Terms and Conditions

Introduction

  1. This websites secretnewzealand.co.nz and the other similarly styled websites ( “the Site”) are a social media service which lets people share recommendations about cities.
  2. The Site (“we” or “us”) and membership is open to any individual who chooses to register with the site.
  3. These terms will apply to registered users, members or those who simply view the Site (“you”).
  4. Whether you register or not you will be bound by these terms and conditions in full and you also agree to be bound by the terms of our  Privacy Policy which explains the use we are authorised to make of your personal information.
  5. Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.

Your license to use the material on the site

You are permitted to use information on the site under the terms of Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported license, as specified fully on this page of the Creative Commons website which terms should be read alongside these. In case of any conflict, the terms specified in this document should take precedence.

Registration and Membership

  1. Registration with the Site is currently free, however in order to become a registered user you will have to provide some basic personal information.
  2. You agree that all information supplied on registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you and if you win an auction we will only contact you by email at the address supplied.
  3. You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.
  4. You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site.

Use and Abuse of the Site

  1. You must be 18 or over to use the Site.
  2. Any information published on the message boards or other public areas of the Site by you will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content.
  3. You may not publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the site and terminating your membership.
  4. We also reserve the right at our discretion to remove any content from the site, terminate your registration or membership and restrict your access to our services at any time for any reason.
  5. We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
  6. In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.

Advertising and Commercial Use

  1. Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.
  2. You are not entitled to resell or commercially exploit the Site’s contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
  3. In the event that you are found by us to have been sending unsolicited e-mail to our users in contravention of the Privacy and Electronic Communications Regulations 2003 having taken their address from our Site then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.

Our Liability

  1. We will operate the Site with the reasonable skill and care of an online service provider.
  2. From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms
  3. We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise.
  4. Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.

Cancellation and Termination

  1. On receipt of an email by you to us cancelling your registration or membership then we will delete your member profile and terminate your membership.
  2. We reserve the right to terminate your registration or membership immediately without notice if in our opinion you have breached these terms.
  3. All of the information contained in your profile or posted by you to the public areas of the Site may be lost for good once your membership or registration has been terminated (for whatever reason) and we will not be liable to you for any loss of information. However we do not guarantee that any information posted by you will be deleted from the Site on termination of your registration or membership.

Communication

  1. We request that all information included in your registration or member profile is accurate, current and complete.
  2. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
  3. Personal information that you supply to us will not be disclosed by us to any third party save in accordance with our Privacy Policy.  You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

Other Sites

  1. The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.

Intellectual Property

  1. The format and content of this Site is protected by New Zealand and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.
  2. By displaying user-generated content on this site you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
  4. We do not screen user-generated content (including content relating to available properties which may be posted by our Hosts) or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
  5. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.

General

  1. These conditions are governed by and construed in accordance with the laws of New Zealand. You agree, as we do, to submit to the non-exclusive jurisdiction of the new Zealand courts.
  2. If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
  3. We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
  4. We may make changes to the format of the Site, services provided or to the Site’s content at any time without notice.

June 2010

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