Terms & Conditions of use.

The following Terms and Conditions of Use shall apply when you use the Malcolm Pacific Immigration website (www.malcolmpacific.com) ("our Website"). Use of our Website includes accessing, browsing, and booking consultations on our Website. Our Website is owned and operated by Malcolm Pacific Limited ("Malcolm Pacific Immigration, we, us or our"). By using our Website, you acknowledge and agree to be bound by these Terms and Conditions of Use. If you do not agree to be bound by these Terms and Conditions of Use, then you must immediately stop using our Website.

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1. Use of our Website is granted on a temporary basis, and we may amend the information on, or withdraw or suspend access to, our Website and/or the services on our Website without notice. You are responsible for arranging your own access to our Website and for ensuring that anyone that accesses our Website through your internet connection is aware of and complies with these Terms and Conditions of Use. 

2. The contents of our Website and all copyrights and trademarks residing in or relating to the contents, or any part thereof are owned by Malcolm Pacific Immigration. You are permitted to download and print the contents of our Website solely for your personal use. The contents of our Website must not be copied or reproduced, used, or otherwise dealt with for any other reason. You are not entitled to incorporate (in whole or in part) the contents of our Website in other work or publication (whether in printed, electronic or any other form), modify or redistribute the contents of our Website, reproduce, link, frame, or deep link it on any other website without our express written permission. You are not entitled to use the contents of our Website for commercial exploitation under any circumstances.

3. You may use our Website for lawful purposes and not in any way that breaches any applicable law or regulation. You must not attempt to disrupt or gain unauthorised access to the service or software on which our Website is hosted, or any server, computer or database connected to our Website. You may not use our Website: 
   

• to harm or attempt to harm any individual;
• to knowingly or recklessly introduce viruses or other material which is malicious, harmful or disruptive;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam); or
• to create liability for or cause damage to us in any way.

4. Any information provided by you through our Website must not: 

• infringe any intellectual property rights or breach any obligation owed to a third party;
• be false, misleading, or deceptive; or 
• be used to impersonate any person, or to misrepresent your identity.

5. The contents of our Website are provided for general information purposes only, to inform you about New Zealand visas and the process involved in applying. The information is not intended to constitute immigration advice on which you should rely. You must obtain professional or specialist advice from a Licensed Immigration Adviser before taking, or refraining from, any action on the basis of the content on our Website. 

6. The contents of our Website are provided in good faith, but no guarantee, warranty or representation is given that the contents are accurate, complete, or up to date. Use of the contents of our Website is at your own risk. To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such content and all conditions, warranties and other terms which might otherwise be implied by law. While we take reasonable precautions to prevent computer viruses and other malicious programmes on the Website, to the extent permitted by law, we are not responsible for any liability for any loss or damage arising from computer viruses or other malicious or harmful programmes due to your use, any content downloaded from, or any website linked on our Website. To the extent permitted by law, we disclaim any liability incurred in connection with the use of or inability to use our Website, including any liability for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from corruption or loss of data or loss of profits arising out of or in connection with the use of our Website. Nothing in these Terms and Conditions of Use excludes or limits our liability which cannot be excluded or limited at law.

7. Our Website may contain links to other websites and resources. The inclusion of any links does not necessarily imply a recommendation or endorsement of the contents or views contained within any third-party websites or resources. We have no control over the nature, content and availability of any third-party websites or resources and, to the extent permitted by law, accept no responsibility or liability for any material supplied by or contained on any third-party website or resource, which is linked or included on our Website, or any use of personal data by such third party. Please be aware that the privacy policies applicable to those other websites and resources may be different from our Privacy Policy. 

8. Any information you provide through our Website will be handled in accordance with our Privacy Policy. 

9. These Terms and Conditions of Use are governed by the Laws of New Zealand. By visiting the Website you agree to submit to the exclusive jurisdiction of the New Zealand Courts.

10. We reserve the right to revise these terms and conditions of use and the Privacy Policy at any time by posting an updated version on this page. By continuing to use our Website you agree to be bound by the revised Terms and Conditions of Use and Privacy Policy. Please check this page from time to time to view the latest Terms and Conditions of Use and Privacy Policy. 

