Livingstone - Business Consultants

Terms and Conditions

Thank you for selecting Livingstone Business Consultants Ltd as a supplier of Board Services. We look forward to continued relationships and supporting your organisation and board in meeting your needs. We would set out our Terms and Conditions for the supply of our Board Solutions, Templates and other Services.

1      Interpretation

  1. In these terms and conditions (“the Terms”) the following expressions shall be given the following meanings:
    1. “Website” means Livingstone Board Services Website which is an online e-business accessible via the internet open to any user of the internet network
    2. “We” or “Livingstones” means Livingstone Board Services, a division of Livingstone Business Consultants Limited
    3. “Users” means any person navigating the Website
    4. “You” or “Purchaser” means any User confirming any order
    5. “Parties” means both Livingstone Board Services and any Purchaser
    6. “Board Solutions” means the board solutions that Livingstone Board Services offer for sale
    7. “Templates” mean the board policy templates that Livingstone Board Services offer for sale
    8. “Products” or “Product” means the downloadable products or product including board solutions and board policy templates that Livingstone Board Services offer for sale
    9. “Versions” means any derivatives of the Board Solutions or Templates that have been adapted for the Purchasers own use

2      Purpose

  1. The Terms determine the rights and obligations of the Parties arising from the online sale of Products offered for sale on the Website, and apply worldwide.
  2. The Terms shall apply to the exclusion of any other document.
  3. Please read the Terms carefully. You will be asked to expressly agree to the Terms before you place an order on our website for downloads of our products.

3      Products & Prices

  1. The Products offered for sale by Livingstones are downloadable Board Solutions and Board Policy Templates. We are not in any way providing legal advice or guaranteeing their suitability for your organisation.
  2. The prices for the Products are shown in New Zealand Dollars (NZD). They are exclusive of New Zealand Goods and Services Tax (GST) which will be added at the rate applying on the date of the order. Livingstones reserves the right, which the Purchaser hereby accepts, to modify at prices at any time but the Products will be invoiced on the basis of the prices in effect at the time the order is registered.
  3. Payment must be made on the submission of the order by a valid credit card which will be charged at the time you submit your order. On-line we accept the following credit cards: Visa, Mastercard. We work diligently to protect the security of your personal information, including credit card information.

4      Order Process

  1. The Purchaser will add any Products they wish to purchase into their shopping cart, and then proceed to the checkout.
  2. The Purchaser will be prompted to provide their invoicing details, confirm their order and give their consent to these Terms.
  3. Before giving consent to these Terms, the Purchaser will have the opportunity of identifying whether they have made any input errors which the Purchaser may correct before giving consent to these Terms and the order being processed.
  4. The Purchaser needs to immediately organise payment of their order in full by a valid credit card payment which once processed will enable the Purchaser to download the purchase for a total of two (2) times. The Purchaser must contact Livingstones directly if further downloads are required.
  5. Your payment is being handled by a secure payment system provided by Direct Payment Solutions to ensure the safety of your credit card details. Your payment will be processed in real-time with Bank Grade security. We have no access to your credit card details at any time during your transaction, and your transaction information is stored by DPS in a PCI-DSS security compliant data centre (click here to review their Privacy Policy).

5      Your warranties

The Purchaser warrants to Livingstones that:

  1. You are legally capable of entering in binding contracts;
  2. You have full authority, power and capacity to agree to the Terms;
  3. The information provided in your order is accurate and complete; and
  4. You have or have access to the necessary computer systems, software and network connections to receive and enjoy the benefits of the downloads that you purchase.

6      Guarantee

  1. Except as otherwise expressly provided for in these Terms, the supply of services and templates is subject to Livingstones’ Guarantee Policy at http://www.livingstoneboardservices.co.nz, which is expressly made part of these Terms and which we recommend you read prior to purchasing our services or templates.

7      Privacy Policy

  1. Except as otherwise expressly provided for in these Terms, the supply of Template downloads is subject to Livingstones’ Privacy Policy at http://www.livingstoneboardservice.co.nz, which is expressly made part of these Terms, which we recommend you read prior to providing your personal details.

