Legal

Privacy Policy

1. Privacy Policy: Opdo Limited is committed to protecting your privacy. This Privacy Policy sets out the basis on which Opdo Limited collects information from you and also the basis on which any such information collected from you is dealt with. By accessing this website, you are deemed to have read and agree to be bound by this Privacy Policy. If you do not accept the terms of this Privacy Policy, you must leave this website immediately.

2. Terms and Conditions: As well as this Privacy Policy the Terms and Conditions of Use (“Terms and Conditions”) for this website also govern your access to and use of the website. You should ensure that you read the Terms and Conditions in conjunction with this Privacy Policy. By accessing this website you are deemed to have read and agree to be bound by the Terms and Conditions as well as this Privacy Policy.

3. Amendments: Opdo Limited reserves the right to amend this Privacy Policy from time to time. Amendments will be effective immediately upon being placed on this website. Your continued use of the website following such amendments being placed on this website will represent an agreement by you to be bound by the Privacy Policy as amended. Such amendments may include replacing this Privacy Policy with an entirely new Privacy Policy.

4. Collecting Information: Whenever you access this website, Opdo Limited will collect the following types of information from you:

a.The IP address of your machine when connected to the internet and the domain name from which you are accessing the internet;

b.The operating system and the browser your computer uses and any search engine you are using;

c.The date and time you are visiting; and

d.The URL’s of the pages you visit,

as well as any other information you may explicitly provide in the course of accessing the website, such as your name, gender, email address and other personal details such as telephone number.

5. Further Collection: Opdo Limited also reserves the right to collect more extensive information where it deems such action is appropriate, such as in the case of any security concerns which may arise. Where possible, information will be obtained directly from you. However, you acknowledge that by accessing the website information may be collected from you as a result of the workings of the website and the attached systems and software.

6. Use of Information: Opdo Limited uses the information provided by you or generated by your use of the website to provide you with any services or goods you may request from Opdo Limited. Opdo Limited also uses information collected from you to assess the performance of the website and to ensure that the website serves your needs in the most efficient manner possible.

7. Cookies: Opdo Limited may also place cookies on your computer. Cookies are alpha numeric identifiers which are transferred to your computer’s hard drive through your web browser to enable Opdo Limited to recognise you whenever you access this website and therefore better personalise your access of the website. A cookie does not identify you personally but it does identify your computer. The help portion of your browser’s toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should note however that if you do not allow the use of cookies or do not wish to provide certain information to Opdo Limited you may not be able to take full advantage of this website and the range of services and goods offered by Lomak.

8. Statistics: Although Opdo Limited may use and publish non-personal aggregate statistics and group data about those people who access this website and their usage of the website, subject to the further terms of this Privacy Policy, Opdo Limited will not share or make public information about you without your prior permission.

9. Data Transmission: Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst Opdo Limited strives to protect such information, we do not warrant and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

10. Accessing Information: You are entitled to access any information which Opdo Limited may hold about you and Opdo Limited is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request Opdo Limited correct any inaccuracies in any information which Opdo Limited holds about you. Opdo Limited is entitled to charge you for the reasonable costs of retrieving, providing this information and as applicable correcting this information.

11. Providing Information: You agree that Opdo Limited may provide any personal information it collects about you to its related companies (as defined in section 2(3) of the Companies Act 1993 (NZ)), debt collection and credit reference agencies and any other parties it deems necessary in relation to providing you access to this website, for any services you acquire or goods you purchase from Opdo Limited, to recover any money you owe to Opdo Limited and to exercise any lawful right Opdo Limited, its related companies or debt collection and credit reference agencies may have. You also authorise any person to provide Opdo Limited with such information as Opdo Limited may require in response to credit enquiries.

12. Disclosing Information: You also agree that Opdo Limited is entitled to disclose information it holds about you without your prior permission if Opdo Limited reasonably believes that such disclosure is necessary to:

a.Conform to legal requirements;

b.Comply with legal process or help to maintain the law;

c.Protect Opdo Limited’s rights or property or that of Opdo Limited’s related companies; or

d.Enforce the Terms and Conditions of access to this website.

13. Combining Information: Opdo Limited may combine any information which it collects from you with information collected by its related companies.

14. Storage: You should be aware that information which Opdo Limited collects from you maybe stored or processed outside of New Zealand.

15. Waiver: If Opdo Limited waives any rights available to it under this Privacy Policy on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

16. Severability: If any provision of this Privacy Policy is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from this Privacy Policy and the remaining provisions shall continue in full force.

