Website Terms & Conditions

1. Introduction

1.1 These Website Terms and Conditions ("Terms") govern your access to and use of the website located at fixinc.io, including all subdomains and associated web properties (collectively, the "Website"), operated by Fixinc Consulting Partners Limited (NZBN 9429047125490), trading as Fixinc ("Fixinc", "we", "us", "our").

1.2 By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.

1.3 These Terms govern your use of the Website only. If you engage Fixinc for professional services, your engagement will be governed by Fixinc's Program Terms and Conditions and any specific Proposal agreed between us.

2. About Fixinc

2.1 Fixinc is a resilience advisory firm providing business continuity, crisis management, and emergency management services. The Website provides information about our services, resources, and thought leadership content.

2.2 Fixinc is a New Zealand registered company. Our contact details are:

Email: info@fixinc.org

Address: PO Box 439, Rangiora Mailbox Lobby, Christchurch, 7440, New Zealand

3. Eligibility

3.1 The Website is intended for business users aged 18 years or older. By using the Website, you confirm that you are at least 18 years of age.

3.2 If you are accessing the Website on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.

4. Intellectual Property

4.1 All content on the Website, including but not limited to text, graphics, logos, images, videos, articles, guides, downloadable resources, and software, is the property of Fixinc or our licensors and is protected by copyright, trademark, and other intellectual property laws.

4.2 You may view, download, and print content from the Website for your own personal, non-commercial use, provided you do not modify the content and you retain all copyright and proprietary notices.

4.3 Downloadable resources (such as guides, templates, and PDFs) are provided for your personal or internal business use only. You may not redistribute, share, sell, or make these resources available to third parties unless:

(a) we have granted explicit permission on the resource itself or the webpage from which it was downloaded; or

(b) we have provided written consent.

4.4 You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any Website content for commercial purposes without our prior written consent.

4.5 The Fixinc name, logo, and all related trademarks are the property of Fixinc. Nothing on the Website grants you any licence or right to use any trademark without our written permission.

5. Acceptable Use

5.1 You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party.

5.2 You must not:

(a) use the Website in any way that breaches applicable laws or regulations;

(b) use the Website in any way that is fraudulent, deceptive, or harmful;

(c) attempt to gain unauthorised access to any part of the Website, accounts, computer systems, or networks connected to the Website;

(d) introduce viruses, malware, or other malicious code to the Website;

(e) interfere with or disrupt the integrity or performance of the Website;

(f) use automated systems, bots, or scripts to access the Website without our permission;

(g) collect or harvest any information from the Website without our consent; or

(h) impersonate any person or entity, or misrepresent your affiliation with any person or entity.

5.3 We reserve the right to restrict or terminate your access to the Website if we reasonably believe you have breached these Terms.

6. Forms and Information Collection

6.1 The Website includes contact forms, inquiry forms, and newsletter subscription forms that collect personal information such as your name, email address, and business details.

6.2 Some downloadable resources may require you to provide your email address or other information before access is granted.

6.3 By submitting information through any form on the Website, you:

(a) confirm that the information you provide is accurate and complete;

(b) consent to Fixinc collecting, storing, and using your information in accordance with our Privacy Policy; and

(c) if subscribing to our newsletter, consent to receiving newsletter communications from us.

6.4 You may unsubscribe from our newsletter at any time using the unsubscribe link in any newsletter email, or by contacting us directly.

6.5 Full details of how we collect, use, and protect your personal information are set out in our Privacy Policy.

7. Blog and Educational Content

7.1 The Website includes blog articles, educational content, and general guidance on topics related to business resilience, continuity, and crisis management.

7.2 This content is provided for general informational purposes only. It does not constitute professional advice and should not be relied upon as a substitute for specific advice tailored to your circumstances.

7.3 While we endeavour to keep Website content accurate and up to date, we make no representations or warranties about the completeness, accuracy, reliability, or suitability of any content for any particular purpose.

7.4 You should seek independent professional advice before making any decisions based on content found on the Website.

7.5 Fixinc accepts no liability for any loss or damage arising from reliance on Website content.

8. Third-Party Content and Links

8.1 The Website may contain embedded content from third-party services, including but not limited to YouTube videos, Google Maps, social media feeds, booking widgets, and external forms.

8.2 The Website may contain links to third-party websites or resources. These links are provided for convenience only and do not signify endorsement of the linked content.

