Terms and conditions

General disclaimer of liability for content on our website

1. Gilligan Sheppard Limited (“GS”) is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties except where such warranties are deemed to apply by law. In addition, GS makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of GS howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

2. GS provides various articles and opinion pieces on the site. Articles are usually statements of fact and are intended to provide up to date information on the particular topic at the time of writing. Opinion pieces are just that – the opinion of the author and their views do not necessarily match the views or opinions of GS or of any other GS employee.

3. Neither GS nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site to the fullest extent permitted by law. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

4. Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under the Consumer Guarantees Act 1993 or other statutory rights which may not be excluded.

5. Copyright

5.1 News, articles, contributions, photographs, drawings and information (“the material”) on www.gilshep.co.nz and all other websites published by GS (hereinafter referred to as "we" or "the company") is provided free of charge on the basis that the company expressly disclaims any warranty in the material published. While taking all reasonable care to ensure that the material is accurate, the company accepts no liability for any error or omission and further, accepts no direct, incidental or consequential loss or damages arising from its publication.

5.2 GS is the proprietor of all of the intellectual property and get-up in www.gilshep.co.nz (“Gilshep”).

5.3 All material published is copyright of Gilshep or GS and/or the original authors, photographers or contributors and not in relation to any business or commercial activity. The material is provided for the use of individual readers only and may be accessed (and printed) for your personal use only. All other trademarks, brand names, product names and titles and copyrights used in this site are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by GS in respect of the use of any of them and such use may constitute an infringement of the holders rights. While we welcome all normal links to our sites we regard "deep linking" an infringement of our copyright. Video links information below if you would like to link to our website.

5.4 All images on the website are copyright protected. The purchase of an image does not carry with it the right to make a reproduction of it in any form without the prior written consent of the photographer. A prior payment of a reproduction fee may be required.

5.5 Links to external sites
Gilshep and other GS websites contain numerous links to assist you to access further material and to companies and organisations which advertise with us. These links attempt to take you to sites over which we have absolutely no control. We deem that these links are in a form that clearly identifies your accessing of a third party website. The company offers no warranty whatsoever as to the veracity of any information published on external websites and readers must satisfy themselves as to the validity of information (including copyright and trademark information) obtained from them or how they may use personal information gathered from readers. Vide our privacy policy hereof.

5.6 Linking to our websites
You are welcome to link to Gilshep provided however, the form of the link shall clarify that the link is to an external site. We would prefer links to go to the Gilshep home page or the first page of any of the main sections of the following sites (i.e. Gilshep, www.gilshep.co.nz etc). Linking to other sections or pages runs the risk of your site containing broken links as we do not offer any warranty regarding location addresses which may be changed at any time without prior notice. Any specific requests in respect of linking may be directed to web@gilshep.co.nz. We regard "deep linking" as an infringement of our copyright.

5.7 To get a link from GILSHEP
We may provide links to many other sites. If you would like us to consider putting a link to your site, email details to web@gilshep.co.nz with a brief description of your site. We reserve the right to refuse or discontinue any unpaid link at any time without notice or giving reason.

Data Protection Privacy Policy

6. Privacy policy

6.1 Gilligan Sheppard Limited (“GS”) is committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.

6.2 By using this site, you hereby agree to the policy of GS. If you do not agree to the policy, please do not use this site. GS reserves at its sole discretion, the right to modify this policy at any time whatsoever.

6.3 Any information posted on online forums becomes public information. We advise you to use caution when sharing personal information on such forum made available on this site as any of it can be collected and used by people you may not know. We further advise users under the age of 18 years not to divulge any personal information. While GS strives to protect and respect your privacy, it cannot guarantee the security of any information you disclose on such forum and any information so shared is at your own risk, and we accept no responsibility for any loss or damage suffered by you on disclosure of such information.

The information we collect and how we use it
6.4 When you register for our service we need to know your name, postal address, e-mail address and telephone number, if applicable.