If you have any queries in regard to our Privacy Policy please contact us at enquiries@lomak.co.nz.

Terms and Conditions of Site Use

1. Terms and Conditions: Welcome to the website of Opdo Limited. These Terms and Conditions apply to your use of this website. By using this website, you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must leave this website immediately.

2. Privacy Policy: As well as these Terms and Conditions the Privacy Policy also applies to your access to and use of the website. You should ensure that you read the Privacy Policy in conjunction with these Terms and Conditions. By accessing this website you are deemed to have read and agree to be bound by the Privacy Policy as well as these Terms and Conditions.

3. Amendments: Opdo Limited reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on this website. Your continued use of the website following such amendments being placed on this website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.

4. Intellectual Property: Unless otherwise stated, Opdo Limited is the owner of all copyright, trademarks and other intellectual property rights in this site or has a valid right to use such copyright, trademarks and other intellectual property rights in this site. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on this website. Opdo Limited’s ownership of and right to use such intellectual property is protected by both New Zealand and international law.

5. Licence: Opdo Limited grants you a limited licence (“Licence”) for the purpose of accessing and making personal use of this site. Any contravention by you of these Terms and Conditions terminates the Licence immediately. Under no circumstances, without the prior written approval of Opdo Limited, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than in accordance with the Licence. You shall not use any data gathering and extraction tools or software to extract information from this site. You shall not frame or utilize framing techniques to enclose any of the contents of this website without Opdo Limited‘s express prior permission. You may not use any meta tags or other hidden text which incorporate Opdo Limited’s name or any of its intellectual property including trademarks without the Opdo Limited’s express prior permission. Using any information or content included on this website other than in accordance with the terms of the Licence is strictly prohibited. You agree to fully indemnify Opdo Limited for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against Opdo Limited its related parties, employees, contractors or agents, that may arise as a result of your breach of the Licence.

6. Proprietary Notices: In the event that you are granted permission by Opdo Limited to use this website or any portion of it or its content other than for personal use, subject to any contrary agreement you reach with Opdo Limited, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.

7. Content: While Opdo Limited has endeavoured to take all reasonable and appropriate care in the preparation of the content of this website and has no reason to believe that any information contained on this website is inaccurate, Opdo Limited does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Opdo Limited does not undertake to keep this website updated. Opdo Limited does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on this website including without limitation where such loss or damage is a result of or contributed to by the negligence of Opdo Limited.

8. Linked Websites: This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Opdo Limited is not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites including further links contained on those linked websites, unless and to the extent stipulated to the contrary.

9. Links: Opdo Limited requires that you obtain the prior written approval of Opdo Limited before providing any link to this website. Where such approval is given, you further agree that you will not use any Opdo Limited logo, trademark or other proprietary graphic as part of such link without the express prior approval of Opdo Limited.

10. Accessing: You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Opdo Limited does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of this website or any linked website.

11. Exclusion of Warranty: To the fullest extent permitted by law, in relation to your access and use of this website any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded.

12. Exclusion of Liability: Under no circumstances will Opdo Limited, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the website or in respect of any failure or omission on the part of Opdo Limited to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the website.

13. Limitation of Liability: In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Opdo Limited becomes liable for any loss or damage that would otherwise have been excluded, Opdo Limited’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the website is to be limited to $50 in New Zealand currency.

14. Jurisdiction: This website is governed by and is to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the website, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

15. Disputes: In the event that you have a dispute in respect of the content of this website or relating to or arising from your use of this website you must immediately notify Opdo Limited in writing giving details of the dispute. If Opdo Limited and yourself cannot resolve the dispute within ten (10) working days, it will then be submitted to mediation by a mediator agreed to by both yourself and Opdo Limited or, failing agreement, appointed by the President for the time being of the Arbitrators and Mediators Institute of New Zealand. If the matter is not resolved by mediation within ten (10) workings days from there, the matter will be submitted for arbitration of a single arbitrator to be appointed by the President for the time being of the Arbitrators and Mediators Institute of New Zealand in accordance with the Arbitration Act 1996 (NZ). Unless agreed otherwise by Opdo Limited, all such mediation and arbitration proceedings shall take place at a venue in New Zealand to be chosen by Opdo Limited acting entirely at its own discretion and shall be conducted in the English Language. All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.

16. Failure to Comply: Opdo Limited accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.

17. Waiver: If Opdo Limited waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

18. Severability: If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force.

If you have any queries in regard to our Terms and Conditions please contact us at enquiries@lomak.co.nz.