eye Media NZ Limited and are protected by copyright and other applicable intellectual property laws.
When you purchase a Do It Yourself Will Kit For New Zealand, Do It Yourself Will Guide For New Zealand information kit and Last Will and Testament Forms and any other document(s) you are granted a limited, non exclusive licence to use and modify the document(s) for your personal use only. You may obtain advice on or modify a document with the assistance of your professional advisors including your lawyer and it is recommended you do so.
You may not copy, publish, distribute, display, transmit, transfer or sell, reproduce, create derivative works from, or in any way commercially exploit any of the content of a Do It Yourself Will Kit For New Zealand, Do It Yourself Will Guide For New Zealand, or other document purchased or obtained from DIYWillKit.NZ. Or DIYWillKit.NZ website content or document, in whole or in part other than as is expressly permitted.
It is a condition of your license to use any DIYWillKit.NZ Guide or document that you preserve our copyrights.
7. Termination of relationship
We reserve the right to terminate our agreement with you and prevent the further transmission to you, or your use of any Guide or document from DIYWillKit.NZ, if you breach these Terms And Conditions.
8. Purchases and Delivery
By purchasing any Guide or document on this DIYWillKit.NZ website you specifically acknowledge and agree that:-
When you purchase any any Guide or document from this website these Terms Of Use constitute the entire contract between us and you and it is expressly agreed that there are no other understandings, representations or warranties of any kind forming part of our contract with you.
Ordering a Guide or document constitutes an offer by you to buy in accordance with these terms of use. Our acceptance occurs and the contract is formed when the Guide or any document is delivered to you electronically over the internet.
We do not guarantee that this website is free from errors or faults. We will however make our best efforts to ensure that the information available on this website is accurate. We shall be entitled at any time to correct any errors or omissions and make amendments to or add or remove information without notice.
You must satisfy yourself that any Guide or any document purchased from us is suitable for the purpose for which you require it and we are under no liability if they are not.
Any Guide or any document purchased will be delivered by e-mail to the email address specified by you.
We accept no responsibility for problems you may have in making payment through a web page of our payment service provider or in down-loading any any Guide or document.
We shall not be liable to you for any delay in the delivery of any Guide or document although we will endeavour to reasonably assist you with any problems you are experiencing.
9. Linked Websites / Newsletters.
Where links to any third party websites are provided they are provide for convenience only.
You will be responsible for all legal costs incurred in obtaining any legal advice. We accept no responsibility for any legal advice you may receive.
Any information contained in our newsletters is provided as a general information service only, and do not constitute legal advice by us. If you copy or disseminate our newsletters in any manner you must not remove any reference to the notice of authorship of the newsletter or remove any copyright notices.
10. Electronic Communications
Whenever you use this website or send emails to us you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to electronically satisfy any legal requirements that such communications be in writing.
11. Privacy Policy
If you provide us with personal information through you use of this website, this information may be retained by us in our database. You have a right under the Privacy Act 1993 to access any personal information held about you or to request us to delete any such information. By accepting these Terms Of Use you are acknowledging that you have read and accept our Privacy Policy which is on our site.
We will never sell your information to any third party or business.
12. Disclaimers
We are not responsible for ensuring that the information that you access or make available through using this website will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to our website or services. This is because the availability or quality of this website may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions.
We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of this website. Further, we assume no responsibility for the corruption of any data or information held by us.
13. General
This Website is owned and operated by Eye Media NZ (“we, us, our”).
We may transfer our obligations pursuant to this website and these terms of use to any person including a related company (as defined under the Companies Act 1993) without notice to you. If we do this then we will not be liable for any act or omission by any transferee arising in relation to these terms of use after such transfer.
Each term of these terms of use is separately binding. If for any reason any term cannot be relied on all other terms remain binding.
You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of any Document advertised on this website and you expressly agree not to commence any proceeding or action arising from any statement or representation not set out in these terms of use.
