Terms and Condition
1. Acceptance of Terms and Conditions
a. Stace Hammond (“SHLaw”) provides legal services and advice. The term SHLaw may be used throughout these Terms and Conditions to describe either the company or the Services.
b. These Terms and Conditions are the terms on which SHLaw offers you access to, and use of, the Website. By using the Website you are acknowledging that you accept these Terms and Conditions and confirm that you understand them. If you do not accept these Terms and Conditions, you must refrain from accessing the Website.
c. On your use of the Website, a legally binding Agreement is formed between you and SHLaw based on these Terms and Conditions. This Agreement governs your use of the SHLaw Website.
d. Any reference to the singular also means a reference to the plural, and vice versa.
2. Amendment of Terms and Conditions
a. We may amend these Terms and Conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended Terms and Conditions on the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the SHLaw Website represents your acceptance of the Terms and Conditions as amended.
3. Entire Agreement
a. These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between the parties relating to the subject matter of these Terms and Conditions.
b. If you are to engage SHLaw for any Services, a Terms of Engagement will be provided. If there is any conflict between this Agreement the Terms of Engagement, the parties agree that the Terms of Engagement will prevail.
4. These Terms and Conditions were last updated 28 January 2021.
a. In these Terms and Conditions, the following expressions have the meanings as set out below:
- “Services” means any legal services or legal advice or article or information that is offered by SHLaw or SHLaw’s wholly or majority owned subsidiaries, from time to time;
- “we”, “us” and “our” are a reference to SHLaw;
- “you” and “your” are a reference to you;
- “Website” means any SHLaw website through which the Services are offered, including any website related to Migration Partners. In addition it includes any other method of accessing the Platforms over the Internet, even if accessed through another method that does not utilise the WorldWideWeb;
- “Working day” means any day in Auckland New Zealand that is not a Saturday, Sunday, Public Holiday, or falls on or between 25 December and 5 January.
a. You expressly understand and agree that:
- that SHLaw is not providing you with legal services or legal advice until a Terms of Engagement is provided to you;
- the articles and information provided on the SHLaw Website is merely our commentary, and is not legal advice, nor should it be taken as being legal advice. We can only provide legal advice when we are familiar with your situation, and have been engaged to provide legal advice;
- your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting this clause, SHLaw disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
- SHLaw does not warrant that the information provided on the Website will be uninterrupted, timely, secure, or error free or that any information provided on the Website is error-free or reliable; and
- no advice or information that is obtained by you from SHLaw or anyone else shall create any warranty by SHLaw that is not expressly stated in the Terms and Conditions.
7. The Services
a. SHLaw provides legal services and legal advice to its clients.
b. These Services can only be provided to clients of SHLaw.
c. SHLaw will use its reasonable endeavours to provide you with a Letter of Engagement on your engaging the firm as quickly as possible.
d. Merely by using the Website, and/or reading any of the information on the Website, you are not a client of SHLaw, not are receiving advice from SHLaw.
8. Limitation of Liability
a. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of SHLaw to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, or your use of or inability to use the Services or the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. SHLaw’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
a. You agree to release, indemnify and keep SHLaw (and SHLaw’s employees and partners) indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to comply with legislation, or any issue arising out of any information you receive from the Website.
a. SHLaw and you agree that any legal disputes or claims between you and us related to or that arise from this Agreement, or the interpretation, enforceability, revocability or validity of this Agreement or the arbitrability of this Agreement that cannot be resolved between you and us informally shall be submitted to binding arbitration. Claims shall be brought within a timeframe consistent with applicable law and any judgment on award made by the arbitrator may be entered in any court having jurisdiction thereof. SHLaw and you agree that any claim, action or proceeding between you and us relating to or arising from this Agreement or the use of the SHLaw Website shall be brought in your individual capacity and not as a plaintiff, collective or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate more than one person’s claim and may not otherwise preside over any form of class, collective or representative proceeding.
b. One the commencement of any arbitration, the commencing party will notify the other of the arbitration. The parties will then agree on an arbitrator. If, at any point, either party reasonably believes that an arbitrator will not be agreed upon, they may request the President of the New Zealand Law Society, or their representative, to nominate an arbitrator. That nominated party will then be the arbitrator.
c. Any arbitration will be conducted in Auckland, New Zealand. The costs of the arbitration will be split evenly between the parties unless otherwise decided by the arbitrator.
11. Force Majeure
a. SHLaw has no liability for any lack of performance, unavailability or failure of the Website or for any failure of SHLaw to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of SHLaw.
12. No waiver of rights
a. If we do not exercise or enforce any right available to us under these Terms and Conditions, it does not constitute a waiver of those rights or our right to act with respect to subsequent or similar breaches.
13. Partial invalidity
a. If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect.
14. Governing law
a. These Terms and Conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
15. Intellectual property rights
a. SHLaw (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons, video and sound recordings) and the software and other material underlying and forming part of the Website where applicable.
b. You may not, without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, sell, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
- Commercialise, copy, or on-sell any information, or items obtained from any part of the Website.