8.3 We have no control over third-party content, websites, or resources, and accept no responsibility for them or for any loss or damage arising from your use of them.

8.4 Your use of third-party content and services is subject to the terms and privacy policies of those third parties.

9. Cookies and Analytics

9.1 The Website uses cookies and similar technologies to enhance your experience, analyse website performance, and understand how visitors use the Website.

9.2 We use the following analytics and tracking services:

(a) Google Analytics - to analyse website traffic and usage patterns; and

(b) Hotjar - to understand user behaviour through heatmaps and session recordings.

9.3 By using the Website, you consent to the use of cookies and analytics as described in our Cookie Policy.

9.4 You can manage your cookie preferences through your browser settings. Please note that disabling cookies may affect the functionality of the Website.

9.5 Full details of the cookies we use and how to manage them are set out in our Cookie Policy.

10. Website Hosting and Data Transfers

10.1 The Website is hosted by Webflow, which uses cloud infrastructure (including Amazon Web Services and Fastly CDN) with servers located in various countries, including the United States.

10.2 By using the Website, you acknowledge and consent to your data being processed and stored outside New Zealand, including in countries that may have different data protection laws.

10.3 We take reasonable steps to ensure that any international data transfers are conducted in accordance with applicable data protection laws.

11. Disclaimers

11.1 The Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

11.2 To the maximum extent permitted by law, Fixinc disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.3 We do not warrant that:

(a) the Website will be available at all times or without interruption;

(b) the Website will be free from errors, viruses, or other harmful components;

(c) any defects will be corrected; or

(d) the content on the Website is accurate, complete, or current.

11.4 Your use of the Website is at your own risk.

12. Limitation of Liability

12.1 To the maximum extent permitted by New Zealand law, Fixinc shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunity, or goodwill, arising from or in connection with your use of or inability to use the Website.

12.2 To the maximum extent permitted by law, Fixinc's total liability arising from or in connection with these Terms or your use of the Website shall not exceed $100 NZD.

12.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited by applicable law, including liability for fraud or fraudulent misrepresentation.

12.4 The limitations in this clause apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

13. Indemnification

13.1 You agree to indemnify, defend, and hold harmless Fixinc, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from or in connection with:

(a) your use of the Website;

(b) your breach of these Terms;

(c) your violation of any applicable law or regulation; or

(d) your violation of any third-party rights.

14. Case Studies and Client References

14.1 The Website may feature case studies, client testimonials, or references to work performed for clients.

14.2 General case studies and client references are published with consent obtained through our Program Terms and Conditions or separate agreement.

14.3 Detailed or personalised case studies are published only with specific written permission from the client.

14.4 Past results described in case studies do not guarantee similar outcomes for other clients.

15. Changes to the Website and Terms

15.1 We may update, modify, or discontinue any aspect of the Website at any time without notice.

15.2 We may revise these Terms at any time by updating this page. The "Last Updated" date at the top of these Terms indicates when the most recent changes were made.

15.3 Your continued use of the Website after any changes to these Terms constitutes acceptance of the revised Terms.

15.4 We encourage you to review these Terms periodically to stay informed of any updates.

16. Termination

16.1 We may restrict, suspend, or terminate your access to the Website at any time, without notice, for any reason, including if we believe you have breached these Terms.

16.2 Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification.

17. Governing Law and Jurisdiction

17.1 These Terms are governed by and construed in accordance with the laws of New Zealand.

17.2 Any disputes arising from or in connection with these Terms or your use of the Website shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.

18. General Provisions

18.1 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18.2 Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

18.3 Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Fixinc regarding your use of the Website.

18.4 Assignment: You may not assign or transfer any rights or obligations under these Terms. Fixinc may assign its rights and obligations without restriction.

19. Related Policies

19.1 These Terms should be read in conjunction with the following policies, which are incorporated by reference:

(a) Privacy Policy - details how we collect, use, and protect your personal information;

(b) Cookie Policy - details the cookies and tracking technologies we use.

19.2 These policies are available on the Website.

19.3 If you engage Fixinc for professional services, your engagement will be governed by our Program Terms and Conditions, not these Website Terms.

20. Contact Us

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

Email: info@fixinc.org

Address: PO Box 439, Rangiora Mailbox Lobby, Christchurch, 7440, New Zealand