6.5 We gather this information to allow us to provide you with targeted subject matter which may be in the form of investment offerings, service updates, legislation changes alerts etc, which we believe could be of relevance to you.

6.6 We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.

6.7 From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide. We or our agents and sub-contractors may contact you by post, e-mail or telephone to ask you for your feedback and comments on our services.

6.8 We and any related companies may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you. You have the right at any stage to choose not to receive such information. If you would rather not receive this information, please send a request by email to web@gilshep.co.nz

6.9 We may also want to provide you with related information from third parties we think may be of interest to you. You have the right at any stage to choose not to receive such information. If you would rather not receive this information, please send a request by email to web@gilshep.co.nz

6.10 We may also provide your information to carefully selected third parties whose products or services we believe may be of interest to you. You have the right at any stage to choose not to receive such information. If you would rather not receive this information, please send a request by email to web@gilshep.co.nz

7. Our use of cookies and other information gathering technologies

7.1 A cookie is a small data file that a website transfers to online users' hard drives to remember service settings. Cookies allow us to gather the following information: the date and time of your visit, the duration of your visit, the pages you visit, the domain name from which you access the internet and the referring address you linked from. We use this information to measure the number of visitors to the different pages of our site and to help us make our site more useful to you.

7.2 Can I get rid of cookies?

Yes. You can set your browser to notify you when you receive a cookie, and to decline or accept it. However, cookies do help to keep websites working more efficiently.

8. How we protect your information

The internet is not a secure medium. However we have put in place various security procedures as set out in this policy.

8.1 Gilshep does not collect any personally identifiable information unless you provide it to us. When you’re checking out our website, certain information can be passively collected (that is, collected without you actively giving us the information) using various technologies, such as cookies.

8.2 If you sign up to our website and submit personally identifiable information to us, we make our best efforts to keep this information protected. Unfortunately, no transmission over the internet can be guaranteed to be 100% secure. So while we strive to protect your personal information, we cannot ensure the security of any information you send to us. However, once we receive your transmission, we do everything in our power to ensure its security on our systems. Please remember that whenever you voluntarily give out personal information online, for example on message boards, through e-mail, or in chat areas, that you are giving strangers access to your details which can be misused. Gilshep.co.nz strongly recommends that you never post personal information in any public area of the Internet. If you are under 13 years old and you decide to post or send personal information to us or to other areas on the Internet, we suggest you check with your parents that it's okay.

8.3 We also keep your information confidential. The internal procedures of GS cover the storage, access and disclosure of your information.

9. Sale of business
If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

10. Updating your details
If any of the information that you have provided to GS changes, for example if you change your e-mail address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail to web@gilshep.co.nz or by sending a letter to Web Administration, PO Box 6310, Wellesley Street, Auckland.

11. Your consent

11.1 By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. We will also e-mail you should we make any changes so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.

11.2 Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside New Zealand that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.

12. How to contact GS
We welcome your views about our website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail to web@gilshep.co.nz.

13. Notices
Unless otherwise expressly stated in these terms and `conditions, all notices from you to us must be in writing and sent to our contact address at PO Box 6310, Wellesley Street, Auckland and all notices from us to you will be displayed on our website from to time.

14. Invalidity
If any part of these terms and `conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these `conditions will not be affected.

15. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.

16. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contract (Privacy) Act 1982 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

17. Governing law
The contract between us shall be governed by and interpreted in accordance with New Zealand law and the New Zealand courts shall have exclusive jurisdiction to resolve any disputes between us.

Terms and Conditions relating to classifieds section

18. Advertising

18.1 GS accepts all advertisements in respect of its listing space in the various categories (“the advertisements”) from you for publication in all GS publications under GS’s control on the following terms and `conditions and such terms and `conditions will apply to:

(a) classified advertising in Gilshep.co.nz and other GS controlled online and print media;

(b) Online advertising on GS controlled web sites; and

(c) All other advertising services provided to the customer by GS.

