The terms and conditions set out below ("Terms and
Conditions") govern your use of the ALLIED PRESS
Websites. By using the ALLIED PRESS Websites, you must accept
and abide by the Terms and Conditions. If you do not accept
the Terms and Conditions, you are not permitted to use the
ALLIED PRESS Websites and you must refrain from using it.
If you have any complaints or questions regarding the ALLIED
PRESS Websites or the Terms and Conditions then you can
contact the Allied Press here.
If you are an advertiser on the ALLIED PRESS Websites, these
Terms and Conditions apply to you in addition to the ALLIED
PRESS Advertising Terms and Conditions. A copy of the ALLIED
PRESS Advertising Terms and Conditions are available here. To
the extent of any inconsistency, these Terms and Conditions
prevail in relation to your use of the ALLIED PRESS Websites.
ALLIED PRESS reserves the right to make changes to these
Terms and Conditions which will be effective once they are
published on this site. You should revisit this area of the
ALLIED PRESS Websites regularly to check the Terms and
Conditions.
Use of the ALLIED PRESS Websites by you
You agree to only use the ALLIED PRESS Websites for purposes
permitted by the Terms and Conditions. You are responsible
for all equipment and software used to access the ALLIED
PRESS Websites.
You must not:
- use the ALLIED PRESS Websites directly or indirectly for
any activity which breaches any laws, infringes a third
party's rights, is unlawful, or breaches the Terms and
Conditions;
- use the ALLIED PRESS Websites directly or indirectly to
post or transmit any Material unlawfully, or which is
obscene, indecent, uses offensive language, defames, abuses,
harasses, stalks, threatens, menaces, offends or restricts
any person, or which prevents any other user from using or
enjoying the ALLIED PRESS Websites or which is false,
misleading or deceptive in any way;
- submit for posting or otherwise distribute any Material in
any way which violates, plagiarises or infringes upon the
rights of any third party, including but not limited to any
copyright or trademark law, privacy or other personal or
proprietary or moral rights;
- use the ALLIED PRESS Websites directly or indirectly, or
use any service provided on the ALLIED PRESS Websites, to
conduct surveys, contests, pyramid schemes, or send chain
letters, junk email, spam or any other duplicative or
unsolicited messages (commercial or otherwise);
- attempt to gain unauthorised access to the ALLIED PRESS
Websites or use another person's name, registration account
or password;
- impersonate any person or entity or create a false identity
for the purpose of misleading others as to the identity of
the sender or the origin of a message you post on the ALLIED
PRESS Websites or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- knowingly provide registration information that is not
truthful;
- tamper with, hinder the operation of or make unauthorised
modifications to the ALLIED PRESS Websites;
- knowingly transmit any virus or other disabling feature to
the ALLIED PRESS Websites;
- collect information about others, including email
addresses, without their consent; or
- engage in any other conduct that we may advise that we
consider (in our absolute discretion) breaches these Terms
and Conditions or is otherwise inappropriate for the ALLIED
PRESS Websites.
Charges
ALLIED PRESS reserves the right at any time to charge a fee
for access to portions of the ALLIED PRESS Websites, however
in no event will you be charged for such access unless we
obtain your prior agreement to pay.
All charges for access to the ALLIED PRESS Websites are GST
inclusive.
Where a purchase option provides access to the ALLIED PRESS
Websites (or any part of it) for a period greater than 24
hours, it is deemed to be a subscription and unless directed
otherwise by the purchaser, at the time of purchase, that
subscription will be automatically renewed at the expiry of
the subscription period.
Refunds will be given at the discretion of ALLIED PRESS
Management.
Disclaimer and Limitation of liability
To the extent permitted by law, ALLIED PRESS and its
information contributors and associated service providers
exclude all warranties, including without limitation, as to
the availability, accuracy, completeness, currency or
reliability of the Material, products or services, including
products or services of any third party, that are made
available via the ALLIED PRESS Websites.
