These Terms of Use ("Terms") govern your use of our website located at www.nzbar.org.nz ("Site") and form a binding contractual agreement between you, the user of the Site and us, the New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture (“NZBA”)
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact the NZBA Executive Director by using the contact form at https://www.nzbar.org.nz/contact-nzba or phoning +64 9 303 4515.
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
| 1. | Licence to use Site | ||
| 1.1 | We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement. | ||
| 1.2 | You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use. | ||
| 1.3 | You must not add any content to the Site: | ||
| 1.3.1 | unless you hold all necessary rights, licences and consents to do so; | ||
| 1.3.2 | that would cause you or us to breach any law, regulation, rule, code or other legal obligation; | ||
| 1.3.3 | that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; | ||
| 1.3.4 | that would bring us, or the Site, into disrepute; or | ||
| 1.3.5 | that infringes the intellectual property or other rights of any person. | ||
| 1.4 | The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. | ||
| 1.5 | You acknowledge and agree that: | ||
| 1.5.1 | we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and | ||
| 1.5.2 | the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). | ||
| 2. | Intellectual Property Rights | ||
| 2.1 | Apart from any other uses permitted under the Copyright Act 1994, all other rights (including in all trade marks, including those belonging to third parties, displayed on the Site) are reserved. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site. | ||
| 2.2 | By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. | ||
| 2.3 | You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner. | ||
| 2.4 | The licence in clause 2.2 will survive any termination of these Terms. | ||
| 2.5 | You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3. | ||
| 3. | Warranties | ||
| 3.1 | You represent and warrant to us that: | ||
| 3.1.1 | you have the legal capacity to enter these Terms; and | ||
| 3.1.2 | you have complied with clause 1.3. | ||
| 3.2 | The use of information on the Site or accessible from the Site (“the Information”) is at your own risk, we provide no warranty that the information is accurate, up-to-date or complete. The Information does not constitute legal advice in any circumstances. You are responsible for independently verifying all information if you intend to rely upon or use it in any way. This includes information provided to us by third parties (including but not limited to NZBA members, sponsors and advertisers). We advise that we may not have reviewed all third-party provided Information. | ||
| 4. | Liability | ||
| 4.1 | To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages. | ||
| 4.2 | To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. | ||
| 4.3 | These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: | ||
| 4.3.1 | in the case of goods: | ||
| (a) | the replacement of the goods or the supply of equivalent goods | ||
| (b) | the repair of the goods; | ||
| (c) | the payment of the cost of replacing the goods or of acquiring equivalent goods; or | ||
| (d) | the payment of having the goods repaired; | ||
| (e) | refund of the payment for the goods. | ||
| 4.3.2 | in the case of services: | ||
| (a) | the supply of the services again; or | ||
| (b) | the re-supply of the services in a different manner; | ||
| (c) | the payment of the cost of having the services supplied again; or | ||
| (d) | refund of the payment for the services. | ||
| 5. | Fees and Charges | ||
| 5.1 | You may need to pay fees and charges to purchase products or tickets, or to use a product or service. These fees and charges will be shown on our website or we will otherwise notify them to you. You agree to pay all such fees and/or charges to us (without any deduction) before purchase, unless we have stated otherwise. | ||
| 5.2 | Unless otherwise stated, all fees and/or charges are GST exclusive. You agree to pay the GST to us at the same time payment is due. | ||
| 5.3 | If you fail to pay by the due date, we will be entitled to apply interest at the rate of 15% p.a. calculated daily, and recover from you all of our reasonable recovery costs. | ||
| 5.4 | Payment for tickets, products or services must be made in the manner noted on our website for that ticket, product or service. If you use a credit card for payment, a merchant service fee of 2.5% will be added to the total amount payable. | ||
| 6. | Termination | ||
| 6.1 | These Terms terminate automatically if, for any reason, we cease to operate the Site. | ||
| 6.2 | We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way. | ||
| 7. | General | ||
| 7.1 | You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms. | ||
| 7.2 | If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provision. | ||
| 7.3 | Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it. | ||
| 7.4 | This Agreement is governed by the laws of New Zealand and each party submits to the jurisdiction of the courts of New Zealand. | ||
