Slater Byrne Recoveries Terms of Use

Thank you for using our website. Please read these Standard Terms of Use carefully. By using the Service, you are agreeing to these Terms, which will result in a legal agreement between you and Slater Byrne Recoveries Pty Ltd.

Definition of Terms

a. “Service” refers to the services provided by Slater Byrne Recoveries, including without limitation, to debt collection services and accounts receivable collection services.

b. “Website” refers to Slater Byrne’s website located at https://www.slaterbyrne.co.nz/, all subpages and subdomains, and all content, services, and products available at or through the Website.

c. “Slater Byrne Recoveries,” “We,” and “Us” refer to Slater Byrne Recoveries Pty Ltd as well as our affiliates, directors, and employees.

d. “User,” “You” and “Your” refer to the person, company, or organisation that has visited or is using the Website and/or the Service.

e. “Clients” refer to those who lodged debts and submitted requests for debt collection and accounts receivable collection services.

f. “Content” refers to content featured or displayed through the Website, including without limitation text, document, information, data, articles, opinions, images, photographs, graphics, video, sounds, and design.

Who is Slater Byrne Recoveries?

Slater Byrne Recoveries is a debt collection agency in New Zealand for collecting commercial and business debt. Our website is used as the platform for our clients to lodge their debts and for our prospects to send general enquiries.

Account

Eligibility

In order to use the Service, you must: (1) be at least eighteen (18) years old and able to enter into contracts; (2) agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement; and (3) provide true, complete, and up-to-date contact and billing information. Slater Byrne may refuse service, close accounts of any Members, and change eligibility requirements at any time.

Term

When you sign up for an account and agree to these Terms, the Agreement between you and Slater Byrne is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Slater Byrne account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

Closing Your Account

You or Slater Byrne may terminate the Agreement provided there is ninety (90) prior notice. You may do so by terminating your Slater Byrne account or we may do so by giving notice to you that we are terminating the Agreement. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.

Changes

We may change any of the Terms by posting revised Terms on our Slater Byrne Site. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service.

Payment

Any contractual relationship for use of the Service and any obligation to pay money due remains with and to us. Payment details are set out in our Engagement Forms.

Rights

Feedback and Proprietary Rights

We own all proprietary rights in the Service and Slater Byrne Site. You will respect our proprietary rights in the Service and Slater Byrne Site, and you may only use our brand assets upon prior explicit permission.

You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.

Privacy

Your privacy is important to us. Please read our Privacy Policy for information regarding how we collect, use, and disclose your personal information and the privacy rights available to you when you use and interact with the Service.

For the purposes of privacy and data protection laws, for much of the personal information we process when providing the Service, we act as your processor or service provider. However, there are certain instances where we process personal information as a controller to provide and develop the Service and for other important business purposes (e.g., for billing, administrative, security, and product improvement purposes).

We cannot guarantee the security of every data transmission over the internet.

Email Communications

In order to properly support and serve you, we occasionally need to reach out and contact you and may do so in a variety of ways such as via text message or email. We want to provide you with options for receiving communications from us, and as such, you may opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us. You will need to notify us of any changes to your contact details to ensure your preferences are updated.

Liability

Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, the total liability of Slater Byrne and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.

No Warranties

Except as expressly stated in these Terms, the Service is provided as-is and, to the fullest extent permitted by law, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied.

Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.)

Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

Disclaimers

We and our Team aren’t responsible for the behavior of any third parties or agencies in connection with the Service. Your use of any Third-Party is solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party transaction.

Other Important Stuff

Assignments

You may not assign any of your rights under the Agreement to anyone else. We may assign the Agreement and any of our rights and obligations hereunder to any other individual or entity at our discretion.

Choice of Law

New Zealand laws, the Arbitration Act 1996, and the Arbitration Amendment Act 2007 will govern all disputes arising out of or relating to the Service and the Agreement, regardless of conflict of laws rules.

Dispute Resolution

Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the New Zealand Mediation Centre (NZMC). The arbitration shall be conducted in New Zealand Mediation Centre in accordance with the NZMC Rules for Domestic Arbitration operating at the time the dispute is referred to the NZMC. The terms of the Rules are hereby deemed incorporated into this agreement. This clause shall survive termination of this agreement.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Survivability

Even if the Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Limitation of Liability, No Warranties, Indemnity, Dispute Resolution, Choice of Law, Severability, and Entire Agreement.

Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

Notification of Security Incident

If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Slater Byrne for such incident.

Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Slater Byrne Site. Please note that, for purposes of providing notice, we may use any email or physical address within your account, including contact information associated with an account’s primary contact, billing contact, owner profile, or any other profile or seat associated with the account. Any notice to us will be effective when delivered to: Ground Floor, 110 Carlton Gore, Newmarket, Auckland 1023, or any addresses as we may later post on the Slater Byrne Site.

Entire Agreement

The Agreement, including these Terms and any Additional Terms you’ve agreed to by enabling any Add-ons, make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate or use the corresponding Add-on or feature of the Service.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.

Effective as of 19 February 2024.

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