The Law Association

Website and related Products & Services Terms of Use

Welcome to The Law Association Inc. website.  By accessing and using our website, and our related products and services, you confirm that you have read and agree to the following terms:

 Scope & Definitions

  1. These terms apply to your access to, and use of, our website and related products and services. Clauses 21 onwards below contain additional specific terms that apply in relation to particular products and services we offer (e.g., WebForms, CPD, and Find-a-lawyer)
  2. The terms “we”, “our” and “us”, when used in these terms mean The Law Association, and the term “you” and “your” mean you our member, customer or user.

Our Obligations

  1. We will use all reasonable effort to ensure that the information on our website is correct at the time of first publication, and that our products and services are supplied to you with reasonable care and skill, subject always to these terms.

 Your Obligations

  1. You must:

a) comply with these terms and conditions at all times;

b) make sure all information you supply to us is complete and accurate; and

c) ensure that any username, password login or other secure access information to our website as we may supply to you, is kept strictly confidential at all times, and is only used for the purposes it is provided for and in accordance with any instruction supplied by us.

  1. You must not use our website, any of its content, or any of our products or services:

a) in breach of any legislative or regulatory provision or for any other unlawful act;

b) to damage or disrupt our website, its content, or any of the products or services offered by us or any third party through us;

c) to access, use or interfere with any computer system or data (whether by hacking or by other means) other than as may be expressly permitted by these terms or on our website (e.g., to access and use a particular service as intended by us);

d) to intercept or in any other way deal with email or other communications which are not intended by the sender to be received by you;

e) for sending spam, chain letters, pyramid schemes, hoaxes, or other similar unsolicited communications of any kind;

f) to abuse, defame, threaten, stalk, or harass others;

g) for sending objectionable language, content, or any expressions of hatred, racism, or anti-religious remarks of any kind;

h) for running any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;

i) for introducing any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else’s network or computer system;

j) using a false identity for any purpose including misleading others as to the identity of the sender or origin of any message;

k) by using any third-party business to access our website or any of our services on your behalf without our prior written consent; or

l) for the purpose of reselling (in any way) any content on our website, or any of our products or services to third parties.

  1. You agree to fully indemnify us (including our officers, employees, and agents) and hold us harmless against all loss, damage, cost, or expense we may suffer or incur as a result of any breach of these terms by you.

Links and Advertising

  1. Our website may contain links to third party websites. Those other websites are not under our control and so we are not responsible for the content, or the links contained in those websites. We do not necessarily recommend or endorse the content of any third-party website which may be linked to or from our website, or the products or services of any third-party organisation mentioned or described on our website. You acknowledge that you enter any third-party websites at your own risk.
  2. Our website may contain advertisements for third parties’ products and/or services. You acknowledge that the third-party advertisers are solely responsible for the accuracy of all representations made in those advertisements. We are not the party offering those goods or services for sale and do not necessarily recommend or endorse those goods or services or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on our website, you do so at your own risk. We disclose that we may receive a commission or other advertising or promotions related revenue from the third-party advertiser, and you confirm your acceptance of this.

Fees & Charges

  1. Some of our products and services require fees and/or charges to be paid to us for your purchase or right to use the relevant product or service. Those fees and/or charges will be as displayed on our website or otherwise notified to you. You agree to pay all such fees and/or charges to us (without any deduction) before you purchase the relevant product or service, unless expressly stated otherwise by us. All fees and/or charges displayed by us on our website are deemed to be GST exclusive (unless expressly stated otherwise by us), and you agree to pay the required GST to us as well, at the same time payment is due.  If you do not pay us on time as required, we will be entitled to apply interest at the rate of 15% p.a. calculated daily, as well as recover from you all of our reasonable recovery costs.

Intellectual Property & Confidentiality

  1. We either own or otherwise have the right to licence all the intellectual property and related content displayed on our website. Unless stated otherwise in writing by us, you are permitted to view this information only, and you must not copy or use of any material on this website, or in any way deal with our website, other than as promoted by us on our website. You are only permitted to use the material on our website for considering whether to purchase our products and services (or those of any third parties as may be displayed by us), or for seeking support and assistance. In particular but without limitation, you must not make any use of any trademarks displayed on our website (whether ours or a third party’s) without our prior written consent. You agree not to assert any intellectual property claims against us regarding any content displayed on our website.
  2. If a particular product or service is intended to be personal to you (i.e. your organisation or you as a person), and we disclose any information to you as part of that service (i.e. that is not publicly displayed on our website), then that information must be treated by you as confidential at all times and can only be disclosed or otherwise used by you solely for using the particular product or service offering, or with our prior written consent.

Your Privacy

  1. Both parties agree and accept the terms of our Privacy Policy (displayed separately on our website), and that this policy governs our use of the personal information we receive about you as an individual.

