A limited number of persons hold important roles in respect of the Services and the information and materials you submit to us:
Please read these Terms fully and carefully before using the Services, because these Terms form a legally binding contract between you and LifeLot for your use of the Services. We provide you with access to and use of the Services subject to your compliance with these Terms. By using the Services, you agree to be bound by these Terms. If you are a financial advisor, insurance broker, accountant or any other professional employed to access the Services on behalf of your customer or another entity, you represent and warrant that you have that customer's or other entity's authority to agree to these Terms on their behalf.
Non-Lawyer speak: This agreement governs your use of LifeLot and sets out your (and our) legal rights and obligations.
By registering for the Services, you represent and warrant that you are at least 18 years of age OR you are signing as the parent or legal guardian for persons under the age of 18 years, and you have read and you agree to comply with these Terms. Except in circumstances where the parent or legal guardian for persons is signing and agreeing to these terms on your behalf, if you are under 18, you may not use the Services. We reserve the right to change our eligibility criteria at any time, and to refuse to offer the Services to anyone for any reason or no reason at all. You are solely responsible for ensuring that these Terms comply with all applicable laws, rules and regulations (collectively, “Laws”), and your right to use the Services is revoked wherever these Terms, your use of the Services, or any part of the Services conflicts with any Laws.
You must have the capacity to: (i) understand the nature, and to foresee the consequences, of decisions in respect of the Services and matters relating to your personal care and welfare; (ii) communicate decisions in respect of those matters; and (iii) understand and enter the data about yourself and your wishes in order to utilise the Services as we intend. LifeLot or the consultant will not make this determination. If you do not have such capacity, you must not utilise the Services.
Non-Lawyer speak: You can’t use the Services if you are under 18, or if these Terms would not be lawfully enforceable against you (for instance if you do not have the necessary capacity to make and communicate decisions, or if these Terms or the Services violate applicable law).
2. Registration and Responsibilities
While certain aspects of the Services are public, others require you to sign up for the Services by registering for an account (an “Account”). You are solely responsible for keeping the email address and mobile phone number associated with your Account accurate and up to date, since this is the only way we can contact you about your Account and your use of the Services. You must not: (i) impersonate another person by using their name or email address or phone number; or (ii) use any email address other than your own when corresponding with us.
You are responsible for all activity that occurs on your Account. You must keep your Account login information and password secure and never publish, distribute or post your Account password or login information nor save your Account password or login information with any web browser or online service. You must never disclose your secret question answer to anyone other than your delegates. You must keep your LifeLot certificate (bearing your secret question answer and/or other verification information) in a safe and secure location. You can store it with your lawyer. You are prohibited from using another person’s Account or registration information for the Services without their permission. You promise to immediately let us know if there is any unauthorised use of your Account, security breach, change in your capacity or any other change that may adversely impact your eligibility to use the Services.
We can reset your Account password. We cannot reset your secret question. You must remember the answer to that question.
You may cancel your Account at any time by logging into your Account and visiting the “My Account” section, and then viewing your "Membership Plan" where you can click the “Cancel Account” button.
Non-Lawyer speak: If you sign up for an Account, you are responsible for all activity under your Account and for keeping your Account email address and mobile phone number up to date so that we can reach you. Be mindful about how you share and protect your Account details (including your login, password and security question), and let us know immediately if you think there are any issues by contacting us through our help centre at firstname.lastname@example.org
3. Your Information
a. Overview. You are solely responsible for the completeness, accuracy, currency and legal compliance of all information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and interactive features generated, provided or otherwise made accessible on or through the Services that you add, create, upload, submit, distribute or post to the Services (collectively, "Content"). You represent and warrant that the Content, the "Basic Information", the "Secure Information", the "Public Information" and the "Aggregate Information" (each as explained below) provided or generated by you (collectively, "Your Information") is accurate, complete, current and in compliance with all applicable laws. For clarity, any uses that we or any others, such as any Trusted Professional, make of Your Information is not intended to affect your ownership of Your Information, unless otherwise agreed in writing. To be clear, you own Your Information and you grant to us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to utilise Your Information.
