Terms of Service

Last Updated: May 15, 2025

Introduction

Welcome to Simply Probate ("we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of simplyprobate.co.nz (the "Website") and all content, services, and products available through the Website.

By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use our Website.

Changes to Terms

We reserve the right to modify these Terms at any time. The most current version will always be posted on our Website with the "Last Updated" date. Your continued use of the Website after any changes to the Terms constitutes your acceptance of such changes.

Eligibility

You must be at least 16 years old to use our Website. By using the Website, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

Account Registration

Some features of our Website may require you to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or incomplete.

Intellectual Property Rights

Our Intellectual Property

The Website and its original content, features, and functionality are owned by Simply Probate and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property laws.

User Content

By submitting, posting, or displaying content on or through our Website ("User Content"), you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, publicly display, publicly perform, reproduce, and distribute such User Content on and through our Website.

You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use your User Content
• Your User Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person

Prohibited Uses

You agree not to use our Website:

• In any way that violates any applicable laws or regulations
• To impersonate or attempt to impersonate our company, employees, or other users
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
• To attempt to gain unauthorized access to any part of the Website
• To use the Website for any commercial solicitation purposes without our prior written consent
• To transmit any material that contains software viruses or other harmful computer code

E-Commerce Terms

Product Information

We strive to provide accurate product descriptions and pricing on our Website. However, we do not warrant that product descriptions, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free.

Orders and Payments

When you place an order through our Website, you offer to purchase the product(s) described in your order. We may accept or decline your offer at our sole discretion.

Payment must be made at the time of placing your order. All payments are processed securely through our payment processors.

Shipping and Delivery

We will arrange for the delivery of your order to the address specified in your order. Delivery times are estimates only and are not guaranteed. Risk of loss and title for items purchased pass to you upon delivery of the items to the shipping carrier.

Consumer Guarantees Act

For consumers in New Zealand, our goods and services come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993. Nothing in these Terms limits or excludes your rights under the Consumer Guarantees Act.

If you are acquiring our goods or services for business purposes, the Consumer Guarantees Act does not apply.

Fair Trading Act

We comply with the Fair Trading Act 1986. We will not engage in misleading or deceptive conduct, make false representations, or engage in unfair practices.

Disclaimers

Our Website is provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the operation or availability of the Website.

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Website.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Website.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Dispute Resolution

If you have any concerns or disputes about our Website, please contact us first and we will do our best to resolve the issue. If we cannot resolve the dispute informally, either party may seek resolution through the courts of New Zealand.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Website and supersede any prior agreements.

Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent.

Contact Information

If you have any questions about these Terms, please contact us at:

• Email: rion@rionnorris.com
• Phone: +64 27 603 6144
• Mail: PO Box 1588, Christchurch 8013