Terms & Conditions
These online Terms and Conditions are comprised of the following informational components:
Definitions
Terms and Conditions
Website Operations
Information and Disclaimers
General Info Only – Non Advisory
Copyright
Trademarks
Code of Conduct
Goods and Services Tax
Third Party Links & Advertising
Limited Liability
Applicable Law
Company Name: Mungo Designs Limited (hereafter ‘MDL’)
Registered Office: means the registered address of the business. The registered offices of Mungo Designs Limited is located at: Willow Grove, Waipukurau 4200 Central Hawkes Bay, New Zealand.
Penneylaneonline.com: means the internet domain name of the blog owned by Gail Penney, owner at MDL (hereafter ‘PLO.com’)
Terms & Conditions: means this Agreement along with any other Terms & Conditions, Notices and Disclaimers contained elsewhere on this website form the conditions of supply for the use and access of POL.com, a MDL-owned website.
Your use of this website indicates your acceptance and agreement to abide and be bound by these conditions and any revisions or updates the owner of MDL may wish to make in the future. Should you disagree with any of these conditions or any subsequent revisions or amendments, the most appropriate course of action is to immediately discontinue your use of this website. Alternatively, you may register a complaint by emailing me: gail[at]penneylaneonline[dot]com.
Back to Top
Website Operations
For the purposes of this document, the ‘website’ refers to all information held under the Penneylaneonline.com internet domain name. The website is owned and operated by Mungo Designs Limited owner Gail Penney.
From time to time, MDL may run Competitions, Prize Draws and/or Promotions on the website. These will be subject to additional Terms & Conditions, the details of which will be made known to you at that time.
From time to time too, MDL may also review and update the Terms & Conditions that control your use of the website including Disclaimers to take into account new laws and technology, changes to its operations or practices and to make sure it remains appropriate to the changing business environment.
Any and all amendments can only be made by the owner of MDL or her designated authority. If you have any enquiries please contact Gail Penney: gail[at]penneylaneonline[dot]com
Back to Top
Information & Disclaimers
All material on the website is provided in ‘good faith’. The content of such material may be derived from sources believed to be accurate and current as at the date of publication. Your use of this material from the website is at your own risk. Access to the website is offered on an ‘as available’ basis.
Neither MDL nor its owner make any representation or warranty that:
- Any material on the website will be totally reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in or omissions from that material; or
- Your access to the website will be uninterrupted, timely or secure. However, PLO.com has implemented strong security features to give Users the confidence they have done everything in their powers to protect their User information.MDL will not be liable for loss resulting from any action, decision by you in the reliance on the information in its website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties or malfunction in equipment or software.
Back to Top
General Info Only – Non Advisory
The material in this website provides general information only. It is not intended as professional advice and must not be relied upon as such. You should make your own enquiries and take independent professional advice tailored to your specific situation prior to making any decisions.
Back to Top
Copyright
The material provided in the website comes from a number of sources. Where applicable, care has been taken to attribute online information sources to their respective owners. While this may not be obvious in the actual website, it is practised in the back-end of the website via trackbacks to notify those sources that we have linked to them. On other occasions, direct permission has been sought from the copyright owner. PLO.com is a WordPress site so webmasters/owners are notified automatically using pingbacks.
You may use this material for your personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not other wise be used, copied or reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act).
You may not use any part of the material on the website to establish, maintain or provide, assist in establishing, maintaining or providing your own publications, internet site or other means of distribution without the direct written authorisation from the owner of Mungo Designs Limited.
Back to Top
Trademarks
The Mungo Designs Limited logo is a trademark of Mungo Designs Limited. From time to time, other trademarks may be displayed on the website. These belong to the Third Parties. Nothing displayed on the website should be interpreted as granting any licence or right to use any logo, masthead or trademark displayed on this website without the expressed written permission of the relevant owner.