Non-Lawyer speak: You own all Your Information, but you’re ok with LifeLot and your Read Access Delegate dealing with Your Information in connection with the Services.
i. “Basic Information” means the first and last name, email address, mobile phone number and post code of you and your Read Access Delegate, and the date and time of the creation and (if applicable) deletion of your Account. By submitting Basic Information through the Services, you hereby grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use reproduce, store, and display the Basic Information, including after termination of your Account or the Services, solely as necessary (1) to operate, provide and improve the Site, the Services and our (and our successors’ and assigns’) businesses; (2) to send you marketing and promotional materials with your consent; (3) to contact your Delegates, and (4) for audit purposes (for example, when you delete your Account we will store the Basic Information to address certain inquiries surrounding your Account). With your consent, we can also share your Basic Information and NHI number with the government websites such as the IRD, Ministry of Internal Affairs and District Health Boards.
Non-Lawyer speak: We might use the name, email address and mobile number of you and your Delegates to provide the Services, send member and marketing information to you and address inquiries you have about your Account.
iii. Public Information. “Public Information” means any Content you add, create, upload, submit, distribute or post to public portions of the Services, such as your comments on any articles we publish on the Site. By posting Public Information to the Services, you hereby grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, store, display, perform, transmit, and otherwise fully exploit the Public Information in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting or redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after termination of your Account or the Services. Please do not publicly post or submit any Content that you do not want publicly accessible or viewable or otherwise used in this way.
Non-Lawyer speak: Public Information is public, so don’t include any private or sensitive information, or any other information that breaches these Terms, in it.
iv. Aggregate Information. “Aggregate Information” means statistical and demographic information about how the Services are used. To be clear, Aggregate Information is not personally identifiable and cannot be tied back to you, your Account or your web browser. By submitting or generating Aggregate Information through your use of the Services, you hereby grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, store, display, perform, transmit and otherwise fully exploit the Aggregate Information in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting or marketing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites, such as Trusted Professional websites, and feeds), and including after termination of your Account or the Services.
Non-Lawyer speak: We may use Aggregate Information (none of which is personally identifiable or tied back to you) to promote our Services.
b. Security of Secure Information. The security, privacy and confidentiality of your Secure Information are of utmost and critical importance to us. We use industry standard (or better) administrative, physical and technical protections to safeguard the security, privacy, confidentiality and integrity of your Secure Information. Our technology uses the encryption algorithms of the same quality relied on by banks and the military. Your Secure Information is stored in a hosting provider that has 24/7 physical and biometric protections, firewalls, intrusion detection systems, and an array of other technological safeguards and security certifications. Click here for more information on our security measures https://www.lifelot.co.nz/Privacy-Security. Nevertheless, you acknowledge that no security measure or safeguard is 100% effective, and LifeLot cannot guarantee absolute security of any of Your Information, including without limitation your Secure Information. LIFELOT SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORISED ACCESS, HACKING OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION, INCLUDING WITHOUT LIMITATION SECURE INFORMATION.
Non-Lawyer speak: We have an experienced team that employs better than industry standard methods to make sure that your Secure Information will be safe, though no security measure can be guaranteed to be 100% effective.
4. LifeLot’s Proprietary Rights
Any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and interactive features generated, provided or otherwise made accessible on or through the Services (collectively, “Materials”) are LifeLot’s property or that of our suppliers or licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Materials that you access through the Services. Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Materials solely for purposes of using the Services in respect of your Account. Use, reproduction, modification, distribution or storage of any Materials for purposes other than using the Services in respect of your Account is expressly prohibited without our prior written permission (which we may give or withhold at our sole discretion). You shall not sell, license, rent, or otherwise use or exploit any Materials for commercial use or in any way that violates any third party right. We may, but do not have to, (a) remove, edit or modify any Materials in our sole discretion at any time, without notice to you and for any reason (including without limitation if we think you may have violated these Terms or upon receipt of claims or allegations from third parties or authorities relating to such Materials) or for no reason at all or (b) to remove or block any Materials from the Services.
