General Terms, Conditions & Privacy Policy
Information About Us
https://www.garnerconsulting.co.nz (“the website”) is a site operated by Gary Garner Consulting ("We", “Us”). We are registered in New Zealand and have our registered office located at Christchurch, Canterbury, New Zealand. The name "Gary Garner Consulting" will appear on statements for any transactions through this website.
Our Privacy Policy is provided as an appendix to this notice
Acceptance of terms
These terms and conditions govern all supply of goods and services ("products") by Gary Garner Consulting, ("us") to you, the purchaser of goods and services from us, including your use of the website at https://www.garnerconsulting.co.nz ("the website"). They are effective from 30 June 2023 and will replace all earlier Gary Garner Consulting terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Delivery and delivery charges
Prices for goods and services stated on our website are exclusive of any applicable delivery charges. Our products are mainly restricted to the sale of downloadable media in which case delivery charges do not apply.
However, the cost of delivery (if applicable) is calculated as stated on our website and a total delivery cost will be provided in the order summary provided via your online shopping basket.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
Pricing
Every endeavour will be undertaken to ensure prices are displayed on the basis of the local currency applying based on of the purchaser’s apparent location (determined for example by the IP address and / or geolocation via HTML in the purchaser’s browser) at the time of purchase. Otherwise, unless stated otherwise all prices are displayed in New Zealand Dollars; and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment options
We accept the following credit cards:
Visa, MasterCard, American Express, Discover.
We also accept payment from your Apple Pay, Google Pay, or your PayPal account if you have one.
Credit Card Security
All payments are processed via Stripe or PayPal's secure payments system to ensure high levels of payment security and are subject to Stripe or PayPal's terms and conditions.
Click here to for PayPal's terms.
Click here to for Stripe’s terms.
Shipping and delivery
All our products are delivered by electronic transmission, and are available for download or access immediately upon payment.
Returns
We will provide a full refund in the unlikely event that a product is unavailable.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. In relation to non-service related items, if the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
All applicable consumer laws in New Zealand including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 will be observed by Gary Garner Consulting.
Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Disclaimer of Warranties
Your use of our products is at your sole risk. We make no warranties in relation to the Gary Garner Consulting website or its contents including but not limited to security, warranties of title, fitness for a particular purpose, merchantability and non infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability and completeness of the material, services, software, text graphics and links on our website.
We do not guarantee that our site or services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site and use our services. You should use your own virus protection software.
We are not responsible for the content of websites used by other subscribers or users of Gary Garner Consulting’s services and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information given on such other websites.
Indemnity
You agree to defend, indemnify and hold harmless Gary Garner Consulting, its officers, directors, employees, representatives and agents from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) alleging or resulting from your use of Gary Garner Consulting’s products or services including but not limited to any material which infringes the proprietary or intellectual property rights of any third party.
No Resale of Gary Garner Consulting’s Services
You agree not to reproduce, duplicate, copy or sell, resell or exploit for any commercial purposes any portion of Gary Garner Consulting’s services or products, or access to our website, without our express prior written consent.
General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at https://www.garnerconsulting.co.nz/
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.
APPENDIX: PRIVACY POLICY
Privacy Policy & Confidentiality
We are committed to protecting and respecting your privacy.
This policy and any other documents referred to on it sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.garnerconsulting.co.nz you are accepting and consenting to the practices described in this policy.
The data controller is Gary Garner Consulting.
Information we may collect from you
We may collect and process the following data about you.
Information you give us
You may give us information about you by filling in forms on our site www.garnerconsulting.co.nz (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to any services offered, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, email address and phone number, financial and credit card information, personal description and photograph.
Information we collect about you.
With regard to each of your visits to our site we may automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
Information we receive from other sources. We are also working closely with third parties (including, for example, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive information about you from them.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
Uses made of the information
We use information held about you in the following ways
to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
to provide you with information about other products or services we offer that are similar to those that you have already purchased or enquired about;
to provide you with information about products or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.
We do not permit selected third parties to use your data, or to pass your details onto third parties for marketing purposes
to notify you about changes to our service;
to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you
We will use this information:
to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive features of our service when you choose to do so;
as part of our efforts to keep our site safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your information with selected third parties including:
Business partners, suppliers and subcontractors for the performance of any contract we enter into with them or you.
Advertisers and advertising networks - we do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregated information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a specific postcode).
Analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Gary Garner Consulting or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or to protect the rights, property, or safety of Gary Garner Consulting, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data
The data that we collect from you is stored in New Zealand but may be transferred to, and stored at, a destination outside New Zealand. It may also be processed by staff operating outside New Zealand who work for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Gary Garner Consulting customers with customers or leads in the UK/EU
Our storage of personal information like email addresses or names of customers or potential customers in the EU/UK, requires us to comply with the General Data Protection Regulation (GDPR). As Gary Garner Consulting may store your customer/lead data related to online sales or form submissions Gary Garner Consulting is GDPR will ensure compliance with regards to how we securely handle personal information.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us via our contact page.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. We do this in an effort to provide easily navigable resources as a free service to our customers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
You can request details of your personal information that we hold, and ask us to correct it, at any time. Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law
Data deletion request
You can request your personal data be deleted at any time. To request to have your personal data deleted please send a request using our contact webpage and form.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be sent via our Contact page.