Terms and Conditions
Terms and Conditions
Terms and Conditions
Welcome to Backbone Marketing
These terms and conditions outline the rules and regulations for the use of the Backbone
Marketing Website.
Backbone Marketing is located at:
87 Great South Road, Epsom
Auckland NZ 1050
By coming on board with Backbone Marketing you accept these terms and conditions in full.
The following terminology applies to these Terms and Conditions, Privacy Statement and
Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person
or business coming on board with Backbone Marketing, and accepting the Company’s terms
and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or
ourselves.
“GST” means goods and services tax chargeable in accordance with the Goods and Services
Tax Act 1985.
“Intellectual Property” means all intellectual property rights of whatsoever in nature, including
(without limitation) patents, designs, present and future trademark or copyright, and whether or
not registered or registrable by any means, and the right to file an application for the registration
thereof.
“Product” of “Service” means any deliverables by Backbone Marketing.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal
meetings of a fixed duration, or any other means, for the express purpose of meeting the
Client’s needs in respect of provision of the Company’s stated services, in accordance with and
subject to, prevailing law of New Zealand. Any use of the above terminology or other words in
the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and
therefore as referring to same.
License
Unless otherwise stated, Backbone Marketing and/or its licensors own the intellectual property
rights for all material owned by Backbone Marketing. All intellectual property rights are reserved.
You may view and/or print pages from https://backbone.nz/ for your own personal use subject to
restrictions set in these terms and conditions.
You must not:
Iframes
Without prior approval and express written permission, you may not create frames around our
Web pages or use other techniques that alter in any way the visual presentation or appearance
of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or
any particular link to our Web site.
We also reserve the right to amend these terms and conditions and its linking policy at any time.
By continuing to link to our Web site, you agree to be bound to and abide by these linking terms
and conditions.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties
and conditions relating to Backbone Marketing and the use of this website (including, without
limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose
and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the
disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free
of charge, we will not be liable for any loss or damage of any nature.
Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of any of
our obligations under any contract with you that is cause by events outside of our reasonable
control (a “Force Majeure Event”) including, without limitation, fire, flood, explosion, storm,
earthquake, war, terrorism, sabotage, revolution, riot or civil commotion, prohibitions
or measures of any kind on the part of any governmental, parliamentary or local authority, strikes,
lockouts, failure of supplies of public or private telecommunications networks, power or fuel or
the default of suppliers or sub-contractors. Our performance under our contract with you is
deemed to be suspended for the period that the Force Majeure Event continues, and we will
have an extension of time for performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Events to a close or to find a solution by
which our obligations under such contract may be performed despite the Force Majeure Event.
Contact
The first point of contact for the “Client” is the Business Development Manager;
For any enquiries and ongoing communication, the “Client’s” main point of contact will be their
assigned Account Manager.
Any outstanding invoices will be going through the Backbone Marketing Accounts department.