ALLIED PRESS does not investigate or endorse any person,
company or organisation that uses, advertises, posts on or
provides Material to the ALLIED PRESS Websites or any events,
information, products or services ("Products") offered for
sale or otherwise identified or provided by them. The
availability of Material through the ALLIED PRESS Websites
does not constitute advice about the appropriateness, value
or suitability of any Material or Product, any particular
transaction or course of action nor does it constitute any
recommendation or endorsement by ALLIED PRESS of any Product
or to you to enter into any transaction or follow any course
of action. Any decision that you make about any Material or
Products offered, identified or provided through the ALLIED
PRESS Websites or referred to or advertised on the ALLIED
PRESS Websites must be based solely on your own evaluation of
your circumstances and objectives and of the Material or
Product. ALLIED PRESS recommends that you independently
verify the accuracy, currency or reliability of any Material
made available via the ALLIED PRESS Websites and upon which
you intend to rely.
The ALLIED PRESS Websites and Material available on it are
provided on an "as is" basis. You understand that by using
this ALLIED PRESS Websites, you may be exposed to content
that is posted by third parties which you may find indecent
or objectionable.
ALLIED PRESS makes no warranty that the ALLIED PRESS Websites
will be free from viruses or any kind of malicious code
whatsoever. To the extent permitted by law, all implied
warranties, conditions and representations about or in
relation to:
- the ALLIED PRESS Websites;
- Material on the ALLIED PRESS Websites;
- the services or Products made available through the ALLIED
PRESS Websites;
- the availability of the ALLIED PRESS Websites; and
- your use of the ALLIED PRESS Websites,
are excluded.
To the extent permitted by law, we (and our officers,
employees, agents or related bodies corporate) exclude all
liabilities (including in contract, for negligence or
otherwise) for any loss, damage (whether direct or
consequential), costs or expenses suffered by you or claims
made against you in connection with, however caused:
- your use of the ALLIED PRESS Websites (and its
Material);
- any lack of availability, interruption, delay in operation,
virus, internet access difficulties, or equipment malfunction
in relation to the ALLIED PRESS Websites;
- any failure to provide the ALLIED PRESS Websites;
- any Products, goods or services supplied, offered or
advertised on the ALLIED PRESS Websites; or
- your purchase of any goods or services offered for sale on
the ALLIED PRESS Websites or your use or reliance on any
information provided on the ALLIED PRESS Websites.
Linked Sites
The ALLIED PRESS Websites may contain links to external
sites. Those sites are not part of the ALLIED PRESS Websites
and, unless otherwise indicated, are not under ALLIED PRESS's
control. No link appearing in the ALLIED PRESS Websites and
no external sites linked to the ALLIED PRESS Websites is
endorsed by ALLIED PRESS and no responsibility is taken for
material in them. You agree that by accessing any linked site
you are doing so at your own risk and you agree to fully
indemnify ALLIED PRESS against any liability arising out of
your accessing any linked site.
Accuracy of Registration Information
When registering on the ALLIED PRESS Websites, you must
ensure that all information you provide is correct and
up-to-date. If you change your details during the period of
your membership, you agree to ensure your details are
updated.
Username and Password
It is your responsibility to keep your login (email address)
and your password safe and secure. If there is any activity
undertaken with your login details then you are responsible.
Your account is for your sole, personal use. You may not
allow others to use your account and you may not assign or
otherwise transfer your account to any other person or
entity. If you think that your details may have been used by
someone else then you must notify Contact Support as soon as
possible. You must also change your password immediately. You
agree to indemnify ALLIED PRESS against any and all claims
arising out of your failure to maintain the confidentiality
of your username and password.
Website Payments
If any credit card payments are made on the ALLIED PRESS
Websites, those payments are processed by an independent
third party service provider. You consent to disclosure of
relevant information about you to that provider on a
confidential basis. If you wish to obtain further information
about the provider, then contact us in accordance with the
Privacy Statement. To the extent permitted by law, ALLIED
PRESS excludes all liability in relation to those payments
and the services provided by that third party.
