TERMS OF USE
These terms and conditions apply to all users of this Website and it associated services. By using the Website, you will be deemed to agree to these terms and conditions without qualification. If you do not agree to be bound by these terms and conditions, please do not use the Website.
Username and Password
Access to some services or content may require registration. This will result in you being allocated a user ID and password that must be used whenever requested. That username and password are personal to you and you agree at all times to maintain the confidentiality of your username and password and not to disclose them to any third party. You agree that you are solely responsible for any use of the Website by any person using your username and password. You agree to indemnify the New Zealand Arboricultural Association Inc. (NZAA) against any and all claims arising out of your failure to maintain the confidentiality of your username or password.
Access
You understand that the NZAA may for security and technical reasons at any time in its sole discretion and without prior notice to you, prohibit or restrict your access to the Website. The NZAA will notify you as soon as possible of any restriction to your access rights.
No Advice
You agree that the NZAA provide no advice or endorsement of any kind and nor do the NZAA give any advice or offer any opinion with regard to the value or suitability of any particular transaction or course of action. The availability of information through the Website does not constitute a recommendation by the NZAA to enter into any transaction or follow any course of action. Any decision that you make must be based solely on your own evaluation of your circumstances and objectives. The NZAA recommends that you independently verify the accuracy, currency or reliability of any information made available via the service and upon which you intend to rely.
Information and warranties
The NZAA and its information contributors and associated service providers do not give any warranty whatsoever, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information or services made available via the Website and 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 Website or the information provided via the Website. The Website services and information are provided on an “as is” basis. The NZAA make no warranty that the Website will be free from viruses or any kind of malicious code whatsoever.
Linked websites
No link appearing in the content and no linked website is endorsed by the NZAA and no responsibility is taken for material on any linked website. You agree that by accessing any linked website you are doing so at your own risk and you agree to fully indemnify the NZAA against any liability arising out of your accessing any linked website.
Intellectual Property
You acknowledge that the NZAA is the proprietor or the authorised user of the copyright, trade marks and all other intellectual property rights (IP Rights) in the software, text, graphics and other material (content) displayed or available through the Website.
Unauthorised use of the Content is strictly prohibited and may infringe the IP Rights in the content, unless other stated as being publically available information or information open for discussion or comment. No content (except that mentioned previously) may be reproduced, published or transmitted in any manner without the prior written consent of the NZAA.
In particular and without limitation, you may not without prior written permission from the NZAA:
- archive the content or any part of it;
- form a database whether electronically or otherwise by systematically downloading or storing all or any of the content;
- redistribute or republish the content ; or
- link to the Website including (without limitation) linking in any way which frames the Website; replicates the Website or misleads any person regarding any association with the Website; or your association with The NZAA or otherwise whether implicitly or expressly.
User Generated Content
Photographs and video may be sent to the website as user-generated content. The NZAA reserves the right to store electronically any pictures sent in by nzarbor.og.nz readers and to use the images free of charge in any of its online and print publications. Amateur photographers retain the copyright to their photographs or videos, if they are to be published elsewhere.
Technical Difficulties
You acknowledge that your use of the Website and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, the NZAA and its service providers do not make any warranty that the Website or services will be error free, without interruption or delay or free from defects in design or engineering.
Liability
To the maximum extent permitted in law you specifically agree to indemnify and hold the NZAA harmless from any and all claims relating to your use of the Website or its use by any person on your behalf. For the purposes of this paragraph Website means and includes any linked website.
Privacy
You acknowledge that you have read and understood and agree to the terms of the Privacy Statement.
Severability
The illegality, invalidity or unenforceability of any part of the terms and conditions will not affect the legality, validity or enforceability of the remainder.
Variations
The NZAA may vary these terms and conditions from time to time. By continuing to use the Website after a Variation has been posted on the Website or after you have been notified of a Variation you will be deemed to agree to the varied terms and conditions.
Termination
The NZAA may immediately terminate this agreement without liability if it reasonably believes you are in breach of these terms and conditions or wishes to withdraw the Website or any part of it.
Law
These terms and conditions and your use of the Website will be governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand Courts.
