TRAVEL MEDIA LIMITED TRADING AS NZ BUSINESS TRAVELLER
TERMS AND CONDITIONS OF USE
The terms and conditions set out below (“Terms and Conditions“) govern your use of NZ BUSINESS TRAVELLER. By using NZ BUSINESS TRAVELLER, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use NZ BUSINESS TRAVELLER and you must refrain from using it.
If you have any complaints or questions regarding NZ BUSINESS TRAVELLER Network or the Terms and Conditions then you can contact us through www.nzbusinesstraveller.co.nz.
If you are an advertiser on NZ BUSINESS TRAVELLER, these Terms and Conditions apply to you in addition to NZ BUSINESS TRAVELLER Advertising Terms and Conditions. A copy of NZ BUSINESS TRAVELLER Advertising Terms and Conditions is available on www.nzbusinesstraveller.co.nz. To the extent of any inconsistency, these Terms and Conditions prevail in relation to your use of NZ BUSINESS TRAVELLER.
NZ BUSINESS TRAVELLER reserves the right to make changes to these Terms and Conditions which will be effective once they are published on this site. You should revisit this area of NZ BUSINESS TRAVELLER regularly to check the Terms and Conditions.
Use of NZ BUSINESS TRAVELLER by you:
You agree to only use NZ BUSINESS TRAVELLER for purposes permitted by the Terms and Conditions. You are responsible for all equipment and software used to access NZ BUSINESS TRAVELLER.
You must not:
– Use NZ BUSINESS TRAVELLER directly or indirectly for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches the Terms and Conditions;
– Use NZ BUSINESS TRAVELLER directly or indirectly to post or transmit any Material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying NZ BUSINESS TRAVELLER or which is false, misleading or deceptive in any way;
– Submit for posting or otherwise distribute any Material in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;
– Use NZ BUSINESS TRAVELLER directly or indirectly, or use any service provided on NZ BUSINESS TRAVELLER, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email, spam or any other duplicative or unsolicited messages (commercial or otherwise);
– Attempt to gain unauthorised access to NZ BUSINESS TRAVELLER or use another person’s name, registration account or password;
– Impersonate any person or entity or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message you post on NZ BUSINESS TRAVELLER or falsely state or otherwise misrepresent your affiliation with a person or entity;
– Knowingly provide registration information that is not truthful;
– Tamper with, hinder the operation of or make unauthorised modifications to NZ BUSINESS TRAVELLER;
– Knowingly transmit any virus or other disabling feature to NZ BUSINESS TRAVELLER;
– Collect information about others, including email addresses, without their consent; or
– Engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms and Conditions or is otherwise inappropriate for NZ BUSINESS TRAVELLER.
Disclaimer and Limitation of liability
To the extent permitted by law, NZ BUSINESS TRAVELLER and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the Material, products or services, including products or services of any third party, that are made available via NZ BUSINESS TRAVELLER.
NZ BUSINESS TRAVELLER does not investigate or endorse any person, company or organisation that uses, advertises, posts on or provides Material to NZ BUSINESS TRAVELLER or any events, information, products or services (“Products”) offered for sale or otherwise identified or provided by them. The availability of Material through NZ BUSINESS TRAVELLER does not constitute advice about the appropriateness, value or suitability of any Material or Product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by NZ BUSINESS TRAVELLER of any Product or to you to enter into any transaction or follow any course of action. Any decision that you make about any Material or Products offered, identified or provided through NZ BUSINESS TRAVELLER or referred to or advertised on NZ BUSINESS TRAVELLER must be based solely on your own evaluation of your circumstances and objectives and of the Material or Product. NZ BUSINESS TRAVELLER recommends that you independently verify the accuracy, currency or reliability of any Material made available via NZ BUSINESS TRAVELLER and upon which you intend to rely.
NZ BUSINESS TRAVELLER and Material available on it are provided on an “as is” basis. You understand that by using NZ BUSINESS TRAVELLER, you may be exposed to content that is posted by third parties which you may find indecent or objectionable.
NZ BUSINESS TRAVELLER makes no warranty that NZ BUSINESS TRAVELLER will be free from viruses or any kind of malicious code whatsoever. To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:
– NZ BUSINESS TRAVELLER;
– Material on NZ BUSINESS TRAVELLER;
– The services or Products made available through NZ BUSINESS TRAVELLER;
– The availability of NZ BUSINESS TRAVELLER; and
– Your use of NZ BUSINESS TRAVELLER, are excluded.