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Privacy Policy.

If you are reading this small type, it is probably because you have genuine concerns about privacy. You will be re-assured to learn that we at Malcolm Pacific Limited ("Malcolm Pacific Immigration, we, us or our") have too. Your privacy is of great importance to us. We do not collect or use personal information for any purpose other than to communicate with you, including to send information requested by you through the Malcolm Pacific Immigration website (“our Website”), to operate our Website, and/or to provide immigration and/or visa services ("our Services"). 

This Privacy Policy more fully describes how we collect, use, and protect personal information in connection with: 

• your use of our Website; and 
• our Services.  

This Privacy Policy applies to our Website and all Services offered by Malcolm Pacific Immigration.

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How do we collect personal information?

We collect person information directly from you when you:

• subscribe to our newsletter; 
• fill out a form on our Website; or 
• contact us directly.

Where permitted by law or where you have consented, we may collect personal information from third parties, including government agencies.

If you provide us with personal information about another person, you should obtain their consent to do so, having informed them of this Privacy Policy where appropriate.

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What personal information do we collect?

We may collect the following types of personal information about you for the purposes set out in this   Privacy Policy:

• Identifying information:  Such as, name, nationality, gender, marital status, health and character related information, details of your travel document (e.g. passport or ID), email address, telephone number and postal address, place and date of birth.
• Third persons: Such as children's names, parent's names, partner's names, and employers’ details. 
• Communication data: Contact details such as email address, mobile phone number.

We may request other types of personal information from you as may be necessary to process your visa application and provide our Services to you.  

When accessing our Website, we automatically collect basic computer information such as IP address, server information, browser type, and operating system. See below for more information on cookies.

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Use of “cookies”

There are two types of cookies (a “cookie” is a small piece of computer code placed in one computer by another): “session cookies” which expire, and “persistent cookies” which do not. 

Our Website uses session cookies to help us record site usage statistics, but they expire when you close your browser. We do not use persistent cookies.

Where cookies collect and hold any personal information, those cookies will be handled in accordance with this Privacy Policy. 

If you choose to disable or block cookies, parts of our Website may not function as intended, or at all. 

Cookies can be disabled or blocked through your browser settings. 

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What we use personal information for?

We will use personal information for the following purposes:

• to enable us to provide our Services;
• for internal administration purposes;
• to provide you with information about our Services or online content you have agreed to receive;
• to personalise your experience (your information helps us to better respond to your individual needs)
• to process transactions, payments, or other fees;
• to send periodic emails and newsletters; and
• to otherwise send you information, respond to enquiries, and/or other requests or questions.

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How do we protect your information?

We are committed to keeping personal information secure. We will use all reasonable precautions to protect personal information from:

• unauthorised access;
• improper use or disclosure;
• unauthorised modification; and
• unlawful destruction or accidental loss.

We are constantly reviewing and upgrading our security policies, rules, and technical measures to keep us one jump ahead.

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Sharing personal information

We may share personal information with any of the following: 

• our professional advisers; 
• government agencies, with your consent;
• legal tribunals and courts;
• any other third party we are permitted to do so under applicable privacy laws or where you have authorised us to do so (for example to your employer in support of your visa application).

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Retention of information

We do not retain personal information for longer than is necessary to fulfil the legitimate business need for which the information was collected. 

Where we are providing you with Services, personal information may be deleted after 7 years from the date your file was closed in accordance with the Code of Conduct of the Immigration Advisers Authority. 

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Your privacy rights

Under the Privacy Act 2020, you have the right to request access to and correction of personal information.  You are under no obligation to provide us with personal information, but if you choose to withhold any requested information, we may not be able to provide you with some or all our Services.

In addition to the rights listed above, you may have additional rights under applicable data protection and privacy laws, including to restrict or object to our processing of personal information.

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Enquiries.

If you have any questions in relation to the above, contact the Auckland office of Malcolm Pacific Immigration.

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