Terms and Conditions

The following terms and conditions apply between deniseives.com and its clients.

1.          Definitions 

The following definitions shall have effect in interpreting this Agreement:

a)     “Agreement” means these Terms and Conditions.

b)    “Client” means the entity purchasing goods or services from deniseives.com.

c)     “deniseives.com” means Complex Theory Limited a registered, limited liability company.

d)    “GST” means goods and services tax in terms of the Goods and Services Tax Act 1985, at the rate prevailing at the time of the agreement.

2.          Confidentiality 

deniseives.com agrees to keep at all times as strictly confidential any confidential information that is disclosed or provided.

3.          Goods and Services Tax

All amounts shown on the deniseives.com website are inclusive of GST.

4.          Limitation of Liability and Indemnity

a)     deniseives.com’s liability (together with their servants, agents and contractors) whether in contract, tort, under statute or otherwise, for any loss or damage to person or property, or consequential or indirect loss, or economic loss which is caused, contributed to or otherwise arises from the product or services supplied or any defect in them, or any negligent act or omissions shall be strictly limited to the value of the services supplied by deniseives.com whether under this Agreement or otherwise to a total sum equal to the amount paid by the Client to Complex Theory.

b)    In particular, deniseives.com will not be liable at all for consequential or indirect loss, or economic loss including loss of profits or savings, loss of opportunities or loss of records or data, or for losses or damages claimed by third parties, unless such loss is caused by deniseives.com’s gross negligence or wilful misconduct.

c)     The Client agrees to indemnify deniseives.com for any liabilities, claims, losses, costs and expenses (including legal expenses) incurred by deniseives.com arising out of or in relation to the Client’s inappropriate use of the Services.

d)    The limitation of liability and the indemnity in clauses 13 a) to c) survives the termination of this Agreement.

5.          General

a)     The Client shall ensure that deniseives.com is made aware of and deniseives.com shall comply with any special regulations applicable prior to commencement of any Services at the Client's premises.

b)    No Joint Venture: Nothing contained in this Agreement shall be construed as creating a joint venture, partnership or employment relationship between the parties hereto, nor shall either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other party.

c)     No Assignment: Except with respect to deniseives.com’s rights regarding the use of subcontractors, neither party may assign any rights or obligations under this Agreement without the prior written consent of the other party.

The laws of New Zealand govern these Terms and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.