19. You as Advertiser
‘You’ shall mean the Advertiser and shall include an Advertising Agency that instructs GS to place advertisements.

20. Your Undertaking

20.1 You hereby undertake to GS that no advertisement will:

(a) Give rise to any claims or liabilities against GS, its employees or agents;

(b) Infringe any copyright, trademark, registered design, patent or other intellectual property rights of any person;

(c) Contain material that is obscene, offensive, defamatory or otherwise unsuitable for publication;

(d) Be or likely to be misleading or deceptive or infringe the provisions of the Fair Trading Act 1986 or any other statute, or regulation.

21. You hereby indemnify GS and its employees and agents and agree at all times hereafter to keep the GS indemnified from and against all losses and expenses (including legal costs) which GS may suffer or incur in consequence of any breach or non-observance of any of the covenants terms and `conditions contained hereof on your part to be performed or observed and the you agree that you shall remain liable to GS under this indemnity until all moneys shall have been paid and all obligations and indemnities performed and satisfied notwithstanding as a consequence of such breach or non-observance GS may have exercised any rights available to it whether by contract, at law or otherwise and notwithstanding that you may be wound up or dissolved and notwithstanding that any guarantee given by you may for any reason whatsoever be unenforceable either in whole or in part.

22. GS’s Rights

22.1 GS may in its sole and unfettered discretion without notice to you:

(a) Alter any advertisement if it deems necessary;

(b) Refuse to publish any material; and

(c) Cancel, reject or refuse to publish any advertisement and GS shall not be required to provide reasons for such rejection or refusal at any time whatsoever.

23. No Guarantee

23.1 GS will attempt to provide you with the positioning of the advertisement on the site page as you request in respect of an advertisement provided however, GS does not guarantee the following:

(a) That your product featured in the advertisement will be the only product of that type featured on that part or any other site page or anywhere on the site;

(b) GS shall not be responsible in any way whatsoever in the event that the your request cannot be granted; and

(c) The availability of the chosen colour and style classified advertising. Your advertisement may appear in black and white and GS will refund extra charges pertaining to colour classified advertising.

24. Liability

24.1 Except as provided herein, GS excludes to the fullest extent permitted by law, all warranties, representations and conditions whether implied by law, trade or otherwise. GS and its employees or agents shall under no circumstances be liable whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or damages suffered by you or any other person. The liability of GS including its officers, employees and agents to you shall be limited to the amount commensurate with the cost of the space of the respective advertisement and the said liability may arise for any loss or damage touching these terms and `conditions or advertisements including errors however caused whether by negligence, system failure, misclassifications, internet outage, viruses, worms or delay. GS shall bear no liability whatsoever if you do not advise GS of any error within five (5) days of publication of the advertisement.

Consumer Guarantees Act 1993 (“the Act”)
25. For the sake of clarity, the provision of the Act is expressly excluded if you are not a consumer under the Act and acquire or hold yourself out as acquiring goods or services from GS for the purposes of a business. Notwithstanding this clause nothing in these conditions will affect your rights as a consumer under the Act.

26. Events Beyond GS’s Control

26.1 GS will not be liable to you or any other person for any loss whatsoever occasioned due to the non-publication of an advertisement arising from any cause beyond GS’s control. Such event may include any failure of GS’s site or computer networks (“the outage”). GS will take responsibility to restore its site and any links thereof should such an event occur. You may cancel your contract for any affected advertising if the site is not restored within ten (10) working days of the outage.

Advertising Material
27. You shall collect advertising material submitted to GS immediately after publication if you require advertising material returned provided however, GS will not be responsible for any loss or damage to any advertising material submitted.

Assignment
28. You shall not assign your advertising space to any third party or place advertisements on behalf of third party advertisers.

29. Variation of Terms

29.1 We reserve the right to vary these terms and conditions at any time without prior notice provided however, any variation will not affect prior agreed advertising orders and you may cease advertising with GS if you do not agree with the variations.