Terms and conditions of supply
By this agreement CCH New Zealand Limited (CCH, we) agrees to supply the CCH Question and Answer Service as more particularly described on our Website at www.cch.co.nz (the service) to each person and email address specified above (customer, you).
The service will be for a period of 12 months. After that it will be automatically renewed for successive corresponding subscription periods unless terminated by CCH or customer by written notice to the other at least 30 days before the expiry of the relevant subscription period. Any cancellation notified during the relevant subscription period will become effective at the next renewal date.
All rights are reserved. No part of the service covered by copyright may be reproduced or copied in any form or by any means (graphic, electronic or mechanical, including photocopying, recording, taping, or information-retrieval systems) without the written permission of CCH.
The customer agrees to pay to CCH the price payable for the service within 30 days of the date of CCH’s invoice. CCH will suspend access to the service if payment is not made within 30 days. CCH shall invoice the customer at the start of each period during which the service is offered. CCH is entitled to change the price payable for the service at the end of each subscription period and shall give the customer notice of any change in the price payable not later than 30 days before the expiry of the then current subscription period.
This agreement shall comprise a single agreement and the customer shall not be entitled to abate or withhold any payment for any reason other than default by CCH in the performance of its obligations.
Where any portion of the subscription payment due is outstanding more than 30 days after the date of the invoice, CCH shall be entitled to forthwith suspend access to the service without prejudice to its right to enforce payment of the overdue amount but shall upon payment by the customer of such unpaid overdue amount restore access to the service.
Limits of service
Registration for the service and payment of the membership fee entitles you to submit questions using the question template on the CCH Website. We will use our reasonable endeavours to answer all questions submitted by you which we consider to fit within the parameters of this service. However, we reserve the right to decline to answer those questions which we consider to fall outside the scope of this service, such decision being final and not open for review. With most questions, we aim to get a final answer to you within 72 hours. However, we do not promise you that we will be able to meet these targets in all cases, and we take no responsibility, and assume no liability to you or anyone else, if we are unable to answer your questions within that time period, or decline to answer your questions at all. CCH reserves the right to levy a high user charge of 150% of your current subscription fee. As a guideline, a high user is someone who asks more than an average of one question per day, or 60 questions per quarter. This charge will be made at CCH’s discretion.
Disclaimer
Every care will be taken in the preparation of answers provided to you directly, and in the preparation of general information which is made available on our Website. However, the service is intended to provide basic guidelines and information based on given fact scenarios and is not intended to constitute accounting, tax, legal, investment, consulting or other professional advice or service.
Limitation of liability
In the unlikely event that you suffer any loss or damage in connection with the use of this service our aggregate liability to you and that of our employees, agents and contractors (whether in contract or tort, including negligence) on account of all defaults or other breaches arising from the provision of this service during each subscription period shall be limited to the amount that you have paid to us to use this service during that period.
Privilege
Your questions and our answers provided under this service do not attract legal professional privilege.
Conflict of interest
This service is provided on the understanding that we are not liable to you or to any third party for any damage or loss arising from any conflict of interest, or potential conflict of interest.
Warranty regarding questions submitted
All of the answers provided under this service are made on the basis that the information set out in the question template is complete and accurate, and that all material facts have been disclosed. We will rely on the information so provided. In some circumstances we may request further information before submitting our answer. However, we will not be under any obligation to do so.
Availability
CCH, its employees, agents and contractors are not liable for any damages or losses resulting from your inability to use this service. Because of the nature of the Internet, the site is provided on an "as available" basis and we cannot promise that the site will be uninterrupted or entirely error free. CCH, its employees, agents and contractors will not be responsible to you if we are unable to provide the site for any reason.
Consequential loss
In no circumstances are CCH, its employees, agents and contractors liable to you for accidental, indirect, special or consequential damages whatsoever (including loss of profits) even if we have been advised of, knew or should have known of, the possibility of such loss or damage.
Third parties
While we understand that the answers and information provided by this service may help you in advising your clients, your use of this information is at your own risk, and is not to be forwarded directly to be used or relied on by any third party. CCH, its employees, agents and contractors will have no liability to any such third party and you will indemnify us and our employees, agents and contractors against any such third party claim
Publication of case studies
We reserve the right to publish in print or electronic format, any questions and answers provided in the course of this service which we believe to be of wider interest to our subscribers. Before publishing such material we will use our best endeavours to ensure that all identifying factors are removed in order to preserve confidentiality.
General
For the purposes of the Contracts (Privity) Act 1982, and without limiting any other provision of these terms and conditions, the covenants of the customer contained in these terms and conditions are given for the benefit of CCH and each of its employees, agents and contractors and are enforceable at the suit of any such person.
If any provision of these terms and conditions is held to be unreasonable, invalid or unenforceable for any reason, that will not affect the validity of the other terms and conditions which will continue to be of full force and effect.
We may change the service or these terms at any time. If you use the service after we have posted the changes you will be bound by the new terms.
This service is operated and controlled from New Zealand and these terms and conditions and your use of this service are governed by and construed in accordance with the laws of New Zealand. Anyone using this site from another jurisdiction is responsible for ensuring compliance with the local laws applicable to that jurisdiction.