Non-Lawyer speak: We own the Services and the Materials. You’re allowed to use them in accordance with this agreement. We can edit, take down, or block any Materials at any time.
5. Acceptable Use
As a condition of your use of the Services, you agree to use the Services only for lawful purposes and in accordance with these our Acceptable Use Policy, these Terms and all Laws. You also agree to respect the privacy and Secure Information of other users of the Services.
You agree not to and shall not allow anyone else to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate the distribution of any Content, including without limitation Your Information, on or through the Service, that breaches any provision of the Acceptable Use Policy.
Non-Lawyer speak: You must comply with our Acceptable Use Policy, the law and these Terms, and you promise not to submit any prohibited or harmful Content or use the Services in an inappropriate way.
You are further prohibited from violating or attempting to violate the security of the Services or LifeLot’s other systems or network security, including without limitation the following:
a. accessing data not intended for users of the Services;
b. gaining unauthorised access to an account, server or any other computer system;
c. attempting to or engaging in, directly or indirectly, probing, scanning or testing the vulnerability of a system or network or to breach security or authentication measures;
d. attempting to interfere with the function of the Services or the Services’ host or network, including without limitation by submitting, directly or indirectly, any Content or Your Information that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of ours or of any third party;
e. sending altered, deceptive or false source-identifying information, including without limitation “spoofing” or “phishing”; or
f. forging any TCP/IP packet header.
Non-Lawyer speak: You must not violate or attempt to violate the security or integrity of the Services.
6. Links to Third Party Sites
7. Payments and Billing
a. Free Trial: To ensure the service is seamless we will collect your credit card details at the time of signing up for a free 30 day trial. We will communicate to you that your free trial is coming to an end and that we will be charging your credit card at the end of the trial. At the time of signing up to the free trial you must tell the service whether you wish to be billed monthly or annually. At the end of the 30 day trial you will be moved to the membership type you indicated when you signed up. You can cancel this subscription at any time.
b. Paying. We accept credit card payments for use of the Services through our third-party payment processor, Payment Express: https://www.paymentexpress.com/terms&conditions
The processing of payments will be subject to the terms, conditions and privacy policies of Payment Express in addition to these Terms. We are not responsible for Payment Express’s error or omission. By choosing to use the Services you agree to pay us, through Payment Express, all charges at the prices then in effect for use of such Services and you authorise us to have your credit card charged by Payment Express. The terms of your payment may be determined by agreements between you and your credit card company. If we, through Payment Express, do not receive payment from you, you agree to pay any amounts due upon demand.
c. Billing. LifeLot will bill any fees associated with your use of the Services plus applicable tax to the credit card you provide. By signing up for the Services, you acknowledge that the fees associated with your use of the Services will be automatically billed again on each renewal date thereafter unless and until you cancel your use of and access to the Services. YOU AGREE THAT CONSISTENT RECURRING SUBSCRIPTION FEES MAY BE CHARGED AUTOMATICALLY BY US WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU LAWFULLY TERMINATE THE SERVICES OR PROVIDE PRIOR NOTICE (AND WE CONFIRM RECEIPT OF THAT NOTICE) THAT YOU WISH TO CHANGE YOUR CREDIT CARD INFORMATION. TO TERMINATE YOUR PAYMENT AUTHORISATION OR CHANGE YOUR PAYMENT METHOD, LOG INTO YOUR LIFELOT ACCOUNT, CLICK ON “My ACCOUNT” AND CANCEL YOUR SUBSCRIPTION. WE WILL ONLY REFUND ANNUAL SUBSCRIPTION FEES IF YOU TERMINATE YOUR PAYMENT AUTHORISATION AND THERE IS GREATER THAN SIX MONTHS REMAINING ON YOUR ANNUAL SUBSCRIPTION. THE REFUNDABLE PORTION OF THE ANNUAL SUBSCRIPTION FEE WILL BE CALCULATED BASED ON THE NUMBER OF MONTHS REMAINING IN THE ANNUAL SUBSCRIPTION LESS ANY CREDIT CARD FEES AND A TEN DOLLAR ADMINISTRATION FEE.