Placement and Removal of Material on the ALLIED PRESS
Websites
We reserve the right (but have no obligation):
a. to decline to publish, or where already published, to
remove any Material that we consider in our absolute
discretion is inappropriate for the ALLIED PRESS Websites for
any reason;
b. to establish general practices and limits concerning the
uploading of Material to the ALLIED PRESS Websites or the
level and amount of your use of the ALLIED PRESS Websites and
that these practices and limits may be modified from time to
time;
c. to monitor use of the ALLIED PRESS Websites by you and
store and disclose any information we collect, including in
order to investigate you compliance with these Terms and
Conditions or for the purposes of any police investigation or
governmental request.
You agree that ALLIED PRESS has no responsibility or
liability for the deletion or failure to store any Material
submitted by you to the ALLIED PRESS Websites.
By providing Material to ALLIED PRESS for posting or
publishing on the ALLIED PRESS Websites, you:
a. authorise ALLIED PRESS to use any Material you provide to
us in good faith for the purposes of complying with any legal
process, responding to claims of third parties and to protect
the rights or property of ALLIED PRESS and its customers and
the public;
b. authorise ALLIED PRESS to edit, modify, amend or adapt or
otherwise change your Material;
c. grant ALLIED PRESS a world-wide, royalty-free,
non-exclusive licence to use and exploit all intellectual
property rights in your Material, in perpetuity, without
restriction and without making any payment to you and without
seeking any further approval from you, including publication
of that Material in hard copy publications or in electronic
media, using your Material in advertising or promotional
material and permitting others to do any of these, including
when others or ALLIED PRESS receive payment for doing this;
d. waive all moral rights in your Material and consent to
ALLIED PRESS doing anything which ALLIED PRESS (or anyone
permitted by ALLIED PRESS) may do in relation to your
Material which would otherwise be in breach of your moral
rights. This includes ALLIED PRESS using your Material
without attributing you as the source of your Material;
e. warrant that you are the sole author or owner of the
Material;
f. warrant that you have the right to grant the
abovementioned licence;
g. agree that we may use your name, likeness, publically
accessible biographical data in connection with our use of
such Material; and
h. agree to indemnify ALLIED PRESS and its officers,
employees and agents from any damage or loss made against or
suffered by any of those indemnified arising, in whole or in
part, as a result of the publication by ALLIED PRESS of your
Material.
You acknowledge that our use of your Material may include
licensing such Material to third parties and/or using such
Material for advertising purposes. In no event shall we be
required to seek your approval or provide you with any
compensation in connection with such uses. You acknowledge
that nothing contained within your Material would require us
to seek permission of a third party in order to use the
Material as described in these Terms of Use. Not all
submitted Material will be published. Publication is at the
discretion of ALLIED PRESS.
Intellectual Property
You acknowledge that copyright, trade marks and all other
intellectual property rights ("IP Rights") in the ALLIED
PRESS Websites and in the Material displayed or available
through the ALLIED PRESS Websites belongs to ALLIED PRESS or
its licensors.
You are provided access to the ALLIED PRESS Websites only for
your personal use. Subject to applicable laws:
- unauthorised use of the Material is strictly prohibited and
may infringe ALLIED PRESS's or its licensors IP Rights in the
Material; and
- no content may be reproduced, published or transmitted in
any manner without the prior written consent of ALLIED PRESS.
Without limiting the above, and subject to applicable law,
you may not without prior written permission from ALLIED
PRESS:
- archive the Material or any part of it;
- form a database whether electronically or otherwise by
systematically downloading or storing all or any of the
Material;
- redistribute or republish the Material; or
- link to the ALLIED PRESS Websites including (without
limitation) linking in any way which:
- frames the ALLIED PRESS Websites;
- replicates the ALLIED PRESS Websites; or
- misleads any person regarding any association with the
ALLIED PRESS Websites or any association with ALLIED PRESS
(whether implicitly or expressly).