8      Copyright & Grant of Licence to use

  1. We reserve the ownership of all intellectual property contained in the Products, systems, procedures and forms utilised in the Products.
  2. Subject to your payment of the applicable price and compliance with the Terms, we grant to you a worldwide non-exclusive licence to make any Permitted Use of any solution, template or Product; providing that you must not in any circumstances make any Prohibited Use of any Product.
  3. The “Permitted Uses” are:
    1. Downloading a copy of each Product;
    2. Storing, viewing and editing Products on a single desktop, notebook or other computer;
    3. Printing an unlimited number of copies of any Product for use within the Purchasers organisation;
    4. Publishing a single Board Policy Template Version on a single website;
  4. The “Prohibited Uses” are:
    1. The publishing of any Product (excluding the publication of a Template Version as expressly permitted above);
    2. The use of any Product in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
    3. The sale, licensing, sub-licensing, renting, leasing or commercial distribution of any Product in any format;
    4. The use of any Product to compete with us, whether directly or indirectly
  5. The licence is non-transferable and all rights in the downloads not expressly granted in the Terms are hereby reserved
  6. You must retain, and not delete, obscure or remove, all copyright notices and other proprietary notices placed by us on any Product.
  7. Any breach of these Terms will mean that the licence will be automatically terminated upon such a breach (whether or not we notify you of termination).
  8. Upon termination of the licence, you will promptly and permanently destroy any paper or other copies of the Product or Products, and will irrevocably delete from your computer systems and other electronic devices all copies of the Product or Products in your possession or control.

9      Limitations of warranties

  1. We supply downloadable board solutions and template board policies. These documents or any guidance notes are not intended to be comprehensive and while our products are designed to cover a range of situations, they can not be expected to be suitable for all situations. Accordingly, we do not give any representations, warranties or guarantees that any product you purchase will be suitable for your particular circumstances or your organisation.

10    Limitations of Liability

  1. We will not be liable to the Purchaser in respect of: -
    1. Force majeure: In the event of inability of either party to perform its obligations under this agreement by reason of strike, lockout, riot, industrial action, fire, storm, tempest, operation of law or other cause beyond the control of that of either party, each party shall be released from its obligations under this agreement, but without prejudice to any pre-existing claim, liability or responsibility in respect of this agreement;
    2. any business losses;
    3. any loss of or damage to profits, income, revenue, or anticipated savings;
    4. any loss of use or production;
    5. any loss of management time or office time;
    6. any loss of business, contracts, commercial opportunities or goodwill;
    7. any loss of corruption of any data, database or software;
    8. any special, indirect or consequential loss or damage;
    9. No responsibility for third-party materials or websites: You acknowledge and agree that we are not responsible for, nor do we endorse any third-party material or websites or any content which the Purchaser accesses in the course of using the Website. This includes any reliance upon or offence taken/caused by content, advertising, products or services accessed.
  2. Our aggregate liability to you in respect of a particular contact under these Terms will not exceed the total amount paid or (if greater) payable by the Purchaser to us under that contract.
  3. Business Customers: Indemnity
    1. If the Purchaser is a business customer, they hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these Terms or any infringement by you of any or our intellectual property rights.

11    Miscellaneous

  1. Whole agreement: This agreement supersedes all prior arrangements and (except as provided herein) constitutes the entire agreement between the parties and no earlier warranties, guarantees, representations or other terms or conditions whatsoever not contained or recorded in this agreement shall have any force or effect from the date of this agreement.
  2. Partial invalidity: The invalidity of any part of this agreement will not affect the enforceability of the rest of this agreement.
  3. Non-waiver: Failure by Livingstones at any time to enforce any provision of this agreement is not a waiver of such provision and does not affect the validity of this agreement.
  4. Compliance with legislation: The parties to this agreement shall do such things as are necessary to comply with all relevant national and local legislation in New Zealand including (without limitation) the Commerce Act 1986 and the Fair Trading Act 1986, and agree to use their best endeavours to ensure that the terms and conditions contained in this agreement are enforceable under such legislation.
  5. Notices: All notices and other communications required or permitted under this agreement are sent by the sending of an email message. Livingstones will send emails to the email address the Purchaser entered with their invoicing details and the Purchaser will send emails to the email address on the Website.
  6. Amendments: We reserve the right, at any time, to modify, amend or update these Terms without notice. We do not guarantee that the version you have consented to will remain accessible, we therefore recommend that you print and retain a copy of these Terms for your records.

We are pleased to be of service to you and look forward to developing a long lasting relationship between us. We welcome your feedback on our services and additional board products you seek.

Crafted by Shard Web Design