Non-Lawyer speak: We will bill the credit card Payment Express has on file automatically at the end of each billing period to renew your access to the Services at our then-current price, unless you tell us in advance that you want to cancel your access to the Services or use a different credit card.
d. Current Payment Information Required. You are responsible for keeping your credit card information current, complete and updated. If your credit card reaches its expiration date, we may attempt to contact you to update your payment information using your primary email address associated with your Account. You agree to promptly notify us and your credit card company if your credit card is cancelled (e.g., for loss or theft) or if you become aware of potential breach of security. You agree that we (via Payment Express) may continue charging your credit card for the Services unless you have terminated your access to the Services or you tell us to use a different credit card before the end of the applicable billing period. If any fee is not paid in a timely manner, or Payment Express is unable to process your transaction using the credit card information you provided for payment, we reserve the right to suspend or terminate your access to the Services.
Non-Lawyer speak: You must keep your credit card information current. We may suspend or terminate your access to the Services if you don’t pay on time.
e. Applicable Fees. All fees and charges are prepaid and are only refundable in very limited circumstances. LifeLot may change the fees and charges in effect or add new fees and charges from time to time, but we will notify you of any such changes in advance through your primary email address associated with your Account. Your continued use of the Services after that time will be deemed acceptance of such notified changes. Again, it is your responsibility to keep your contact information and payment information current and updated.
Non-Lawyer speak: We only issue refunds in very limited circumstances, and we will let you know if we change any fees.
f. Free Trials and Other Promotions. Any free trial or other promotion that gives you access to the Services must be used within the specified time of the trial. You must stop using and cancel your access to the Service before the end of the applicable trial period to avoid being charged for the Service. If you cancel prior to the end of the trial period and are inadvertently charged for the Service, please contact us through our email at email@example.com
Non-Lawyer speak: Be sure to cancel your access to the Service before the end of the trial period to avoid being charged.
You may cancel your Account (ending your right to use and access the Service) at any time by logging into your LifeLot account here: https://lifelot.co.nz and clicking “my account” followed by “View Membership plan”, where you will see a button that says “Cancel my Account” and cancellation will be effective immediately. You will continue to be billed for your use of and access to the Service unless and until you cancel your Account or we terminate it. You must cancel your Account before the start of a new renewal period to avoid having the next period’s fees billed to your credit card. Any charges submitted to or processed by Payment Express before we could reasonably act in response to such cancellation will be reimbursed. LifeLot will not issue a refund for monthly subscriptions or for annual subscriptions where there is less than six months remaining on the annual subscription for the most recently (or any previously) charged fees associated with the Service prior to any such cancellation. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, any licenses to Basic Information, Secure Information, Public Information, or Aggregate Information, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
Non-Lawyer speak: Cancellation is effective immediately but does not affect charges already incurred (which will not be reimbursed). Parts of this agreement still apply to you even after you or we cancel your Account.
9. Warranty Disclaimer
The nature and extent of our relationship is limited as set out in these Terms. We have no special relationship with you, whether expressed or implied, nor do we have any fiduciary duty to you. You release us from all liability and hereby indemnify us and hold us harmless for all loss, damage, liability and cost howsoever arising in connection with Your Information, including without limitation our receipt from you of any instructions or permissions authorising the release of Your Information to any other person, including without limitation any Read Access Delegate and our release of Your Information in compliance with any Laws.
Non-Lawyer speak: If we receive valid instruction regarding a release of your information, we’ll do what it says and you won’t hold that against us.
