1. Introduction

Welcome to Benempted. These Terms of Service ("Terms") govern your use of our website located at benempted.co.nz ("Site") and the consulting services offered by Benempted ("Services"). By accessing our Site or using our Services, you agree to these Terms. Please read them carefully.

If you do not agree with these Terms, you must not access our Site or use our Services. These Terms constitute a legally binding agreement between you and Benempted.

2. Definitions

Throughout these Terms, the following definitions apply:

• "Client" refers to any individual or entity that engages Benempted for consulting services.
• "Content" refers to all materials, information, documents, and media available on our Site, including but not limited to text, images, videos, audio files, designs, logos, and graphics.
• "Intellectual Property" refers to all intellectual property rights, including but not limited to copyrights, patents, trademarks, trade names, service marks, and trade secrets.
• "Services" refers to the business consulting services offered by Benempted, including sustainable development and financial planning services.
• "User" refers to any individual or entity accessing or using our Site.

3. Use of Our Site

3.1 Acceptable Use

You agree to use our Site only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

• Use our Site in any way that violates any applicable local, national, or international law or regulation;
• Use our Site to send, knowingly receive, upload, download, or use any material that does not comply with these Terms;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site;
• Attack our Site via a denial-of-service attack or a distributed denial-of-service attack;
• Otherwise attempt to interfere with the proper working of our Site.

3.2 Account Registration

Some features of our Site may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Services

4.1 Service Engagement

Benempted provides business consulting services focused on sustainable development and financial planning. Our Services are available to clients who engage us through formal agreements. These Terms supplement any specific service agreements we may enter into with clients.

4.2 Fees and Payment

Our fees for Services are as described on our Site or as specified in a written agreement with a client. All fees are quoted in New Zealand Dollars (NZD) unless otherwise specified. Payment terms will be specified in the service agreement. We reserve the right to change our fees at any time, but changes will not affect services already contracted.

4.3 Client Responsibilities

Clients agree to provide accurate, complete, and timely information as required for us to deliver our Services effectively. Clients are responsible for implementing any recommendations we provide as part of our Services, and we do not guarantee specific outcomes or results.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All Content on our Site, as well as the Site itself, is the property of Benempted or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site for personal, non-commercial purposes. This license does not include any resale or commercial use of our Site or its Content, any collection and use of any service listings, descriptions, or prices, any derivative use of our Site or its Content, or any use of data mining, robots, or similar data gathering and extraction tools.

5.3 Client Materials

Clients retain all rights to materials they provide to us in the course of our Services. By providing materials to us, clients grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify those materials as necessary to provide our Services.

6. Privacy

Your privacy is important to us. Our Privacy Policy, available at Privacy Policy, describes how we collect, use, and disclose information about users of our Site and clients of our Services. By using our Site or Services, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.

7. Disclaimers and Limitations of Liability

7.1 Disclaimers

Our Site and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our Site will be uninterrupted or error-free, that defects will be corrected, or that our Site or the server that makes it available are free of viruses or other harmful components.

7.2 Limitation of Liability

To the fullest extent permitted by law, Benempted shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use our Site or Services;
• Any conduct or content of any third party on our Site;
• Any content obtained from our Site; or
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims related to our Site or Services exceed the amount paid by you to us for Services, if any, during the past six months.

8. Indemnification

You agree to indemnify, defend, and hold harmless Benempted and our officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Site or Services.

9. Termination

We may terminate or suspend your access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our Site will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of our Site or Services shall be brought exclusively in the courts of Auckland, New Zealand, and you consent to the personal jurisdiction of such courts.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our Site and updating the "Last updated" date at the top of these Terms. Your continued use of our Site after any such changes constitutes your acceptance of the new Terms.

12. Contact Information

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

Benempted
45 Parnell Rd
Auckland 1052
New Zealand
Phone: +64 9 887 2103
Email: [email protected]