Terms of Service
Welcome to the “All About Whitianga ” website and thanks for being part of the All About Whitianga project, we appreciate your business and really want to make our community thrive!
The purpose of these terms of service is to provide you information about your rights and obligations. Please ensure that you take time to read and understand these terms. By using this website, you are deemed to have read and agree to be bound by these Terms of Service and relevant All About New Zealand Ltd policies.
Terms of service
These terms of service apply to all Products and Services that the Client purchases from All About New Zealand Ltd now and in the future and to your use of this website.
Once a Client has decided on the type of Subscription Plan, Service or Product that they are buying they confirm their selection through the online self-service purchase process – the invoice form also becomes part of All About New Zealand Ltd agreement with the Client.
The Terms of Service also applies to any free or complimentary products or services that All About New Zealand Ltd may offer to a Client.
Definition of words
In these Terms of Service and accompanying Policies, unless the context otherwise requires the following words mean:
- Client - the person, firm, group, organisation or company acquiring Services or Products under these General Terms of Service and any relevant Policies
- Charges - the amount payable by the Client for the relevant Products and Services. All Charges are quoted exclusive of GST unless expressly stated otherwise
- Terms of Service – the terms and conditions set out in this document and provide the nature and boundary of the relationship between the Client and the Company
- The Company – All About New Zealand Ltd, a company incorporated in New Zealand
- Intellectual Property Rights – any patent, trademark, service mark, copyright, moral rights, right in a design, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered
- Agreement - the Company's agreement with the Client includes the Terms of Service, any relevant Policies and the Client's invoice order
- Consumer - a user of the All About New Zealand Ltd Products and Services
- Content - any information, claims, statements, photographs, images, video, text, video, data, trade marks, brands or logos
- Invoice–statement confirming payment and provides details about the Clients Subscription and pricing Plan including but not limited to charges and the specific product or service that the Client is purchasing from the Company
- Working day - means any day of the week other than a Saturday or Sunday or public holiday
- Website – the All About Whitianga Website
- Service - any service the Company provides to the Client or Users of the Website
- Product – any product the Company provides to the Client or Users of the Website
- We, us and our refers to the Company
- You and your refers to you
- User - any user of the website
- Plan – refers to the product offered to the Client which details the Subscription term and type of services the Client will receive from the Company
- Category – refers to the specific categories on the Website that are listed under each Guide area
- Guides – refers to the Guides on the Website such as Visitor, Local and Community
- Subscription – refers to the specific period of time that a Client subscribes to a Plan
- Invoice – receipt for the Services that the Client will receive and forms part of the Clients agreement with the Company.
What the Company will deliver for the Client
The Company will deliver the Services to the Client within 4 weeks of confirmed payment of the Clients Plan and Subscription or additional service, unless otherwise agreed between the Client and the Company.
All Plans, Subscription and content must be for Clients that operate legally within the local area.
The Client is responsible for obtaining the necessary consents or licenses that are required for their content (or any connection to it) that is used for their Plan, Subscription, online Services or Advertising.
The Client will provide the Company with accurate information, text, graphic design, photography and video material in a timely manner and as appropriate for their plan or advertising to enable the Company to effectively deliver the Services. The Client is solely responsible for ensuring the accuracy and completeness of the material.
The Client will not (and will not permit others to) reproduce the Services prepared by the Company without the Company's prior written consent.
The Client will not use any unauthorized automated method such as but not limited to a robot, spider, crawler or scraper to access the Website or the Company's Services or Products for any purpose.
If the Client provides a link to this Website the Client agrees not to use any Company logo, trademark or other proprietary graphic as part of such link without the express prior approval of the Company.
The Client agrees to indemnify the Company against any loss, liability or damage that the Company may suffer or become liable for as a result of the Clients failure to follow the terms of this agreement and supporting policies.
The Client agrees that they will not onsell any Products or Services they have received from the Company to any other businesses, groups or organisations.
Where there are no charges for Services the Client agrees that any content submitted online is undertaken by a person who has the authority to do so and the person submitting the form will be bound by all terms stated within the Terms of Service and Policies.
Plans, Guides, Subscriptions and Category areas
The Company aims to provide a website that gives visitors to the site relevant quality local products and services that are showcased to a high calibre. As such the Company has the right to determine the look, final content and the final Plan, Guide, Subscription and Category area of a Clients content on the Website.
Content, presentation and appropriateness
The Company reserves the right to approve all website content. If any of the material is deemed to be inappropriate, misleading, offensive, defamatory or unlawful the Company will have the right to remove the material.
The Company is not responsible for creating content for the Client unless the Client engages the Company to do so.
If the Client engages the Company to create content for them the Client will provide the Company with relevant content that can be added to the Website. The Company is not obliged to provide proofs for any of the content to the Client prior to publishing
The Company does not guarantee how the Clients online content or features will be presented to users of the site as this is dependent on many different factors including the end-users online capabilities, technology and functionality of devices used to access the site.
Testimonials and Endorsements will be published at the discretion of All About New Zealand Ltd and do not necessarily reflect the opinion of All About New Zealand Ltd.
User names and passwords
Clients must ensure that only authorised administrators of the Client’s business or organisation have administration rights to the Website login and that they keep their name and the user name and password secure and confidential at all times.
If the Company receives an instruction from the Client that is accompanied by suitable verification (i.e. PIN number, password, Client email address, invoice number) we will assume that this has been authorised by the Client.
The Company will not be liable to the Client or any third party for any losses, costs, claims or damages arising as a result of any misappropriation or misuse of any of your authorised administrators’ user names and passwords.
Intellectual property and ownership
The Company owns and is licensed to use, all rights including copyright in the products and services on the website, text, graphics, images, production specifications, domain names, logos, brand names, badges, software, business contact information and data collected in relation to the products and services on the website and all content that is published, posted or uploaded on the website.