We use industry standard (or better) administrative, physical and technical safeguards to protect the security, confidentiality of your Account and Your Information, including without limitation your Secure Information. Nevertheless, we cannot guarantee absolute security, and no security measures are 100% effective and fool-proof. THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, FUNCTION, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, RELIABILITY OF ANY OPINION, ADVICE OR OTHER CONTENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED, ERROR FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL LIFELOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE OR ANY THIRD-PARTY SITE, OR BY YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED THROUGH A THIRD-PARTY SITE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY OPINION, ADVICE, RESULTS, INFORMATION OR MATERIALS AVAILABLE THROUGH THE SITE OR OBTAINED THROUGH A THIRD-PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, MATERIALS OR OTHER INFORMATION. NO ADVICE, OPINION, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Non-Lawyer speak: While we believe we provide some of the best security safeguards for an internet-based consumer product and are constantly improving, no site can promise 100% security. The Services are provided “as is.” You should evaluate the information and other materials you receive through the Services or any Third-Party Site on your own or with your own outside professional advice.
10. LifeLot is Not a Licensed Professional
LIFELOT IS NOT A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, LAW FIRM, OR FINANCIAL ADVISORY FIRM, AND THE EMPLOYEES OF LIFELOT ARE NOT ACTING AS YOUR HEALTHCARE PROVIDERS, MEDICAL PROFESSIONALS, SOLICITORS, OR FINANCIAL ADVISORS. THE SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, SOLICITOR, OR FINANCIAL ADVISOR. LIFELOT CANNOT AND DOES NOT PROVIDE MEDICAL, LEGAL, OR FINANCIAL ADVICE. LIFELOT IS NOT PERMITTED TO ENGAGE IN THE PRACTICE OF MEDICINE, LAW, OR FINANCIAL ADVISING. LIFELOT IS PROHIBITED FROM PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION TO YOU ABOUT (A) POSSIBLE DIAGNOSES, MEDICAL CONDITIONS, MEDICAL TREATMENT, LIFE EXPECTANCY, OR PROGNOSES; (B) LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES; OR (C) ANY KIND OF ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE FINANCIAL INVESTMENTS OR STRATEGIES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON LIFELOT IN RESPECT OF SUCH ADVICE, EXPLANATION, OPINION OR RECOMMENDATION. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR THE CONTENT, AVAILABILITY, FUNCTIONS, ACCURACY, LEGALITY, APPROPRIATENESS, ADVERTISING, PRODUCTS, INFORMATION, USE OF USER INFORMATION, SECURITY OR PRIVACY POLICIES AND PRACTICES, SERVICES OR ANY OTHER ASPECT OR MATERIALS OF ANY TRUSTED PROFESSIONAL.
Non-Lawyer speak: LifeLot does not and cannot provide medical, legal or financial services, and should never be used as a substitute for the advice of a licensed professional. We cannot be held responsible for any advice, such as medical, legal or financial service advice, provided by Trusted Professionals or any other person. Any advice provided by Trusted Professionals or any other person is at your own risk.
The information or materials that you obtain or receive from LifeLot, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on or through the Services is for informational purposes only. All medically related information we make available comes from independent health care professionals and organisations. At no time does LifeLot review and/or assess the information you provide us for legal sufficiency, to draw legal conclusions, to provide legal advice, or to apply the law to the facts of your particular situation nor do we have any obligation, whether express or implied to do so. Neither LifeLot nor the Services are intended to provide personalised financial or tax advice, and you hereby agree that any information provided to or accessed by you from time to time on or through the Services is not developed or provided by LifeLot as investment advice and will not be used or treated by you as investment advice.
Non-Lawyer speak: Anything you access through the Services is for informational purposes only, and you won’t use it as personalised advice.
You shall defend, indemnify and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable solicitors’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Materials, Content, or otherwise from Your Information, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
Non-Lawyer speak: You will reimburse us for any loss we suffer that is tied to your Account and results from any use or misuse of the Services, violation of this agreement, or infringement of any third party’s right.
