Scope of these Terms
These Terms cover the site www.fiordland.org.nz.
Additional terms apply to operator listings on the fiordland.org.nz operator and event database (available here).
Changes to these Terms
We may change these Terms from time to time by publishing the changed terms on this Website. You should review these Terms periodically to be aware of such changes. Your continuing access or use of this Website following such publication shall be deemed your acceptance of the revised terms. We reserve the right to add to, modify, or remove this Website or any information, feature, specification, or other part of this Website (at any time and without notice to you).
Your username and password
These terms apply where you have registered for an account. Your account registration details (including your username and password) are personal to you. You must always maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this Website by any person using your username and password and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your username or password. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
Links to third party sites
The Website may contain links to other websites. Any website you access from this Website (other than Destination Fiordland) is independent from Destination Fiordland. Destination Fiordland has no control over the content on that website and does not make any representations about, nor endorses nor accepts any responsibly for the contents, or the use, of any other website.
Your use of this Website
You agree not to use this Website for any purpose that is unlawful or prohibited by these Terms or to engage in any conduct that is likely to cause damage to the operation of, disable, overburden, or impair this Website or interfere with any other party's use and enjoyment of this Website, whether by way of a virus, corrupted file, through use of any software or program, or otherwise.
Furthermore you agree not to alter, modify, reproduce, communicate to the public or otherwise deal with the content, software, text, graphics, layout or design of this Website except in accordance with these terms.
Use of Communication Services
The Website may contain bulletin board services; chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, bully, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service from time to time and to remove any such materials at our absolute discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
We do not control or endorse the content, messages or information found in any Communication Service. We disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Destination Fiordland spokespersons, and their views do not necessarily reflect those of Destination Fiordland.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Content you provide to the Website
This Website enables you and other users to post, upload, input or submit content (“User Content”) that will be made available through the Website for the purpose of promoting Southland and promoting events in Southland.
We do not assert ownership of your User Content. However, by creating, modifying, transmitting, posting, uploading, inputting, providing or submitting any User Content you:
- grant Destination Fiordland a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable licence to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat, communicate to the public, and make the User Content available (by all means and in any media now known or hereafter developed) to other users of this Website and other users of our services in such manner as we may permit from time to time; and
- you acknowledge and agree that no compensation royalties or other remuneration will be paid or payable to you for your User Content, or for the granting of the rights described above.
We have no obligation to make this Website or any User Content you may provide available. We may at any time edit, refuse to display, or remove any part of this Website (including your User Content) as we deem appropriate.
User Content may be identified by users of the Website as being inappropriate. In such event we may on a case by case basis review and decide to remove any of your User Content at any time in our absolute discretion.
You must ensure that you have all necessary rights (including appropriate licences) to submit or supply the User Content to the Website.
You are solely responsible for the User Content that you make available through the Website. You represent and warrant that any User Content you make available: does not infringe any copyright, privacy right, or any other right of any third party; and does not contain any matter that is defamatory, offensive, unlawful or that may damage the reputation of Destination Fiordland or the Fiordland tourism industry.
You shall fully indemnify and hold harmless Destination Fiordland against all claims, proceedings, actions, liabilities, damages, costs, expenses and losses (including legal fees on a solicitor/own client basis) suffered or incurred by either or both Destination Fiordland as a result of any claim or alleged claim that the possession or use by Destination Fiordland of any User Content that you make available infringes any third party’s rights.
Feedback and unsolicited submissions
If you give us feedback about this Website or our products or services, you grant us the right to use that feedback for the purpose of improving our Website or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas, they will be treated as “User Content” in accordance with these Terms; and they will be deemed to be non-confidential; and we will not be required to provide any acknowledgement of their source.
We do not give any warranty or other assurance as to the suitability, reliability, availability, timeliness, completeness, fitness or accuracy of the content of material appearing on the Website for any particular purpose.
To the maximum extent permitted by law, we provide this Website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose).
To the maximum extent permitted by law, neither Destination Fiordland or its suppliers will, under any circumstances, be liable for any direct, indirect, exemplary, incidental, special, or consequential damages, including, without limitation, damages for loss of use, data, savings or profits, arising out of or in any way connected with:
- the use or performance of Website,
- the delay or inability to use the Website or associated services,
- the provision of or failure to provide associated services,
- unauthorised access to, loss or alteration of, your User Content; or
- the reliance on any content obtained through the Website,
whether in contract, tort (including negligence) equity, breach of statutory duty or otherwise, even we were advised of the possibility of loss or damages.
If you are dissatisfied with any portion of the Fiordland Website, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Website.
If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to those services.
We reserve the right, at our absolute discretion, to terminate your access to the Website and any associated services or any portion thereof at any time, without notice.
Relationship of the parties: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Destination Fiordland as a result of these Terms or your use of the Website.
Severability: If any term or provision of these Terms is held to be illegal, invalid or unenforceable it will be severed from these Terms without affecting the legality, validity or enforceability of the remaining provisions.
Entire agreement: Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to the Website and supersedes all previous agreements, arrangements, understandings or representations relating to the Website.
The materials displayed on this Website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other property rights that may subsist in this Website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together, ‘our intellectual property’).
You may not in any form or by any means: use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate or otherwise deal in any way with our intellectual property; or commercialise any information, products or services obtained from any part of this Website except with our prior written permission.
You may from time to time request our consent to use certain material or other content that appears on this Website. If we grant such consent it shall be subject to the following conditions:
- The copyright notice below must appear on all copies of such material or content;
- "Copyright © 2017 Destination Fiordland (or its licensors), 116 Town Centre, Te Anau, New Zealand. All rights reserved."
- The words "copyright Destination Fiordland " must appear on all copies of such material or content; and
- The materials or content must not be altered, modified or added to in any way.
Images on this Website may be used or reproduced only with our express consent in each instance. You can request consent by applying to us by emailing email@example.com
The trade marks appearing on this Website belong to us, our suppliers or our licensors. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without, in the case our trade marks, our prior written permission or, in the case of third party trade marks, the written permission of the owner the relevant trade mark.
Your use of this Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this Website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should this Website or the services supplied through this Website become unavailable, interrupted or delayed for any reason.
Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this Website, we do not guarantee or warrant that this Website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this Website does not expose your computer system to the risk of interference or damage from malicious code.
Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this Website or any outbound hyperlink.
These Terms are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms.
SERVICE CONTACT: firstname.lastname@example.org