Please read these Terms and Conditions carefully before using this website “www.tauharano2.co.nz” (“the Site”) owned by Tauhara North No2 Trust (TN2T).
1.1. The following Terms and Conditions apply to your access to and use of the Site, including any content functionality and services offered by TN2T.
1.2. By accessing and using this Site, you certify that you have read and reviewed the Terms and Conditions and that you agree to comply with and be bound by them.
1.3. If you do not wish to be bound by these Terms and Conditions, we advised to leave the website accordingly.
1.4. TN2T only grants use and access of this website and its services to those who have accepted its terms.
2.1 These Terms and Conditions are effective as of 18.08.2021. TN2T reserves the right to revise the Terms and Conditions from time to time without notice at which time the revised version will be published on the Site with the date of the latest update.
2.2 You acknowledge and agree that it is your responsibility to review the Terms and Conditions and to familiarise yourself with any changes. Your continued use of the Site will constitute acknowledgement of the changed Terms and Conditions and agreement to be bound by and abide the changed Terms and Conditions.
2.3 These Terms and Conditions represent an understanding between TN2T and the user, and this agreement supersedes and replaces all prior agreements regarding the use of the Site.
TN2T advise you to read our Privacy Statement regarding our user data collection before you continue using this Site, as it will help you better understand our practices and processes with respect to the use, collection, storage and disposal of personal information (as that term is defined in the Privacy Act 2020).
4.1 By accepting these Terms and Conditions, you acknowledge and agree that all materials, products and services provided on this Site are the property of TN2T, its affiliates, directors, officers, employees, agents, suppliers or licensors including all copyrights, trade secrets, trademarks, service marks or other proprietary rights and laws.
4.2 You also agree that you will not reproduce or redistribute TN2T’s intellectual property in any way, including electronic, digital or trademark registrations.
4.3 You grant TN2T a royalty-free and non-exclusive license to display, use, copy, transmit and broadcast the content you upload and publish on the Site.
4.4 You are only permitted to use the content as expressly authorised by TN2T or other specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Site in any form or by any means without prior written permission from TN2T or the specific content provider, and you are solely responsible for obtaining permission before reusing any material that is available via the Apps. Otherwise, if any issues arise regarding intellectual property, you must contact TN2T in order to come to an agreement.
4.5 For any issues regarding intellectual property claims, you must contact TN2T in order to come to an agreement.
5.1 As a user of the Site, you may be asked to register and provide personal information (as that term is defined in the Privacy Act 2020).
5.2 Our privacy statement will apply with respect to any personal information that you provide though the use of this Site.
5.3 You are also responsible for all activities that occur under your account or password.
5.4 If you think there are any possible issues regarding the security of your account on the Site, you will inform TN2T immediately so that such issues can be addressed accordingly.
5.5 TN2T reserve all rights to terminate accounts, remove content and cancel submissions at our sole discretion.
By visiting this Site, you agree that the laws of New Zealand, will govern these terms and conditions, or any dispute of any sort that might come between TN2T and you, or its business partners and associates.
7.1 You agree to indemnify, hold harmless and defend TN2T and its affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable legal fees) asserted by any third party due to or arising from or in connection with your use or conduct on this Site, or from any content or messages posted or transmitted by you on or through this Site.
7.2 TN2T reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which will not excuse your indemnity obligations.
If you provide, contribute or feature in any content or other materials on this Site (User Content), you agree that TN2T, and anyone authorised by TN2T, can use that User Content in any manner free of any obligation to you. This includes granting TN2T the right to copy, distribute, modify, licence and exploit any User Content in perpetuity by any means and media now known or developed in the future, without payment or other consideration to you or any other person, including use in advertising and promotion. By posting or uploading any User Content to this Site or providing any User Content to TN2T, you automatically and irrevocably:
a). grant and assign to TN2T any and all rights in the User Content throughout the world including without limitation all copyright, and waive all moral rights in the User Content that may be available to you in any part of the world. If any of these rights cannot be assigned to TN2T, you grant TN2T a perpetual royalty-free worldwide licence to any and all rights in the User Content, including without limitation, all copyright, with the right to sublicence;
c). warrant that:
i. you are the owner of the User Content;
ii. you have obtained all necessary permissions and licences for any third-party materials necessary for TN2T to exploit the rights granted to TN2T in the User Content; and
iii. no User Content will be subject to any obligation, of confidence or otherwise, to you or any other person.
9.1 You may access, view, reproduce and print the content on this Site, provided you only use that content for informational, non-commercial purposes, and any reproduction includes a prominent acknowledgement of our rights in the relevant content.
9.2 TN2T reserve the right to prohibit links to the Site, and you agree to remove or cease any link upon our request. You may not frame any part of the Site material by including advertising or other revenue-generating material.
10.1 You may need to agree to additional terms and conditions for any promotions, competitions, services or features, which may be available to you from time to time through this Site, prior to being able to obtain or participate in such promotions, competitions, services or features.
10.2 Any such additional terms and conditions must be read in conjunction with these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions for this Site and any promotion, competition, services or features terms and conditions, the relevant promotion, competition, services or features terms and conditions will prevail.
11.1 The information provided on the Site is for general information only and has not been prepared to take into account the particular objectives, situation or needs of any individual users. Use of information and material contained on the Site is at your own risk.
11.2 To the extent permitted by law:
a). all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site or the content on or accessed through it;
b). TN2T will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it, including any transaction processing or payment services made available on, or through, the Site; and
c). TN2T do not represent, endorse, or warrant that you will have uninterrupted or error-free access to, and use of, the Site, or that the Site, any services provided on it, and any files available for downloading will be error-free or free from viruses, faults or defects.
11.3 If the Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this Site or its content for business purposes, the above exclusions and limits will apply and the Consumer Guarantees Act 1993 will not apply.
12.1 This Site may contain links to third party websites or refer to third party services. These websites or third party services have not been prepared by TN2T and are not managed by TN2T. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites or third party services that this Site links or refers to.
12.2 The content of the Site may include information or commentary provided by users or other third parties. TN2T are not responsible for the content provided by users or third parties. TN2T are under no obligation to monitor or remove any third party content or user comments.
12.3 The Site may also contain third-party advertisements. Advertisements are not recommendations or endorsements by TN2T. You should refer to the relevant advertiser for information on its products and/or services.
For avoidance of doubt, these Terms and Conditions will become effective in relation to you when you use the Site and will remain effective until terminated by TN2T.
TN2T may assign these Terms and Conditions or any part of them without restrictions. You may not assign these Terms and Conditions or any part of them to any third party.
If you have any questions or concerns in relation to the Site or these Terms and Conditions, please make contact in written form to the: