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What are the difference between website terms and conditions and website disclaimer?

5774555240235486620.jpgA disclaimer is normally a clause in a company contract that declares that the creator or seller of a particular product or service makes no promises about the quality or performance of the item and is not responsible for any harm that results from using it. For instance if you install certain software from any website, that website might advise a disclaimer that they are not responsible for any virus in case it surfaces while you install the software.   Most terms and conditions and term of use agreements contain at least one disclaimer.


Whereas terms and conditions of certain website specify the rule of business to be followed on the website. Most terms and conditions agreements contain specify guidelines and rules concerning copyright issues, rules of use, fees, registration policies, warranty limitations, privacy policies and data protection policies.They specify the owner's rules regarding how a particular service or intellectual property may be legally used. If you review the terms of use for most companies, you will notice that they usually clarify specific policies regarding the following:

  • Protecting customer information
  • Links to third-party websites
  • Communication methods
  • Changes in terms or services
  • Trademark information
  • Delivery and termination of services
  • Intellectual property rights
  • Limitations of liability
  • Privacy policies
  • Warranty disclaimers

5774555450906854784.jpgHow important is the Website terms and conditions document
Such documents as website terms and conditions are regulated under Distance selling regulations and other consumer law which makes them legally bounding. The really important thing is to make sure that your terms accurately reflect exactly how you intend to “do business”. It is the legal duty of the each e-commerce business owner to provide terms and condition of the business to their customers. These terms are basic foundation of the e-commerce.  It is a law that you must provide all relevant information to the customer before buying the product. It is made when the customer click on the box “I agree and accept these terms”. This document has no drawbacks. Also you need a privacy policy if you collect the personal data and use the cookies and other tracking technologies.
The terms provide the clear picture to the customer that helps him in making decision to buy the product or not. Following are few important aspects to be considered while formulating a website terms and conditions document.

  • Comprehensive set of terms and conditions suitable for any product or range of products
  • Provides protection (as far as can be given in a document) against problems which could arise from people posting content of any sort on your website
  • Compliance with the law on distance selling and consumer protection
  • Simple structure makes for easy amendment to suit your precise commercial requirements
  • The document covers all usual basic contractual issues, as well as Internet and technical issues
  • This document comes with an excellent set of notes to help and advise you on drafting points, alternatives and necessary insertions

Employee risks to be calculated when making company vehicle policy

5774268628542243362.jpgFor every company major part of it logistics involves vehicles and its drivers who are in fact their employees. As per New Zealand law Companies Vehicle safety policy must comply with Health and Safety in Employment Act 1992 (HSE Act) and Land Transport Act 1998. So a legally binding policy contract help in ensuring that the employees follow a code of conduct while driving company vehicles or even their own ones. This document help ensures that in case of violence of contracts both employer and employee interests are safeguarded.
Before you write an Employee driving policy, you need to do some preparation so you can decide what to put in it. First you need to:

  • Identify the types of vehicles you use, including motorbikes, and some of their features. Are they leased or do you own them?
  • Identify how your drivers use vehicles. Do they carry loads? What are their driving hours, etc.?
  • Identify the level of driver licensing and training. Are your drivers licensed for and trained to drive these vehicles?
  • Add up how much you spend on fuel; as we will discuss later, aiming to lower your fuel costs also improves driver safety.

Afterwards you need to make sure that following aspects should be fulfilled in your policy making

  • Choose vehicles with high safety ratings and maintain them properly.
  • Have procedures to deal with poor driving behaviour and remember to incorporate your safe driving policy into the company’s health and safety policy and make it a vital part of your code of conduct.
  • Create safer drivers through training and education and ensure all drivers are licensed and trained to operate the vehicles they drive
  • Address driver fatigue, distraction, speed, drink and drug-driving and theuse of safety belts and other safety features.

5774268947200619442.jpgYou also need to consider how the success of your new policy will be measured. A good way to do this is by recording any increase or decrease in:

  • The number of crashes involving company vehicles.
  • The number of at-fault crashes involving company vehicles.
  • Fuel consumption.
  • The number of traffic infringements received.
  • The cost of repairs and maintenance.
  • Other financial costs associated with vehicle use.
  • The average cost of workers’ vehicle-related compensation claims.

What needs to be included in the Contract?
Well for a legally binding contract you can consider all the above mentioned aspects. Generally following points are included in this contract

  • Details of the policy for provision of cars, servicing, and so on.
  • List of matters responsibility of staff member.
  • List of prohibited activities.

Can I run my website without using website terms and conditions on my website? Are it makes any diff

5773447372661427532.jpgYes we need such documents as website terms and conditions are regulated under Distance selling regulations and other consumer law. The really important thing is to make sure that your terms accurately reflect exactly how you intend to “do business”. It is the legal duty of the each e-commerce business owner to provide terms and condition of the business to their customers. These terms are basic foundation of the e-commerce. It ensures the business success and growth. It minimises your limitation of the liability. In fact, it is a legal contract which is made between you and your customer that how the business will be regulated. It is a law that you must provide all relevant information to the customer before buying the product. It is a legally binding contract and enforceable. It is made when the customer click on the box “I agree and accept these terms”. This document has no drawbacks. Also you need a privacy policyif you collect the personal data and use the cookies and other tracking technologies.

Main Features of the Website terms and conditions document
This document is suitable for any person or company selling physical goods of any sort through any sales channel, excluding an e-commerce enabled website, to consumers.. The online business has own way of dealings. You communicate with your customer through the terms and conditions. This document ensures the growth of your business if it is well and comprehensive drafted. You must provide the information about the price, delivery charges, limitation of liability, jurisdiction, modes of payment and how long offer will be valid. The terms provide the clear picture to the customer that helps him in making decision to buy the product or not. Following are few important aspects to be considered while formulating a document.

  • Comprehensive set of terms and conditions suitable for any product or range of products
  • Provides protection (as far as can be given in a document) against problems which could arise from people posting content of any sort on your website
  • Compliance with the law on distance selling and consumer protection
  • Simple structure makes for easy amendment to suit your precise commercial requirements
  • The document covers all usual basic contractual issues, as well as Internet and technical issues
  • This document comes with an excellent set of notes to help and advise you on drafting points, alternatives and necessary insertions

5773447527966395746.jpgThe main contents of the document
Following are the few important general points to be included in the document. But again it is subject to the type of website one is maintaining.

  • The essence of the contract: when made.Offer and acceptance.
  • Changes to information on website.
  • Customer account and confidentiality.
  • Price, VAT and payment.
  • Delivery and risk.
  • Goods returned: reasons and procedure.
  • Disclaimers and limitation of seller’s liability.
  • Protection of your intellectual property (so far as possible in a document of this nature)
  • A comprehensive draft “Acceptable Use Policy” which you use to say what your visitors or contributors may or may not do (delete it if there is no place on your site where people can enter text or otherwise communicate with you).
  • Protection from hackers (so far as possible in a document of this nature).
  • Extensive prohibitions against customer misdeeds.
  • Appropriate legal provisions - warranties, exclusions, indemnities, etc.
  • Other necessary legal provisions.

Legal value of the personal guarantee

5771212468104565330.jpgA personal guarantee is an unsecured promise by the guarantor to the lender that guarantor will fulfil all outstanding obligations in case borrower defaults. Contract of guarantee means a contract under which a person agrees to answer to another person for the debt, default, or liability of a third person. The nature of the guarantor liability is of secondary nature and primary liability is always attached with the borrower. It is the principal duty of the borrower to fulfil all obligations and repay the amount within agreed time.
Personal guarantee is usually required when the borrower has no previous credit history. Personal guaranteegives the assurance to the lender that he will get back the loan amount. The personal guarantee provides the two ways to the lender for getting back the loan amount. Such as:

  • Lender has right to pursue the borrower to fulfil his obligation for repaying the loan amount;
  • After the default by the borrower; the lender has a right to pursue the guarantor for the performance of the outstanding obligations.

Personal guarantee minimises the chances of fraud and provide satisfaction to lender for giving loan to borrower without any fear.

There are three parties involved in the contract of guarantee such as the surety, principal debtor and the creditor. While there are two parties involved in indemnity such as indemnifier and indemnity holder. Indemnity is a contract by one party to keep the other harmless against a loss.  Mostly the lender requires guarantee when the business is new and has no previous credit history. The director of company, normally, provides the personal guarantee to repay the loan if the company fails to do so. The Guarantor may not assign nor transfer all or any of its rights and obligations without first obtaining the prior written consent of the creditor.

5771212913893221810.jpgWhat is the law about personal guarantee?
The personal guarantee contract must be in written form and it must be signed by the guarantor. Before entering into the personal guarantee contract, the guarantor must consider the following important points. Such as:

  • Nature of guarantee;
  • What is maxim amount I am guaranteeing?
  • Financial position of the debtor
  • Is the guarantee for a specific sum?

  In the case Linda Jane Inkster v Mountain Wear 2004 Limited High Court held thatguarantor must take legal advice before signing the agreement. The guarantor before signing the agreement must read carefully each paragraph of the agreement in order to understand his legal obligations.

Why to buy the personal guarantee form from Net Lawman
Net Lawman NZ provides best quality online legal documents, legal contracts and legal agreements for use in New Zealand. Net Lawman is the premier source to buy online legal documents in New Zealand. Mature your legal agreements and legal contracts without any extra help. Our legal templates are self explanatory, written in plain English and easy to use. Just download from our website and use them according to your needs. This guarantee of contract debt comes with a no questions asked full money back guarantee. Comprehensive guidance notes, written by the author of the document, are included. These notes ensure that you don’t need to be a lawyer or have knowledge of the law to understand which paragraphs you should edit to complete the agreement.

Agreement features and contents
The key benefit of using this document over adding a guarantee paragraph to the original contract is the simplicity of use. There is no need to edit and agree the original. That means less room for making a mistake and invalidating the original.

  • Can join one or more guarantors
  • Guarantee for all aspects of the original contract
  • Option to limit the guarantee if necessary
  • Guarantor can be a business or individual
  • Suitable for any type of contract
  • Can be executed as a deed or a contract

5771214196521114834.jpgThe guarantee of contract performance agreement includes the following paragraphs:

  • The guarantee
  • Changed terms of the original contract
  • Guarantor's continued liability
  • Rights waived
  • Guarantor's indemnity for costs
  • Assignment of guarantee
  • Miscellaneous matters

Net Lawman offers comprehensive personal guarantee form. Such as:Guarantee: loan or debt by third party
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier of goods has failed or is likely to fail to make payment when due. It can be used with any performance contract and can add a personal guarantee for an individual, or bring in another party, such as a business. The key benefit of this document is that the original contract remains unchanged, making this a neat solution to adding a guarantor.


Important factors to consider when signing a vehicle lease agreement for a new car

5768273486303819292.jpgFor those who cannot buy a car on lump sum amount, vehicle leasing serves the purpose amicably. It’s a simple process where often car dealers and manufacturers lease their cars on installments for a fixed period of time. The key difference in a lease is that after the primary term (usually 2, 3 or 4 years) the vehicle has to be returned to the leasing company for disposal.Surveys show that a New Zealander on average buys a new vehicle every three years. Quite interestingly a large number of these purchases are made using car finance loans.
Operating lease or a finance lease are two options you need to work on while leasing in New Zealand.

  • An operating lease functions more like a car rental, covering maintenance of the vehicle in your payments but not offering an option to purchase the car at the end of the lease.
  •  A finance lease will leave you responsible for the maintenance of the vehicle through the lease, at the end of which you have the choice to walk away or buy out the vehicle at its residual value. Operating leases tend to come with higher payments than a finance lease but they offer full tax deductions, where as a finance lease is not tax deductible.

 By the sound of it this looks like a walk in the park but the fact is you as consumer get confused by the different offers and set of litigations involved in the process. So why lease a vehicle instead getting it financed through a bank, finance companies, credit unions and credit societies or dealer finance. Leasing a vehicle can be a useful alternative to car finance because

  • Costs of ownership are not bearded by the new user.
  • Generally lower payments than the costs of paying off a significant finance deal.
  • If the vehicle is leased under a company structure the costs are tax deductible and the operating lease does not appear on the balance sheet, improving the company’s financial position.
  • Mostly in vehicle leasing all costs of registration, vehicle maintenance, repair and service are covered by the monthly payment.

5768273561899375454.jpgWhat should be your prime concern while formulating the agreement?
Leasing requires a smaller down payment - usually much smaller - than buying a car. Therefore, you can get a nicer car if you lease, but may have to pay more over time.While after you decide to lease the car next you need to focus on following things while formulating a comprehensive vehicle lease agreement.

  • Determine what type of vehicle you need, be it a four-door car, sport utility, light truck or a sports car. You many even want to narrow this down to a particular make and model.
  • Price and lease monthly payments are one of the factors along with the car itself. And depreciation plays important role in it. Also payment mechanisms need to be evaluated provided you are willing to extend the lease agreement on completion of one.
  • Though leasing proves expensive over the long term. But several options can be made available to the lessee in the agreement on the end of term. Now it is up to lessee if he wants to continue to lease the vehicle, make an offer to buy the vehicle, upgrade to a new vehicle, or return the vehicle to the owner.
  • Also gather quotes from several lease companies and compare the quotes based on your specifications.
  • Fall back mechanisms need to be elaborated in case lessee or the leasers die, Or if one of these prematurely ends the agreement. Normally huge penalties are involved in the process.
  • Do not sign any contract until you are sure you understand the terms and can adhere to those terms. Breaking a lease contract in New Zealand usually will involve heavy penalties.

Content of the agreement
Following are the usual components involved in such lease agreements

  • Details of lease rentals and subject matter of lease.
  • Testing and checking of subject matter by the lessee-conditions of acceptance.
  • Prohibition on selling and subletting.
  • Termination, premature termination and its consequences.
  • Optional provision for deposit by the lessee of additional security in cash or goods.
  • Detailed repair and maintenance provisions.
  • Covers essential matters such as insurance: lessee insures in name of the lesser.
  • Provision for purchase of subject matter by the lessee during the period of lease.
  • Option to extend lease term.
  • Itemized prohibited activities.
  • Other provisions to protect your interests.

Reason to buy from Net Lawman New Zealand:
The Lease agreement from Net Lawman New Zealand provides you a comprehensive range of agreements that save your time and can be amended accordingly as and when required.