Email Legal Notice
Last Updated: 21 September 2021
Heart and Brain Works Limited (Heart and Brain Works) is a privately held entity which provides mental health audits and training for workplaces, universities and schools wanting to understand and promote positive mental health. Based in New Zealand, Heart and Brain Works provides services and solutions internationally.
Email is an integral part of Heart and Brain Works business and an important means of communicating with clients, service providers and third parties.
The purpose of this Email Legal Notice is to regulate the use and receipt of email to and from Heart and Brain Works in accordance with the Contract and Commercial Law Act 2017.
Emails, attachments to emails and links within emails are collectively referred to as ‘email’ in this Email Legal Notice.
- Email from Heart and Brain Works
Email from Heart and Brain Works is intended for named recipients only. Persons copied are also named recipients. Any other persons in receipt of email from Heart and Brain Works are unauthorised recipients of Heart and Brain Works email. Heart and Brain Works cannot and will not be liable for unauthorised forwarding and distribution of email.
As an authorised recipient, in your personal capacity, or authorised representative of an organisation (You), agree to receive communications electronically.
- Confidentiality and Privilege of Heart and Brain Works Email
Heart and Brain Works email may contain confidential and/or privileged information. Any dissemination, distribution or copying by persons other than the intended recipient(s) is prohibited. If You are an unauthorised recipient, kindly:
- Notify the sender if the sender is a Heart and Brain Works representative; or
- Notify Heart and Brain Works at [email protected] if the sender is a third party.
If You are an unauthorised recipient please destroy all email in electronic and hard copy format which You have received as an unauthorised recipient and/or have printed without authority. We thank you for your assistance.
- Access, Monitoring and Interception
To comply with law and in line with international standards and best practice relating to the use of information technology in its business, Heart and Brain Works monitors and intercepts ‘live’ (travelling over telecommunications networks) communications such as email (blocking, filtering, scanning). Where necessary to manage business risk and if required by law, Heart and Brain Works will also access static information created, received, communicated and stored (processed) by it as part of its business and in the pursuit of its legal obligations.
- Third Party Service Providers and Force Majeure Events
Heart and Brain Works relies on various third party service providers such as telecommunications and internet service providers. These are based in Australia, the EU, UK, Canada, USA and possibly other countries also. Heart and Brain Works cannot and will not be liable for delays, damages or the non-availability of email and related services which are beyond its control due to third party dependencies and force majeure events.
- Warrantees and Representations
No warranties are made or implied that any employee or contractor of Heart and Brain Works is or was authorised to create and/or send email on behalf of Heart and Brain Works.
- Unauthorised Use of Heart and Brain Works Email Systems
Heart and Brain Works regulates its internal environment in accordance with New Zealand law and administrative, technical and physical controls. In the event that these controls, which include rules on the acceptable use of email are contravened by users, the users themselves will be liable. Heart and Brain Works directors and management shall not accept liability arising from such contravention.
- Damages Arising from Email from Heart and Brain Works
Email technologies and the use of related telecommunication systems and networks expose Heart and Brain Works to dynamic security and business risk. Heart and Brain Works manages this risk in accordance with Australian law, relevant international law, international standards, best practice and through its policies, procedures and guidelines to prevent unauthorised access to or abuse of its systems and networks. While Heart and Brain Works is committed to a reasonable standard care and diligence, Heart and Brain Works cannot and will not be liable for damages arising from the use of email which are beyond its control.
- Dispatch and Receipt of Email
Senders of email addressed to Heart and Brain Works agree that email is deemed received by Heart and Brain Works only when receipt is confirmed orally or in writing. Email from Heart and Brain Works will be deemed dispatched as and when reflected in the Heart and Brain Works mail server logs. For all purposes, the place of dispatch and receipt of email from and to Heart and Brain Works shall be Auckland, New Zealand.
- Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand.
- Skill, Diligence, Care
Heart and Brain Works will exercise reasonable skill, diligence and care as may reasonably be expected in the use of email by a similar service provider.
- Company Information
Heart and Brain Works Ltd
Physical address and the address for receipt of legal service of documents
Orchard Street, Avondale, Auckland, 1026