Limitations and Exclusions

  1. Our commitments to you as stated in these terms are subject to the following reasonable limitations and exclusions:

a) Any opinion that may be stated on our website (or in any event we may promote), including any legal opinion or view, is from the person or organisation making it (and not necessarily from us) and is also intended for general information purposes and not to be used as legal advice. If you are not a lawyer, then you should always seek appropriate professional legal advice from a licensed, practising lawyer in New Zealand in relation to the issues you have.

b) We do not warrant or represent that our website or products and services, or any links or third-party content, will operate on a continuous or fault free basis, or will be completely secure or private all of the time, or will be free from viruses or other harmful features – even though we take reasonable measures to avoid or mitigate these types of issues.

c) We will use all reasonable endeavours to restore any services outages as soon as reasonably possible but are unable to guarantee any particular time frame.

d) All terms and conditions that would otherwise be implied, by operation of law, so as to form part of these terms, are excluded to the fullest extent permitted by law. In particular but without limitation, to the extent you are using our website or our products or services for business purposes then you agree that the Consumer Guarantees Act 1993 is fully excluded from our relationship with you, and for the purposes of section 5D of the Fair Trading Act 1986, sections 9, 12A and 13 of that Act do not apply, and you agree that this is fair and reasonable in the context of these terms.

e) We (including our officers, employees, and agents) are not liable to you in any way for any indirect or consequential loss, or for any loss of profit, revenue, or data. In respect of any loss for which we may be liable to you, our liability to you will at all times be limited to the that amount which you have paid to us in the six-month period preceding the date of any claim from you (or if a series of related claims, then prior to the first of those claims).

f) We will not be liable to the extent that such liability arises from any third-party telecommunications failure or quality issue, or failure of electricity mains supply, or strike or other industrial unrest, or any riot, fire, explosion, flood, earthquake, vulcanism or other Act of God, or any governmental action, or any other cause which is beyond our reasonable control.

 General Terms

  1. Any links in our website to legislation or to regulations are normally to unconsolidated versions of those items. You must ensure that you check all references against the fully consolidated and updated version of the relevant item.
  2. We may from time to time amend, update, or change our website, including these terms, without prior notice. Each time you use our website or products and services, you will be deemed to have accepted and agreed to the most recent version of these terms then displayed.
  3. These terms (and any other terms we display on our website) constitute the entire agreement between you and us with respect to your use of our website, products, and services, and replace all prior understandings or agreements, written or oral, regarding the same.
  4. If any provision of these terms is found to be legally invalid or unenforceable, that will not affect the validity or enforceability of the remaining provisions of these terms which remain in full force and effect.
  5. Any failure by us to insist upon or enforce strict performance of any of these terms will not be construed as a waiver of any right or remedy we may have in respect of any existing or subsequent breach of these terms.
  6. New Zealand law governs these terms. You consent and submit to the non-exclusive jurisdiction and venue of the Courts of New Zealand for any cause of action relating to or arising under these terms.
  7. We operate our website for New Zealand members, customers, and users. The information contained on our website may not be appropriate or available for use in other countries. If you access our website from other countries, you do so at your own initiative and risk.

Terms for Specific Products and Services

  1. WebForms

Use of our WebForms website is governed specifically by the WebForms Terms and Conditions, in addition to clauses 1-20 above, and any other clauses as may apply to you at any time.  The WebForms Terms and Conditions can be viewed here.

  1. CPD (Continuing Professional Development)

These CPD terms are in addition to the terms stated in clauses 1-20 above.

Our online interactive CPD tools and related services involve the receipt, storage, and use of your personal information, firstly, for your own access and use, secondly, for access and use by your employer if they are also registered to use our CPD services, and finally, for our use for internal administrative purposes only.  Our Privacy Policy specifically covers this receipt, storage, and use of your personal information.  You confirm you have read and accept those terms (both from an employee and employer perspective as may be applicable).

If you are an employee and your employer has also registered to use the CPD services, your employer will be able to book and pay for CPD events on your behalf, and your personal CPDR file will be updated as a result.  Your employer will also be able to view summary information concerning your “Booked” and “Attended” (and completed) CPD events and view your current CPD year points total at any time.  You provide your consent for this information to be accessed by your employer. Your employer will not be able to view your CPD Plan, Reflections or other information concerning you.  If you change employers, please email us to confirm the change and the timing of the change.

If you represent an employer organisation which is registered to use the CPD service, then you undertake on behalf of your organisation that it has all required authorities and consents to access and use the employee member’s information as part of our CPD services, and that it will only use that information for its own internal purposes in accordance with your rights and obligations as employer (which may include reporting that information to one or more third parties). You will indemnify us for any loss we suffer as a result of a breach of this clause by you as an employer.

Our online interactive CPD tools and related services also involve:

a) The supply of CPD content to you or your firm (whether electronically, online, or otherwise). You acknowledge and confirm that all intellectual property rights relating to such content remain owned at all times by us or our licensors as the case may be. Your purchase only involves the grant of a limited licence to view the content, for the agreed number of viewers, for your internal training purposes only.  You do not have the right to copy or reproduce the content for any reason, or to allow any other viewers to view that information.

b) Involve the recording of your annual CPD points accumulation as triggered by the requirements set by law and also as communicated by us. You are responsible for the verification (if required) of any points allegedly accumulated from CPD events organised by third parties not associated with The Law Association. Subject to this clause, in the absence of manifest error as proven by you, our records in this regard will be final.

c) Involve the payment of certain fees and charges by you as displayed by us. You agree to pay these fees and charges in accordance with these terms.