To the extent permitted by law, we (and our officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage (whether direct or consequential), costs or expenses suffered by you or claims made against you in connection with, however caused:
– your use of NZ BUSINESS TRAVELLER (and its Material);
– any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to NZ BUSINESS TRAVELLER;
– any failure to provide NZ BUSINESS TRAVELLER;
– any Products, goods or services supplied, offered or advertised on NZ BUSINESS TRAVELLER; or
– your purchase of any goods or services offered for sale on NZ BUSINESS TRAVELLER or your use or reliance on any information provided on NZ BUSINESS TRAVELLER.
NZ BUSINESS TRAVELLER may contain links to external sites. Those sites are not part of NZ BUSINESS TRAVELLER and, unless otherwise indicated, are not under NZ BUSINESS TRAVELLER’S control. No link appearing in NZ BUSINESS TRAVELLER and no external sites linked to NZ BUSINESS TRAVELLER is endorsed by NZ BUSINESS TRAVELLER and no responsibility is taken for material in them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify NZ BUSINESS TRAVELLER against any liability arising out of your accessing any linked site.
Accuracy of Registration Information
When registering on NZ BUSINESS TRAVELLER, you must ensure that all information you provide is correct and up-to-date. If you change your details during the period of your membership, you agree to ensure your details are updated.
Username and Password
It is your responsibility to keep your login (email address) and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must notify contact NZ BUSINESS TRAVELLER as soon as possible. You must also change your password immediately. You agree to indemnify NZ BUSINESS TRAVELLER against any and all claims arising out of your failure to maintain the confidentiality of your username and password.
Placement and Removal of Material on NZ BUSINESS TRAVELLER
We reserve the right (but have no obligation):
a. To decline to publish, or where already published, to remove any Material that we consider in our absolute discretion is inappropriate for NZ BUSINESS TRAVELLER for any reason;
- to establish general practices and limits concerning the uploading of Material to NZ BUSINESS TRAVELLER or the level and amount of your use of NZ BUSINESS TRAVELLER and that these practices and limits may be modified from time to time;
- to monitor use of NZ BUSINESS TRAVELLER by you and store and disclose any information we collect, including in order to investigate you compliance with these Terms and Conditions or for the purposes of any police investigation or governmental request.
You agree that NZ BUSINESS TRAVELLER has no responsibility or liability for the deletion or failure to store any Material submitted by you to NZ BUSINESS TRAVELLER.
By providing Material to NZ BUSINESS TRAVELLER for posting or publishing on NZ BUSINESS TRAVELLER, you:
a. Authorise NZ BUSINESS TRAVELLER to use any Material you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of NZ BUSINESS TRAVELLER and its customers and the public;
- Authorise NZ BUSINESS TRAVELLER to edit, modify, amend or adapt or otherwise change your Material;
- Grant NZ BUSINESS TRAVELLER world-wide, royalty-free, non-exclusive licence to use and exploit all intellectual property rights in your Material, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that Material in hard copy publications or in electronic media, using your Material in advertising or promotional material and permitting others to do any of these, including when others or NZ BUSINESS TRAVELLER receive payment for doing this;
- Waive all moral rights in your Material and consent to NZ BUSINESS TRAVELLER doing anything which NZ BUSINESS TRAVELLER(or anyone permitted by NZ BUSINESS TRAVELLER) may do in relation to your Material which would otherwise be in breach of your moral rights. This includes NZ BUSINESS TRAVELLER using your Material without attributing you as the source of your Material;
- Warrant that you are the sole author or owner of the Material;
- Warrant that you have the right to grant the abovementioned licence;
- Agree that we may use your name, likeness, publically accessible biographical data in connection with our use of such Material; and
- Agree to indemnify NZ BUSINESS TRAVELLER and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by NZ BUSINESS TRAVELLER of your Material.
You acknowledge that copyright, trade marks and all other intellectual property rights (“IP Rights”) in NZ BUSINESS TRAVELLER and in the Material displayed or available through NZ BUSINESS TRAVELLER belongs to TRAVEL MEDIA LIMITED or its licensors.
