Terms and Conditions of Site use
In these terms, unless the context otherwise requires:
- a. Client means the person whose name, or name and date of birth are inputted into the Website;
- b. Customer means a person whose name, or name and date of birth are inputted into the Website for entertainment purposes;
- c. Customer fee means the sum paid for any e-product;
- d. E-Commerce Services means the services available through the Website by which amounts payable to us may be paid to us by online credit card transaction and
- e. E-Commerce Process shall mean the process by which those services are provided;
- f. E-Products shall mean any material written or otherwise generated by the Website;
- g. Price means the price paid by you for your use of the Website;
- h. Subscriber means person or client purchasing e-products from the Website;
- i. Terms means these terms and conditions;
- j. We,
- k. us or
- l. our are references to Vaughan Limited and includes our associated or subsidiary companies;
- m. Website means our website located at the url www.numerology.net.nz and any redirection to other websites under the banner of Vaughan Limited and includes all the elements which make up the Website such as the source code and layout.
About The Website
The Website is an online tool which allows people to receive information generated from inputted data namely people's names and dates of birth supplied by the person or client using or subscribing to the Website.
The Website requires the Subscriber to enter the name and date of birth (or just name) of a person to have produced for them a Numerology report.
The reports provide information pertaining to the customer's strengths and weaknesses, character traits and personality as examples and may, dependent on the e-product purchased, receive a forecast in the form of annual and monthly disclosures.
- The Price shall be the price advertised on the Website and may alter without notice at any time by us.
- Payment of the e-product shall be by using the E-Commerce Services supplied from the Website.
- You authorise us to deduct the Price from the credit card you use to pay for the e-product.
Your Use of Vaughan Limited E-Commerce Services
By subscribing to the Website, you agree:
- a. To only use the Website and the E-Commerce Services for the purposes for which they are intended and not to use either for any unlawful or improper purpose;
- b. Only to use the Website for the purpose it is intended for;
- c. Not to modify, hack, add to, transfer, copy, adapt, translate, create derivative work of, reverse engineer, decompile or disassemble the Website or any material contained and produced therein;
- d. To keep all information generated by the Website confidential to you and hold such information strictly in accordance with the Privacy Act;
- e. To ensure that where you collect personal information about any other person that you comply with the law and have the other party's consent;
- f. All information generated by the Website and all information contained on the Website is our copyright and you may not reproduce such information except with our consent of which you must provide evidence for any permission given.
In using our Website and E-Commerce Services, you represent and warrant that you are over 18 and have legal capacity to contract in New Zealand and receive marketing material generated from time to time from us. If you are using a credit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all charges incurred through the use of our E-Commerce Services.
Upon completing a transaction using our E-Commerce Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. You should print the transaction confirmation for future reference and your files.
Important: We shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of providing E-Commerce Services or for loss of data or information caused by factors outside of our control.
A refund will only be provided when it has been proven that there has been an overpayment or where we are obliged to provide a refund by law. When applying for a refund you must provide us with proof of the overpayment or provide reasons why the refund should be made. If your refund request is accepted, the refund will be transferred back to the originating credit card.
Your use of our E-Commerce Services means that you agree to provide information through electronic means. This means you agree to provide any relevant information in the format and to the standards described for each transaction. It also means you agree and understand that the information will be retained in electronic form.
You always have access to the information we hold about you subject to the provisions of the Privacy Act.
You agree that we may use your personal information to advise you of our services and product offers.
Our aim is to provide an uninterrupted online service through the Website. However we shall not be liable if the Website becomes unavailable due to any technical fault or any other reason.
The information which you submit to the Website is protected by password. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website (including credit card information) may be read or intercepted by others, even where a Website is stated as being secure. We shall not have any liability for the interception or 'hacking' of data through the Website by unauthorised third parties.
Guarantees, liability and indemnity
Whilst great care has been taken to ensure the accuracy of all information generated by numerology.net.nz we make no guarantee that such information is accurate and you rely upon such information at your own risk.
We cannot warrant that the E-Commerce Process, and/or your use of our E-Commerce Services or the Website will be faultless, immediate, continuous, and virus free, nor that information provided through the Website or the E-Commerce Process will be complete, accurate or up to date. We will endeavour, however, to ensure the Website and E-Commerce Services are available at all times, subject to maintenance.
We shall be entitled at any time without prior notice or any liability to you, to alter, cancel or suspend any or all of numerology.net.nz or the E-Commerce Services temporarily or permanently and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
We accept no liability, whether direct or indirect, for any loss, damage or expense (including loss of profit, consequential loss, exemplary, incidental or punitive damages) occasioned through:
- a. your use of the Website;
- b. any actions you take consequent upon receiving the information generated by the Website;
- c. any breach by us of these Terms;
- d. the refusal or reversal of credit card payments which are matters between you and your credit card provider.
If, notwithstanding the foregoing, we are found to be liable to you for any damage or loss which arises as a result of your use of the Website or the E-Commerce Services, our liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. Otherwise, the Consumer Guarantees Act 1993 and Sale of Goods Act 1908 are excluded to the fullest extent permitted by law.
You agree to indemnify us in respect of any loss or damage which we suffer arising from any claim against us by you from your breach of these Terms or your use of the Website.
The Terms may be altered or reviewed by us, with or without notice. You should check and read these Terms carefully each time you use the Website.
These terms and conditions and the online services they cover are governed by New Zealand law.
You agree to submit to the exclusive jurisdiction of the New Zealand Courts.
Last Modified: November 7th, 2011 at 10:40 am.
We will not use, disclose, share, sell or divulge any of your personal information to third parties unless asked and authorized by you, or required and authorized to do so under law by lawful authorities.
We may use your personal information:
- For purposes related to demographic research, planning, product development, security testing and risk management;
- For purposes connected with the operation, administration, development or enhancement of our services Website;
- And where we suspect that fraud or unlawful activity has been, is being or may be engaged as with credit card misuse for example.
- Your email address, all information you provide to us, re names and birth data, information are strictly confidential.
- Please ensure you have permission to enter the information of any other person to engage in the services provided by the Website as we will not be held responsible or liable for any information you provide about a third party.
- Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
If you have any questions or feedback about privacy or security please contact us.
Ph (+64) 9 416-0189
Last Modified : June 21st, 2014