You will indemnify us for any loss we suffer as a result of your breach of this clause 22.

  1. Find-a-Lawyer

These Find-a-Lawyer terms are in addition to the terms stated in clauses 1-20 above.

The information contained in the Find-a-Lawyer section on our website is provided by the individual practitioner concerned.  We do our best to ensure the accuracy of that information but cannot guarantee the content as this is provided by the practitioner concerned.

  1. Member Benefits – The Law Association Business ‘Partner’ Programme

Clause 24 is in addition to clauses 1 to 20 above.

If you are one of our members and choose to opt-in to purchase any products or services from one or more of our third party Business ‘Partner’ Programme suppliers (as described on our website or otherwise communicated to you) then you acknowledge that:

a) the terms of supply and all rights and obligations under that supply arrangement are solely between you and the third-party supplier concerned;

b) The Law Association is not liable to you in any way for any loss, damage, cost or expense which you may suffer or incur as a result of entering into such a supply arrangement (other than any obligations at law which we are not legally permitted to exclude), however we will attempt to facilitate an acceptable resolution of any issues you may have if you request us to do so; and

c) We are permitted to receive fees or other revenue (including commission) from such third-party suppliers as a result of facilitating the provision of the special offer terms for your benefit.

  1. Law Student work experience assistance service

Clause 25 is in addition to clauses 1 to 20 above.

In association with a number of New Zealand university law students’ societies we are running a programme for 4th and 5th year law students and law firms located in the Auckland, Waikato, Wellington, and Canterbury regions.  The programme involves the operation of a ‘notice board’ type advertising platform on our website to enable participating law firms to advertise work experience opportunities to law students. The scope of our service is narrow in that we merely enable our member firms to place adverts, and for those adverts to then be viewed by those law students who choose to register for the service. The programme will run until end November 2016 but may be extended at The Law Association’s discretion.

The Law Association expects that where unpaid positions are offered, that these are genuine learning experiences.  If the law student is to do work that an employee would otherwise do, then The Law Association would expect that to be offered as a paid opportunity.

Each advertising member firm has full responsibility for ensuring that its advertisement content is accurate, and that the member firm then runs its own background checks on any applicant they may wish to engage with.  Our obligation is merely limited to placing the advert for a limited period.

Each participating law student acknowledges and confirms that:

a) It is only the member firm or person concerned that is potentially recruiting, not us (as we are merely providing a limited advertisement placement service), and that this means that any position related issue which you may have must be addressed solely between you and the member firm or person concerned, not with us;

b) All information supplied by him or her in relation to an advertised position is accurate and not misleading;

c) There is no guarantee they will secure any position or a remunerated position; and

d) Apart from any information supplied for the purposes of registering in our systems, all other information provided by each law student (whether personal information or otherwise) is supplied directly to the advertising member firm and is their responsibility, not ours.


Survey Draw Terms and Conditions:

  1. Eligibility:

The prize draw is open to Lawyer Members, Qualified Members, and Contributing Members and Legal Executives, who complete and submit The Law Association Member November 2023 Research questionnaire. Each member may enter the prize draw once only.

2. Prize:

a) The Law Association will award 10 x $100 GiftPay eVouchers to 10 randomly selected eligible members (1 e-voucher per eligible member) who successfully complete the survey.

b) The prizes are non-transferable and cannot be exchanged for cash or an alternative.

3. Entry Period:

To be eligible for entry, all completed questionnaires must be submitted by 5 pm (NZST) on Friday, 1 December 2023.

4. Notification:

a) The prize draw will take place on Tuesday, 8 December 2023 and the winners will be randomly selected from the eligible entries.

b) The Law Association will attempt to contact the winners via email or phone within three (3) business days of the prize draw date.

5. Public Announcement:

The names of the winners may be announced on The Law Association’s official website, social media channels, or other communication platforms.

6. Data Usage:

a) By participating in this survey and prize draw, participants agree to allow The Law Association to use their responses for research purposes in an anonymous and aggregated form.

b) Personal data collected from participants will be used only for the purpose of the survey and prize draw and the data will not be shared with third parties without express consent.

7. General Conditions:

a) The Law Association reserves the right to disqualify any entry that does not comply with these terms and conditions.

b) Participation in the survey constitutes acceptance of these prize draw terms and conditions. The Law Association’s decisions regarding the prize draw are final and binding.

8. Amendments:

The Law Association reserves the right to amend these terms and conditions or cancel the prize draw at its own discretion.

9. Contact Information:

For any enquiries regarding this prize draw, please contact The Law Association Membership Team at membership@thelawassociation.nz.

    If you have any queries regarding our Terms of Use, please contact us on 09 303 5270, or email reception@thelawassociation.nz

    © The Law Association Inc., 2023

     

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