NZ BUSINESS TRAVELLER IS A REGISTERED TRADEMARK OF TRAVEL MEDIA LIMITED.
You are provided access to NZ BUSINESS TRAVELLER only for your personal use. Subject to applicable laws:
– unauthorised use of the Material is strictly prohibited and may infringe NZ BUSINESS TRAVELLER or its licensors IP Rights in the Material; and
– no content may be reproduced, published or transmitted in any manner without the prior written consent of NZ BUSINESS TRAVELLER.
Without limiting the above, and subject to applicable law, you may not without prior written permission from NZ BUSINESS TRAVELLER:
– archive the Material or any part of it;
– form a database whether electronically or otherwise by systematically downloading or storing all or any of the Material;
– redistribute or republish the Material; or
– link to NZ BUSINESS TRAVELLER including (without limitation) linking in any way which:
– frames NZ BUSINESS TRAVELLER;
– replicates NZ BUSINESS TRAVELLER; or
– misleads any person regarding any association with NZ BUSINESS TRAVELLER or any association with NZ BUSINESS TRAVELLER (whether implicitly or expressly).
The trade marks used on NZ BUSINESS TRAVELLER are TRAVEL MEDIA LIMITED’S trade marks or the trade marks of a third party. Nothing on NZ BUSINESS TRAVELLER should be construed as granting any licence to use any trade mark without the permission of the owner.
You must not use any of NZ BUSINESS TRAVELLER’s trade marks:
– as or as part of your trade marks;
– in connection with goods or services which are not the goods or services of NZ BUSINESS TRAVELLER;
– in a manner that may be confusing, misleading or deceptive; or
– in a manner that disparages NZ BUSINESS TRAVELLER, its information or services or NZ BUSINESS TRAVELLER
You acknowledge that your use of NZ BUSINESS TRAVELLER and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, NZ BUSINESS TRAVELLER and its service providers do not make any warranty that NZ BUSINESS TRAVELLER or services will be error free, without interruption or delay or free from defects in design or engineering.
The compatibility of this NZ BUSINESS TRAVELLER Network is not guaranteed for all software or hardware of users.
To the maximum extent permitted by law, you specifically agree to indemnify and hold NZ BUSINESS TRAVELLER and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities relating to your use of NZ BUSINESS TRAVELLER or its use by any person on your behalf. For the purposes of this paragraph NZ BUSINESS TRAVELLER includes any linked sites.
If you make contact with a person through NZ BUSINESS TRAVELLER and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through NZ BUSINESS TRAVELLER without the prior consent of that person.
The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.
We reserve the right to suspend, limited, cancel or disable your access or membership from NZ BUSINESS TRAVELLER without prior notice (i) if we reasonably believe that you or someone authorised by you breaches any of the Terms and Conditions, (ii) if considered necessary by NZ BUSINESS TRAVELLER due to technical or security issues, (iii) if there is a prolonged period of inactivity on NZ BUSINESS TRAVELLER by you (iv) if NZ BUSINESS TRAVELLER is requested to do so by a government or law enforcement agency (v) or if it is otherwise considered necessary by NZ BUSINESS TRAVELLER at its sole discretion. NZ BUSINESS TRAVELLER is not required to provide any reasons for a decision to suspend, limited, cancel or disable your access or membership.
Upon termination of your membership you will be restricted from accessing any member restricted area of NZ BUSINESS TRAVELLER, submitting any Material to NZ BUSINESS TRAVELLER and any Material submitted by you to NZ BUSINESS TRAVELLER or other information held by NZ BUSINESS TRAVELLER in relation to your use of NZ BUSINESS TRAVELLER may be deleted and is not returnable to you.
Benefit of Terms and Conditions
NZ BUSINESS TRAVELLER holds the benefit of all rights conferred on NZ BUSINESS TRAVELLER or its officers, employees or agents under these Terms and Conditions as trustee for those persons and may enforce those rights on their behalf in its capacity as trustee.
These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms and Conditions
In these Terms and Conditions:
NZ BUSINESS TRAVELLER means all of the New Zealand websites, mobile sites and Apps that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).
Material means information, data, text, software, illustrations, photos, audio, video, any combination of these or other material.
Us, we, our or NZ BUSINESS TRAVELLER means TRAVEL MEDIA LIMITED and/or their related companies or joint ventures.