Back to Top
Code of Conduct
As a condition of your use of our website or any services on our website, you agree that you will not use the website for any purpose that is unlawful or prohibited by these Terms & Conditions, any other Terms, Conditions or Notices appearing anywhere in this website.
You agree to abide by all applicable laws and regulations, in particular, you agree NOT to:
- Use our website to defame abuse, harass, stalk, threaten or otherwise offend others
- To publish, distribute, email, transmit or disseminate any material that is unlawful, obscene, defamatory, indecent, offensive or inappropriate.
- Use any automated scripting tools or software.
- Engage in or promote any unauthorised surveys, contests, Pyramid Schemes, chain letters, unsolicited emailing or spamming via our website.
- Impersonate another person or entity.
- Upload, post, email, transmit or otherwise make available using the website, any material that you do not have a right to make available under any law or contractual obligation or which contains a virus or other computer codes, files or programmes designed to interrupt, limit or destroy the functions of other computer software or hardware.
- Breach any applicable laws or regulations.
Mungo Designs Limited has no obligation to monitor any User’s operation of the website, however, it retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or Governmental request.
Mungo Designs Limited will seek appropriate legal costs from you should it suffer any loss or damage or incur any costs in connection with any breach of these Terms & Conditions or any other legal obligation by you in your use of or conduct on our website.
Back to Top
Goods & Services Tax (GST): means the New Zealand Goods & Services Tax charged under the Goods and Services Tax Act 1985. As at 1 October 2010, the GST rate chargeable is 15%.
Tax Invoice: means an Invoice as defined by the Act.
Unless otherwise stated, charges referred to for the use of any service or purchase of goods provided by Mungo Designs Limited on its website, is GST inclusive. Unless otherwise stated, charges referred to for use of any Services provided by Mungo Designs Limited via the website are GST inclusive.
Where GST applies as payment for online credit by a website member, Mungo Designs Limited will deduct the GST it incurs from each payment and issue the member with a Tax Invoice. The balance of the payment will be credited to the member’s account.
Back to Top
Third Party Links & Advertising
Hyperlinks and pointers to websites operated by Third Parties will appear on the website from time to time. These websites do not form part of the website and are not under the control of MDL. MDL does not take responsibility for the contents of any such hyperlink or linked website. If you link to any such websites and you leave the website and do so at your own risk.
If you contact a Third Party using functionality provided on the website, including via email, MDL accepts no responsibility for any actions taken by that Third Party in response to your communication or for any transactions entered into between you and the relevant Third Party.
Back to Top
Limited Liability
MDL does not exclude any rights and remedies available to you under The Commerce Amendment Act 2008 and The The Fair Trading Act 1986 or any similar legislation that cannot be excluded, restricted or modified, otherwise, Mungo Designs Limited will exclude all conditions and warranties that might be implied by law.
To the extent permitted by law, MDL’s liability for breach of any implied warranty or condition that cannot be excluded is restricted and MDL’s options for redress are to:
- In the case of Services supplied or offered:
(a)Resupply those services; or
(b)Pay the cost of having those services resupplied; and - In the case of Goods supplied or offered:
(a)Replace the goods or the supply of equivalent goods.
(b)Repair of the goods
(c)Pay the cost of having the goods replaced; or
(d)Pay the cost of having the goods repaired.
You expressly agree and understand that under no circumstances will Mdl be liable to you for any indirect, incidental, special and or consequential losses or damages or loss of profits of whatever nature, howsoever arising (including but not limited to any act or omission by Mungo Designs Limited) that result from:
- The use of or access to or any inability to use or access the website or any material on the website.
- Unauthorised access to or alterations of your transmissions or data.
- Statements or conduct of any Third Party on the website.
Excluding liability for negligence, the maximum liability of Mungo Designs Limited is equivalent to the total of any amounts you have paid to the MDL through this website.
Back to Top
Applicable Law
These conditions and all other specific and additional terms that govern your use or membership of and access to the website will be governed by and interpreted in accordance with the laws of New Zealand.