12. Limitation of Liability
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR TO YOUR READ ACCESS DELEGATE, HEIRS, SUCCESSORS OR YOUR ESTATE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES; OR (B) ANY LOSSES, CLAIMS, COSTS, LIABILITIES OR EXPENSES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO: (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICE, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, (II) UNAUTHORISED ACCESS TO OR LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES, (V) LIFELOT ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM, (VI) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT, (VII) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR (VIII) ANY OTHER MATTER RELATING OT THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (HOWEVER ARISING), EVEN IF LIFELOT OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT OUR LIABILITY CANNOT LAWFULLY BE EXCLUDED, OUR MAXIMUM LIABILITY IS LIMITED TO AN AMOUNT EQUAL TO the greater of (A) your fees paid to us for the particular Service during the immediately previous three (3) month period or (B) $500.00.
Non-Lawyer speak: Our legal liability to you is limited. Please understand that we cannot run our business without it.
13. Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of New Zealand You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the non-exclusive jurisdiction and venue of the courts of New Zealand.
Non-Lawyer speak: New Zealand laws apply to this agreement, and any dispute will take place only in New Zealand.
We can modify, amend, change or replace any of the terms, conditions or provisions of these Terms, or change, suspend or discontinue the Services (including without limitation the availability of any feature, database or content) at any time by replacing these Terms on the Site and by sending you a notice through the Service via email. It is your responsibility to check these Terms periodically for changes, and to keep your email address current. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Your continued use of the Service following notification of any changes to these Terms constitutes acceptance of those changes. If you disagree with the new terms, please stop using the Service (but, before doing so, you may want to download Information). In the unlikely event that we discontinue the Service, we will notify you to allow a reasonable period of not less than 30 days for you to download Your Information.
Non-Lawyer speak: This agreement may change, and if you continue using the Service after such change you will be deemed to have accepted the new terms. We don’t anticipate shutting down, but in case we do, we want you to be able to get Your Information.
a. Entire Agreement. These Terms and all other LifeLot agreements and policies expressly incorporated by reference, each as may be amended or modified by LifeLot in accordance with its terms from time to time, together constitute the entire agreement between you and us and govern your use of the Service, and supersede all prior or contemporaneous communications and agreements of any kind between you and us with respect to the Service. If any incorporated agreements or policies conflict with these Terms, these Terms shall control.
b. Section Headings and “Non-Lawyer speak.” The section headings and “non-lawyer speak” mini-paragraphs are for convenience only, shall not affect their interpretation, and shall have no legal or contractual effect. If the terms and conditions of these Terms and the section headings and “non-lawyer speak” mini-paragraphs conflict, the terms and conditions of these Terms shall prevail.
Non-Lawyer speak: We tried to make this as simple as possible, but the section headings and “Non-Lawyer speak” mini-paragraphs are not actually part of the agreement. You have to read the full Terms.
c. Force Majeure. We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation.
d. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instances does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorised representatives. 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 so that these Terms will otherwise remain in full force and effect and enforceable.
Non-Lawyer speak: The only valid way for us to waive your compliance with any of this agreement is by written notice from us. If any part of this agreement is found to be invalid, the rest still stands.
e. Assignment. These Terms are personal to you, and you may not assign, transfer or sublicense any of your rights or obligations under these Terms without LifeLot’s express prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
f. No Relationship. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
g. Cancellation and Termination. Again, you may cancel your Account and download your Secure Information at any time in accordance with these Terms. LifeLot may also suspend or terminate your Account if you violate these Terms. We may attempt to notify you before suspending or terminating your Account so that you can download or delete your Secure Information, but we reserve the right to immediately suspend or terminate your Account in certain circumstances, such as causing harm to another user, disrupting other users’ use of the Service, or causing LifeLot potential legal liability.
h. Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when (i) receipt is electronically confirmed, if transmitted by email; (ii) received, if personally delivered or sent by certified or registered mail, return receipt requested; or (iii) the day after it is sent, if sent for next day delivery or recognised overnight delivery service. Electronic notices should be sent by contacting us through our help email at www.lifelot.co.nz