The Client grants worldwide, perpetual, royalty free license to the Company to publish, reproduce and adapt the material without limitation. The Company does not endorse the Client’s goods or services.
The Client may not use any of the Company content without prior approval except through the content that the Company allows to be shared through social media platforms such as Facebook and Twitter.
The Client acknowledges that the Company is the proprietor and is the authorised licensee of the copyright, trade marks and all other intellectual property rights in any Content displayed or available through the Website. No content may be reproduced, published or transmitted without the Companys prior written consent.
The Client agrees that they will remove or cease any link upon the request of the Company's staff.
The Client agrees that all Intellectual Property Rights in any content produced by the Company for the Client, except for material originally supplied by the Client, will remain the exclusive property of the Company.
Payment and termination of services
The Client will pay Subscriptions in advance and in accordance with the requirements of the online payment system.
The Client will receive the Company's correspondence, invoices and receipt of payment via email to the Clients nominated email address.
If the Clients Subscription is not renewed by the expiry date of the Subscription or Service date the Company has the right to suspend or terminate the Clients Subscription.
The Company may review the cost of Subscriptions, Plans and Services and will notify the Client of any changes to these on the Website.
The Company will be under no obligation to continue to deliver any Services to the Client if a Subscription or additional service has expired or if the Client enters into any insolvency process or has a receiver or administrator appointed.
If the Client no longer wishes to receive services from the Company, the Client will not be entitled to a refund of any Subscription charges that have been paid in advance for Plans, Advertising or Services.
If the Client terminates the Subscription prior to the expiry of the relevant Subscription term , the Company will not be obliged to remove any content or cease the delivery of those Services.
The Website uses PayPal for its online credit card transactions and payments are processed in real-time and PayPal is responsible for providing a secure gateway for these payments.
Collection of client information
The Client agrees that the Company can collect and store information about the Clients business.
The Company may request information from the Client and if the Client decides not provide this information the Company may be unable to provide service to the Client.
The Client may request that any incorrect information about their business that is stored by the Company is corrected.
The Client agrees that the Company may hold information about the Clients business or organisation and share the information with employees, partners, relevant authorities and/or the applicable intellectual property rights holders (or their representatives) and other businesses
The Company may disclose any information at its absolute discretion in order to satisfy any applicable law, regulation, legal process or government request.
Warranties, indemnities and liability
The Client agrees that they have not relied on any representations made by or on behalf of the Company other than those contained in these Terms of Service and relevant Policies.
The Client agrees that any content that is supplied to the Company to use on the Website or for advertising and promotional material does not infringe on the Intellectual Property Rights, be unlawful or defamatory of any other third party.
Any offers made by the Client to users on the Website must not be misleading to users and must be honoured by the Client.
The Client agrees to indemnify the Company's directors and staff against all claims, costs, damages, suits, demands and liabilities of any nature that are caused directly or indirectly by the Clients act of omission or any breach of any provision of the Terms of Service or any relevant Policies.
The Company, directors and staff are not liable in contract, tort or otherwise for any direct or indirect financial or other loss suffered by the Client that results from the Services, Terms of Service or Policies.
The Company requires the services of third party providers and the Client agrees and acknowledges that the Company is not under obligation to deliver Services where a third party is unable to deliver a service to the Company.
The Company does not guarantee Services will be presented in all the methods which content may be accessed. The Company will not be responsible for the incorrect appearance of any content with the Services.
Without restricting any other provision of these terms limiting any person’s liability, to the maximum extent permitted by law, the Company's total aggregate liability for any claim or claims in any 12 month period, whether in contract, tort or otherwise that arises in any way from the Services, these Terms of Service or any Policies, shall be limited to no more than an amount equal to the GST exclusive amount actually paid by the Client to the Company in respect of the relevant Services in the 12 month period prior to the event or events giving rise to the claim or claims.
A Party may suspend its obligations under the Terms of Service and Policies if that Party is unable to perform its obligations as a direct result of an act of God, fire, wind, flood, riot, war, industrial action or defaults by third parties or other circumstances of a similar nature beyond its reasonable control.
The New Zealand Consumer Guarantees Act 1993 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms of Service and Policies must in all cases be read subject to those statutory provisions. However, if you are a business using this Website, then you agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to your use of the Website or your reliance on the Website.
The Client agrees to submit to the exclusive jurisdiction of the New Zealand courts.
The Client agrees that they expressly understand that the Company makes no warranties that the Website will meet the Clients requirements or that the website will operate uninterrupted, secure or error-free.
The Client must take all precautions to ensure that the process which the Client employs for accessing this Website does not expose the Client to the risk of viruses, malicious computer code or other forms of interference which may damage the Clients own computer system. The Company does not accept responsibility for any interference or damage to the Clients computer system which may arise in connection with your use of this Website or any linked website.
- In the first instance the Client agrees to direct any complaints to the Company's Business Development Manager who will investigate the Client’s concerns fairly and within a reasonable time.
- If the Client’s complaint is unable to be resolved, it will be referred to the Director for an independent review in accordance with internal policy and resolution methods. The Director will acknowledge receipt of the Client’s complaint within 7 calendar days, and will respond to and attempt to resolve the complaint within a reasonable time, having regard to the complexity of the complaint.
- If the Client has undertaken the Dispute Resolution steps one and two and the complaint remains unresolved the Client may take steps relating to the matter in an appropriate New Zealand court or tribunal.
The Company reserves the right to amend these Terms of Service from time to time upon placing any such amendments on this Website.
Our team is passionate about growing our local business and organisations to provide a vibrant local economy and community that we can all enjoy as locals and visitors. If you have any feedback we would enjoy hearing from you.