Terms of Use for mcewen.co.nz or littlebluevilla.com

Acknowledgement and acceptance of General Terms

Access to, use of, linking to www.mcewen.co.nz or www.littlebluevilla.com (the Site) constitutes your agreement to be bound by the Terms. McEwen Consulting Limited reserves the right to amend the Terms at any time. Users are deemed to be aware of and bound by the amendments to the Terms upon publication on the Site. You should review the Terms periodically and before giving any information or confirming it to McEwen Consulting.

Ownership of Content on the Site

The materials displayed on the Site, including without limitation, all news, real time or other information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise on the Site. All rights, title and interest in and to the Content are owned, licensed or controlled by McEwen Consulting or the party credited as the provider of the Content.

Access to and use of Content on the Site

You may browse the Site for your own personal use, information, research, study and educational purposes only. McEwen Consulting grants to you a limited non-exclusive license to view copy and print the Content for your non-commercial or personal use. All requests for any permission for further use of the Content must be in writing and should be sent to [email protected].

Nothing in the terms shall be construed as granting to you any license under any patent, trademark or copyright of McEwen Consulting or any third party.

You must not use the Site or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right of McEwen Consulting or which is otherwise prohibited by these Terms. Under no circumstances may the Content be used to establish, maintain or provide, or assist in establishing, maintaining or providing a stock market (other than one authorised by law) for trading of securities.

Access outside New Zealand

McEwen Consulting makes no representation that materials on the Site are appropriate or available for use in other countries, and accessing them from other countries or territories where their content is illegal is prohibited. Use of the Site is done on the understanding and acceptance that you do so on your own initiative and you are solely responsible for compliance with local laws.

Disclaimer

The Content on the Site is derived from sources believed to be accurate and current as at the date indicated by reference to the "last reviewed" date, indicated in the respective sections of the Site. However ,due to the number of sources from which content may be obtained and the inherent hazards of electronic distribution, neither McEwen Consulting nor any supplier of Content to it, or their respective directors, officers, agents, employees or contractors:

• a) give any representation or warranty as to the reliability, accuracy or completeness of the Content; or
• b) warrant that any of the functions contained in any Content or your access to the Site, will be uninterrupted or error-free.

Neither McEwen Consulting, any supplier of Content to it, or their respective subsidiary companies, officers, employees and agents shall, under any circumstances, be liable in any way for any loss; or direct, indirect, consequential, incidental, indirect or special damages, of any kind or any other damages howsoever arising (whether in negligence or otherwise), out of or in connection with the Content and/or any omissions from the Content.

The Consumer Guarantees Act 1993 does not apply to the supply of services to you by McEwen Consulting on or through the Site, if you are acquiring or holding yourself out as acquiring those services for the purposes of a business.

In the case of goods or services supplied or offered by McEwen Consulting, any supplier of Content to it or their respective subsidiary companies and their officers, employees and agents, liability for breach of any implied warranty or condition which cannot be excluded is limited at the relevant party's option to either:

• a) the supply of the goods (or equivalent goods) or services again; or
• b) the payment of the cost of having the goods (or equivalent goods) or services supplied again.

Indemnity

You indemnify and hold harmless McEwen Consulting and its subsidiary companies, officers, employees and agents and keep them indemnified, from and against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages incurred or suffered by any of them arising from your access to and/or use of the Site.

Not Investment Advice

The Content on the Site including news content provided by McEwen Consulting and the content sent to you by the My BusinessDay Service provide general information only. The content of the Site and My BusinessDay Services are not intended as investment advice and must not be relied upon as such. You should obtain professional investment advice tailored to your specific circumstances and needs prior to making any investment decisions.

Neither McEwen Consulting, its subsidiary companies nor any of their officers, employees and agents or licensors:

• a) endorses or sponsors, or has endorsed or sponsored, any securities or financial products referred to on the Site or any linked website;
• b) makes or has made any recommendation regarding any securities or financial products made available by any of the companies identified on or linked to the Site; or
• c) makes or has made any recommendation regarding the advisability of investing in securities or other financial products generally for any particular individual.

The Site is not, and must not be, construed as an offer of securities or other financial products and is not an invitation to you to take up securities or other financial products.

Advertising and Links to Other Websites

The Site may contain links to third party websites which are not under the control of McEwen Consulting. McEwen Consulting is not responsible for the contents of any linked website or any hyperlink contained in a linked website other than its own websites. Hyperlinks are provided to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by McEwen Consulting or its employees. McEwen Consulting provides no guarantees, representations or warranties as to the nature, content and reliability and shall have no liability for any electronic content delivered by a third party, including and without limitation to, the accuracy or reliability of any information, data, opinions, advice or statements made on those linked websites or the timeliness of any electronic content. You link to any such linked website entirely at your own risk.

Where the Site contains third party advertisements, including banner advertising, third party logos and information, materials and documents relating to or provided by third parties (Third Party Material), the Third Party Material may contain embedded hyperlinks to websites operated by third parties or their licensees or contractors. McEwen Consulting and its employees do not recommend or endorse the products or services of those third parties. In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party's website and executing the relevant transaction. Such offers are not made by McEwen Consulting or its employees, and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

Caching and unauthorised hypertext links to the Site are prohibited as is the framing of any Content available through the Site without McEwen Consulting's prior written consent. McEwen Consulting reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Site. Any clause, or part thereof, declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.