TERMS OF USE AGREEMENT FOR THE ADVENTURE NZ WEBSITE

The following describes the terms under which you may access and use the Adventure NZ website. By accessing this website you are agreeing to be bound by the terms of this agreement. If you do not agree with the terms set out in this agreement you may not access or use the website.

AMENDMENTS

Adventure NZ may amend this Agreement at any time by posting a new agreement in place of this one. Adventure NZ will post notice that the Agreement has been amended on its main website located at www.AdventureNZ.co.nz for a period of 30 days. The amended agreement shall automatically be effective when posted. Your continued use of Adventure NZ's websites following the posting of the amended agreement and notice shall mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms of the amended Agreement then you must terminate all use of this website. This Agreement may not otherwise be amended.

LICENSE

You are granted a non-exclusive and non-transferable license to use and access Adventure NZ's website. The website shall include, if applicable, the Adventure NZ Forum, associated services and the questions and answers page.

ACCESS

In order to access and use Adventure NZ's website you agree to abide by the terms and conditions of this Agreement. Any other access or use shall constitute a trespass on Adventure NZ's computer systems, shall constitute an infringement of Adventure NZ's intellectual property and an unlawful use of Adventure NZ's assets.

Certain portions of Adventure NZ's website require you to have an account. This may require you to provide some personal information to Adventure NZ. You agree to (a) provide true, accurate, current and complete information about yourself as requested and (b) promptly update this information as required to keep it true, accurate, current and complete.

Adventure NZ has the right, in Adventure NZ's sole discretion, to suspend or terminate your current and future access and use of its websites in the event Adventure NZ reasonably believes that you are conducting yourself or providing information in a manner which is in breach of this.

USER CONDUCT

Adventure NZ is very concerned about the privacy and safety of all users, especially children

You shall not:

  1. submit any information or link to any content, information, ware or service which is obscene or contains pornography of any kind;
  2. use Adventure NZ's websites to commit any dishonest act, act of fraud or any act which infringes any third party rights;
  3. submit any information or link to any material which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
  4. submit any information or link to any material which is defamatory, libelous, harassing or threatening of or to any person or organization;
  5. submit any information or link to any material which is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
  6. submit any information or link to any material which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
  7. undertake any activity which creates liability or damage or potentially creates liability or damage to Adventure NZ or its computer systems or its service providers;
  8. send unsolicited e-mail to other users excluding private messaging via the community site; or
  9. harvest or collect information about other users, including e-mail addresses.
  10. Conduct political discussions or discussions that are likely to generate friction between members, with the exception of discussions around the specific focus of Adventure NZ, which includes but is not limited to Adventure NZ and it’s use.

You agree not to use any spider, robot or other automatic means to search or monitor the content of Adventure NZ's websites. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with Adventure NZ's software or websites or their use by any other user. You agree not to cause any unreasonable burden or load on Adventure NZ's software or its computer systems.

SERVICES

You agree that Adventure NZ will not be liable for any delay, interruption or unavailability of any of Adventure NZ's websites or related services, whether due to an act or omission of Adventure NZ or an act or omission of any third party.

Adventure NZ does not guarantee the quality, accuracy, completeness or timeliness of information posted on any of the websites and assumes no obligation to update the information or advise on further developments concerning topics mentioned.

Any information provided may be changed without notice.

USER SUBMISSIONS

Adventure NZ may make available to you the ability to submit information and links to the websites. You agree that all of your submissions will be in compliance with this Agreement.

All submissions may be subject to review by Adventure NZ prior to the information or link being posted to the websites, however Adventure NZ is under no obligation to review any of the submissions. Adventure NZ may refuse to post any information or link and may remove the same for any reason, in its sole discretion.

Adventure NZ's posting of any information or link does not mean that Adventure NZ agrees that the information or link complies with this Agreement or that Adventure NZ agrees with the content of the information or link.

While Adventure NZ may review each submission, it does not thoroughly review the information or the third party website that a link may relate to. Further, the information may become incorrect or the third party website may change from time to time. Notwithstanding Adventure NZ's review, you agree to indemnify Adventure NZ and other users for any loss or damage that Adventure NZ or any user may suffer as a result of the posting of any information or link that you submit.

CONTENT

Some information or links posted to Adventure NZ's websites may be offensive to you or incorrect or misleading.

Some portions of the Websites allow users to post information including links to other resources on the Internet. Some of this information may be reviewed by Adventure NZ prior to its posting. However, even if Adventure NZ reviews and posts a submission to its website it does not mean Adventure NZ endorses the same. All such postings remain the sole responsibility of the person who submitted such information or link. You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity, and legality of any information submitted and in respect any information, product or services offered or made available through any link which has been submitted and posted. Under no circumstances will Adventure NZ be liable in any manner for the same, and you hereby release Adventure NZ from any and all liability or losses that you may incur as a result thereof.

Adventure NZ may change, add to or delete from its websites at any time without notice. You agree to bear all risks, costs and damages that you may incur as a result of those changes.

WARRANTY DISCLAIMER

The Adventure NZ websites are provided "as is" and "as available" and are used by you at your sole risk. Adventure NZ makes no express or implied warranties, conditions or representations whatsoever, and specifically disclaims the same including without limitation, any warranties, representations or conditions of merchantability or fitness for a particular purpose including those implied by statute. The Adventure NZ websites may contain bugs, errors, problems, viruses or other limitations. Adventure NZ assumes no liability or responsibility for any such bugs, errors, problems or viruses or other limitations. Adventure NZ is not responsible for any content or information that you may find undesirable or objectionable.

LIMITED LIABILITY

In no event shall Adventure NZ be liable for any special, indirect, incidental or consequential damages arising out of or in connection with the use or inability to use the Adventure NZ websites however arising, including through negligence, even if Adventure NZ has been advised of the possibility of such damages.
In all other circumstances Adventure NZ's total aggregate liability to you or any third party, however arising, shall be limited to $10.00 (NZD).

INDEMNITY

You agree at all times to indemnify and hold harmless Adventure NZ, its employees, officers, directors, agents, suppliers, affiliates and other partners from any and all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever, including legal and other fees and disbursements sustained, incurred or paid by Adventure NZ due to or arising directly or indirectly from any information submitted, posted, transmitted or otherwise made available through our websites, your use of our websites, or your violation of these terms of use.

NO AGENCY

The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary. The links posted to the Links Directory are not affiliated with Adventure NZ, whether by partnership or otherwise.

NO WAIVER

Adventure NZ's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.

ENTIRE AGREEMENT

The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the use of Adventure NZ's software, websites, the Links Directory and the relationship between the parties. No representative of Adventure NZ is authorized to amend the terms of this Agreement. Amendments shall only be effective as provided in this Agreement.

TERMINATION

Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.

GOVERNING LAW

This Agreement, the relationship between you and Adventure NZ and your use of Adventure NZ's websites, the Links Directory and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of New Zealand applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Adventure NZ which in any way concerns this Agreement or the use of Adventure NZ's websites shall be brought exclusively in the courts of New Zealand Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. Adventure NZ is headquartered in New Zealand.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.

HEADINGS

Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.