In these Terms, the following words have the corresponding meaning:
“Content” means software, text, graphics and all other material displayed or made available through the Site, and includes Third Party Content.
“Third Party Content” means any Content submitted or transmitted to, through, or in connection with the Site by third parties, including end-users of the Site.
“Usage Rights” means, in relation to Content, the rights to use, copy, publicly display, publish, distribute, modify, reformat, incorporate it into advertisements, and otherwise create derivative works from that Content.
“you” and “your” means you, as an end-user of the Site.
By registering on the Site you agree to receive information from us, our related companies and/or certain third parties, which may include regular newsletters, special offers and other promotional material. You can unsubscribe from receiving this information at any time by logging into your account, clicking on “Profile” and deselecting “Yes, keep me updated and send me the newsletter”. Please be aware that we may continue to send you certain other information in accordance with the Unsolicited Electronic Messages Act 2007.
4. Use of the Site
You agree to use the Site only for legitimate purposes. You agree that you will not interfere with, damage (or attempt to interfere with or damage) or reverse-engineer any code, data or software on or associated with the Site, and you will not use the Site or any Content: (a) in breach of any legislation or for any unlawful act; or (b) to damage or disrupt this Site or any other website.
5. Contributions to the Site
Some of the features of the Site enable you to submit or transmit Content to, through, or in connection with the Site (“Your Content”). You are solely responsible for Your Content, and assume all risks associated with the publication of Your Content on the Site, or otherwise. You represent and warrant that you own, or have the necessary permissions to use and authorise the use of Your Content as set out in these Terms. You agree that you shall not submit or transmit to, through, or in connection with the Site: (a) any material that is obscene, defamatory, illegal, offensive, harassing, threatening, discriminatory, blasphemous, detrimental or which may cause annoyance, anxiety or inconvenience to anyone; (b) any material which breaches any third party rights including copyright, trademark, patent, trade secret, moral rights, privacy rights or other intellectual property rights; (c) spam, mass messaging, unsolicited or unauthorised advertising or promotional material; or (d) any material that promote your business, your employer’s business or the business of one of your friends or family members, or hinders competitors to one of those businesses.
6. Intellectual property
You acknowledge and accept that, as between you and us: (a) we own or have the necessary permissions to use all Content; (b) all rights in and to the Site and the Content, other than Your Content, are retained by us; and (c) you have no Usage Rights in any Content, whether in whole or in part, other than in Your Content, except as expressly authorised by us in writing. Unauthorised use of any Content is strictly prohibited.
You hereby: (a) grant us irrevocable, world-wide, royalty-free, sublicensable and transferable Usage Rights in Your Content; and (b) waive any and all claims and assertions of moral rights or attribution with respect to Your Content, in respect of our exercise of the Usage Rights.
7. No liability or warranties
We, and our Content providers, do not give any warranty whatsoever, including without limitation, as to the availability, accuracy, completeness, currency or reliability of any Content, information or services made available via the Site. We expressly disclaim to the maximum extent permitted in law all liability for any damage or loss resulting from your use of, or reliance on, the Site or any Content provided via the Site. This exclusion of liability also applies for the benefit of our, and our related companies’, officers, employees, contractors and agents.
In addition, we do not warrant or make any representations regarding, or take any responsibility for, any Third Party Content. We reserve the right to remove or amend Third Party Content, but are under no obligation to exercise editorial control. You acknowledge that you use and rely on any Content at your own risk.
The Site, the Content and the services are provided on an “as is” basis and we make no warranty that the Site will be free from viruses or any kind of malicious code whatsoever.
You agree to release, indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms.
9. Linked sites
The Site may include links to other websites not owned by us and/or advertising not related to us. We are not responsible for, and make no representations, warranties or conditions concerning, the contents of any such linked site or advertising. The inclusion of any link or any advertisement does not imply endorsement, investigation or verification by us of the linked site or advertisement.
10. Availability of the Site
We do not guarantee that access to the Site or any other linked site or service we provide via the Site will be continuous or fault-free. We may modify the Site, or withhold, suspend or restrict any service provided via the Site, at any time without notice.
11. Consumer Guarantees Act
These Terms do not limit any rights you may have under the Consumer Guarantees Act 1993 (“Act”) if something we do for you as an end-user of the Site is a service under the Act. If anything we do for you as an end-user of the Site is a service under the Act and you are acquiring the service for the purposes of a business as defined in the Act, the provisions of the Act do not apply to the service.
12. New Zealand law applies
These Terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
13. Changing these Terms
We may change these Terms, by changing or removing existing terms or adding new ones, at any time. Any change applies from the time it is published on the Site. Your continued use of the Site after any change has been made shall be deemed to indicate your acceptance of the change.
If any one or more of the provisions of these Terms are held to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.
15. No Agency
Nothing in these Terms will be deemed to constitute either party as the agent, partner or joint venturer of the other or of any third party.