The trade marks used on the ALLIED PRESS Websites are ALLIED
PRESS's trade marks or the trade marks of a third party.
Nothing on the ALLIED PRESS Websites should be construed as
granting any licence to use any trade mark without the
permission of the owner.
You must not use any of ALLIED PRESS's trade marks:
- as or as part of your trade marks;
- in connection with goods or services which are not the
goods or services of ALLIED PRESS;
- in a manner that may be confusing, misleading or deceptive;
or
- in a manner that disparages ALLIED PRESS, its information
or services or the ALLIED PRESS Websites.
Technical Difficulties
You acknowledge that your use of the ALLIED PRESS Websites
and associated services may be subject to interruption or
delay. Due to the nature of the Internet and mobile phone
communications, ALLIED PRESS and its service providers do not
make any warranty that the ALLIED PRESS Websites or services
will be error free, without interruption or delay or free
from defects in design or engineering.
The compatibility of this ALLIED PRESS Websites is not
guaranteed for all software or hardware of users.
Indemnity
To the maximum extent permitted by law, you specifically
agree to indemnify and hold ALLIED PRESS and its affiliates,
employees, agents, representatives and third party service
providers, harmless from any and all claims and liabilities
relating to your use of the ALLIED PRESS Websites or its use
by any person on your behalf. For the purposes of this
paragraph ALLIED PRESS Websites includes any linked sites.
Privacy
You acknowledge that you have read and understood the terms
of the Privacy Statement that are located here. You agree that ALLIED PRESS
may use and disclose information about you in accordance with
the terms of the Privacy Statement. You also agree to check
the Privacy Statement on a regular basis and to let ALLIED
PRESS know if you object to use or disclosure of information
about you in accordance with any updated statement.
If you make contact with a person through the ALLIED PRESS
Websites and that person requests that you do not contact
them again, you must comply with that request. You must not
disclose the contact details of any person that you obtain
through the ALLIED PRESS Websites without the prior consent
of that person.
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.
Termination
We reserve the right to suspend, limited, cancel or disable
your access or membership from the ALLIED PRESS Websites
without prior notice (i) if we reasonably believe that you or
someone authorised by you breaches any of the Terms and
Conditions, (ii) if considered necessary by ALLIED PRESS due
to technical or security issues, (iii) if there is a
prolonged period of inactivity on the ALLIED PRESS Websites
by you (iv) if ALLIED PRESS is requested to do so by a
government or law enforcement agency (v) or if it is
otherwise considered necessary by ALLIED PRESS at its sole
discretion. ALLIED PRESS is not required to provide any
reasons for a decision to suspend, limited, cancel or disable
your access or membership.
Upon termination of your membership you will be restricted
from accessing any member restricted area of the ALLIED PRESS
Websites, submitting any Material to the ALLIED PRESS
Websites and any Material submitted by you to the ALLIED
PRESS Websites or other information held by ALLIED PRESS in
relation to your use of the ALLIED PRESS Websites may be
deleted and is not returnable to you.
Benefit of Terms and Conditions
ALLIED PRESS Online (New Zealand) Limited holds the benefit
of all rights conferred on ALLIED PRESS or its officers,
employees or agents under these Terms and Conditions as
trustee for those persons and may enforce those rights on
their behalf in its capacity as trustee.
Law
These Terms and Conditions are governed by, and construed in
accordance with the law in force in New Zealand. The parties
submit to the exclusive jurisdiction of the New Zealand
courts for any proceedings in connection with these Terms and
Conditions.
Definitions
In these Terms and Conditions:
ALLIED PRESS Websites means all of the New Zealand websites,
mobile sites and Apps that we own and/or operate from time to
time, regardless of how those websites are accessed by users
(including via the Internet, mobile phone or any other
device).
Material means information, data, text, software,
illustrations, photos, audio, video, any combination of these
or other material.
Us, we, our or ALLIED PRESS means ALLIED PRESS Limited and/or
its related companies or joint ventures.
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