Website Disclaimer

Midgley Advisers Ltd Disclaimer

The information contained within this site is current as of January 2023. The information is only  intended to be of a general nature and should not be relied upon by any party without obtaining full  details of the products and services sorted by contacting Midgley Advisers Ltd on 09 480 2656 or by  email at info@midgleyadvisers.co.nz.  All product and service details, terms, conditions, and other  information are subject to change at any time without notice. Terms, conditions, and fees apply to the  various products and services and are available on request.

  • Transactions made through this site will generally be acknowledged within 24 hours.
  • Midgley Advisers Ltd will not be liable for any loss caused by unauthorised access or breach of security through this site and will not be liable for any loss or damage if a transaction is not  affected or is delayed or is in error for any reason.
  • Subject to any terms implied by law and which cannot be excluded, Midgley Advisers Ltd  accepts no responsibility for any loss, damage, cost, or expense incurred as a result of any error, omission or misrepresentation in this site.
  • Midgley Advisers Ltd does not guarantee the accuracy of information provided by third parties linked to this site and makes no representation of affiliation or endorsement of any goods or  services associated with linked sites. Any links to sites maintained by any third party are  provided for the reference and convenience of users only.

Terms and conditions of Midgley Advisers Ltd Website 

Please read these terms and conditions of use carefully before using or obtaining any materials,  information, products, or services through this site. Midgley Advisers Ltd (“we” or “us”) offers access  to and use of our site to you subject to your acceptance of these terms and conditions (“Terms”). By  accessing, using, or obtaining any content, data, materials, information, products, or services through  our site, you agree to observe these Terms. If you do not accept all these Terms, please leave our site  now.

Ownership 

We, along with our product and information providers (“Providers”), own and have copyrights on the  entire site and all its contents. You will not copy, reproduce, republish, upload, post, transmit,  distribute, sell, transfer, or modify any of the content, data, information, or material found on our site,  but you may download, display, and print one copy of the material presented on our site on a single  computer for your personal, non-commercial use. Trademarks, logos, and service marks displayed on  our site (“Marks”) are ours, and our providers, registered and common law Marks. Your use of and  access to our site does not grant you any licence or right to use any of the Marks. You will not use any  automatic device or manual process to monitor materials available through our site.

Use of site 

You may only use our site if you have the capacity to enter into binding contracts. You are responsible  for maintaining the secrecy of your passwords, logins, and account information. You will be financially  accountable for all uses of our site by you and anyone using your account information. You may not use our site to make any false, fraudulent or speculative reservations in anticipation of demand to post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory,  pornographic or profane material or any material that could constitute or encourage conduct that  would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms. We may, at any time and without  advance notice or liability, terminate or restrict your access to all or any component of our site. We  will use our reasonable commercial efforts to keep our site available on a 24-hour/ 7 days-a-week basis, subject to the necessary scheduled downtime for maintenance, unscheduled maintenance, and  system outages. Your access to our site may not be always uninterrupted or available. We cannot  promise that our site will be error-free, that defects or errors will be corrected or that our site or the  servers that make it available are free from viruses or other harmful components. You will not use any  device, software or routine that interferes or attempt to interfere with the normal operation of our  site or take any action that imposes an unreasonable load on our site equipment.

Privacy 

Your use of our site is subject to our Privacy Statement. You acknowledge that you have read the  privacy statement and it is reasonable and acceptable to you. Your acceptance of these Terms is also  your consent to the information practices in our Privacy Statement.

Links 

Our site may contain links to other sites that we do not operate or control. We are not responsible for  these other sites. We provide these links for your reference and convenience. We do not endorse the  content of these other sites. These links are not an indication of our association with the owners or  operators of these other sites. You are free to access these other sites, but you do so at your own risk.  You agree not to create a link from any Website, including any site controlled by you, to our site.

Warranty Disclaimer 

We make no, and our providers make, no warranty of any kind regarding our site and/or content, data, materials, information, products, or services provided on our site, all of which are provided on an  “as is” basis. We expressly disclaim any representation or warranty that our site will be error-free,  secure, or uninterrupted. We further disclaim any warranty as to the accuracy, completeness and  timeliness of any content or information found on our site. We expressly disclaim and our providers  expressly disclaim all warranties and conditions, including implied warranties and conditions of  merchantability, title, non-infringement, and where permissible those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Limit of liability 

We will not be, and our providers will not be, responsible or liable for any damages to or viruses that  may infect your computer equipment or other property as the result of your access to, use of or  browsing of our site or your downloading of any content information, materials, data, text, images,  video or audio from our site or any injury, loss, claim, damage or any special exemplary, punitive,  indirect, incidental or consequential damages of any kind whether based in contract, tort, strike  liability or otherwise, that arises out of or is in any way connected with any use of our site, content,  data, materials or information found therein, any failure of delay or the performance or non-performance by our provider or us, even if we have been or a provider has been advised of the  possibility of damages to such parties or any other party. This disclaimer of liability applies to any  damages or injury caused by any failure of performance, error, omission, interruption, deletion,  defect, delay in operation or transmission, computer virus, communication line failure, theft or  destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract,  tortuous behaviour, negligence, or under any other cause of action.

Indemnification 

You will defend and indemnify us and any provider, and each of our officers, directors, employees,  contractors and agents from and against any claim, cause of action or demand, including without  limitation reasonable legal and accounting fees, brought by you or on your behalf or by a third party as  a result of your breach of these Terms or the documents made part of these Terms by reference, your  violation of any law or the rights of a third party or your use of our site.

Copyright 

Any text, photo, graphic, audio and/or video material shall not be published, broadcast, or rewritten for broadcast or publication or redistribution directly or indirectly in any medium. Midgley Advisers Ltd  materials nor any portion thereof may be stored in a computer except for personal and non- commercial use. Midgley Advisers Ltd will not be held liable in any way to the user or to any third party or to any other person who may receive information in the distribution or to any other person  whatsoever for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or  delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned  thereby.

General 

The headings in these Terms are for your convenience and reference. These headings do not limit the  effect of these Terms. Your acceptance of these Terms and use of our site do not create a joint  venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or  transfer your rights or obligations under these Terms. We may modify these Terms, at any time, by  posting conspicuous notice of any modification. Your continued use of our site will be subject to the  Terms in effect at the time of any modification and will be your acceptance of the modified Terms.  These Terms, together with those items made a part of these Terms by reference, make up the entire  agreement between us relating to your use of our site and replace any prior understanding or  agreements regarding your use of our site.