Terms & Conditions
​
1. Terms of Use
Your use of this APP (Shofer) is subject to these terms of use and all applicable laws. By using this application, you agree to be bound by these terms of use.
2. No legal advice
You confirm that you understand that LegalDocuments.co.nz is not a law firm and that you are not receiving any legal advice through this site.
The use of any information, agreement, Document or user guide on this site does not create a lawyer-client relationship of any kind between the user of the form and us, or any employee or person associated with us.
We are an Internet-based publishing service providing general information, forms, and sample documents. The information, forms and documents offered are designed to provide a guide for common situations and are not tailored to your specific circumstances. This information cannot be construed as legal advice. You acknowledge that the law may be interpreted and applied differently in different situations. You should not rely on this site and associated material without first consulting with a lawyer in relation to your specific situation.
You agree that we are not responsible for any mistake that you make in understanding the site, information on the site, documents, agreements or user guides, completing or using a Document, or obtaining or not obtaining a solicitor’s certificate or professional advice in respect of a Document or its use.
3. Exclusions/Limitation of Liability
We make no warranties or guarantees, except for such guarantees and warranties as cannot be excluded as a matter of law, and all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise are hereby excluded and all liability of LegalDocuments.co.nz whether in tort, including negligence, contract or otherwise is expressly excluded to the full extent permitted by law. The guarantees implied by the Consumer Guarantees Act 1993 and the Fair-Trading Act are expressly excluded where the consumer is acquiring goods or the Services for the purpose of a business. Where you are buying any products or services from us for other than business purposes then these terms of use shall be interpreted subject to your rights under the any specific statute which protects consumer rights.
The Liability of LegalDocuments.co.nz arising from any cause whatsoever, including but not limited to any damage, loss, cost, claim or expense arising out of or relating directly or indirectly to:
Any information, Document, including any agreement, form or user guide purchased via this application; or
Your use of this application
interruption, delay or impairment in the functioning, operation or availability of our application, exposure to or transmission of any computer virus, internet access difficulties in connection with our application, or malfunction in equipment or software
Your use of or reliance on information contained or accessed through this application
Any breach of your warranties stated in these terms of use.
shall be limited to a refund of the cost of the Document purchased and or the resupply of a Document at the option of LegalDocuments.co.nz
4. Governing Law
These terms of use and the provision of goods and service by us are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these terms of use or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand over such dispute.
5. Your Use of this Shofer
You agree to;
Follow our instructions when you purchase any Document.
Use any information from our application strictly in accordance with the terms of the Licence to use set out below.
6. License to use our intellectual property
All agreements, documents, forms or user guides (“Documents”) on this site, will remain our exclusive property and are protected by copyright and other intellectual property laws.
When you purchase a Document you are granted a limited, non-exclusive licence to use and modify the Document for your personal use, where you, or the business you work for is a party to the intended transaction, or you are a professional advisor or consultant and one of the parties to the intended transaction is your direct client in your advisory capacity. You may obtain advice on or modify a Document with the assistance of your professional advisors including your lawyer and it is recommended you do so. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, display, or in any way commercially exploit any of the content of a Document, in whole or in part other than as is expressly permitted.
It is a condition of your license to use any Document that you preserve our copyright notices as far as reasonably possible and at least once on every Document
7. Termination of relationship
We reserve the right to terminate our agreement with you and prevent the further transmission to you, or your use of any Documents from our site, if you breach these terms and conditions.
8. Access and Use of the Services
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to Shofer certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Shofer. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Shofer in writing, you may only possess one Account.
Text Messaging and Telephone Calls.
You agree that Shofer may contact you by telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf in connection with an Shofer account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Shofer at at any time.
User Provided Content.
Shofer may, in Shofer ‘s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Shofer through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Shofer , you grant Shofer a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Shofer’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Shofer the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, norShofer 's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Shofer does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
9. Payment
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Shofer will receives and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. Please visit shofer.nz for further information on your particular location.
All Charges and payments will be enabled by Shofer using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Shofer may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Shofer .
As between you andShofer , Shofer reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Shofer's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Shofer will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Shofer may from time to time provides certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third-Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Shofer may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third-Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Shofer will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. Shofer will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Shofer or its affiliates, where Shofer is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Shofer for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Shofer will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, Shofer does not designate any portion of your payment as a tip or gratuity to a Third-Party Provider. Any representation by Shofer (on Shofer 's application, in the Application, or in Shofer 's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Shofer provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
Repair, Cleaning or Lost and Found Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your. In the event that a Repair or Cleaning request is verified by Shofer in Shofer 's reasonable discretion, Shofer reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Shofer to a Third-Party Provider, if applicable, and are non-refundable.
10. Electronic Communications
Whenever you use Shofer or send emails to us you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this application. You agree that all agreements, notices, disclosures and other communications that we provide to electronically satisfy any legal requirements that such communications be in writing.
11. Privacy Policy
If you provide us with personal information through you use of this application, this information may be retained by us in our database. You have a right under the Privacy Act 1993 to access any personal information held about you or to request us to delete any such information. By accepting these Terms of Use you are acknowledging that you have read and accept our Privacy Policy which is on our site.
We will never sell your information to any third party or business.
12. Disclaimers
We are not responsible for ensuring that the information that you access or make available through using Shofer will be private or secure or free from viruses or other harmful things. We do not and cannot guarantee the availability of Shofer and services or that there will be no interruptions or delays in relation to our application or services. This is because the availability or quality of Shofer may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, and atmospheric, geographic, or topographic conditions.
We are not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third-party sites or information at or accessible from those sites or any loss or damage arising from your use ofShofer . Further, we assume no responsibility for the corruption of any data or information held by us.
13. General
Shofer is owned and operated by Essential Agreements NZ Limited a registered company of New Zealand trading as LegalDocuments.co.nz (“we, us, our”).
We may transfer our obligations pursuant to this application and these terms of use to any person including a related company (as defined under the Companies Act 1993) without notice to you. If we do this then we will not be liable for any act or omission by any transferee arising in relation to these terms of use after such transfer.
Each term of these terms of use is separately binding. If for any reason any term cannot be relied on all other terms remain binding.
You acknowledge that you are not relying on any statement or representation in any form made buy us or on our behalf in relation to the suitability of any Document advertised on this application and you expressly agree not to commence any proceeding or action arising from any statement or representation not set out in these terms of use.