Website Terms and Conditions of Use, 1 May 2015
Acceptance of our Terms and Conditions of Use
By accessing or using this website (Website), you agree to be bound by these Terms and Conditions of Use. If you do not agree you must not use this Website. This Website is owned and operated by itsadate.co.nz Pty Ltd.
Changes to the Website
We reserve the right to change the Website or the Website Terms and Conditions of Use at any time by publishing the Website Terms and Conditions of Use on the Website. You are responsible for checking the Website for any changes to the Website Terms and Conditions of Use.
External links on our site
Our Website may contain links to other websites that are not associated with or controlled by us. We do not warrant the accuracy of information on the Website that is prepared or provided by a third party and you acknowledge that you should make your own enquiries of any third party in respect of that information.
As a Website user
As a user of our Website you acknowledge that:
• The Website may be subject to technical limitations
• The Website is provided on an “as is” and “as available” basis and we make no warranties or guarantees in respect of uptime for the Site or that it will be continuous, accessible at all times or fault-free
• We reserve the right to modify, suspend or discontinue any part of the Website with or without notice at any time and without any liability to you
• To the fullest extent permissible by law, we exclude any liability for any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation of the Website
• To the fullest extent permissible by law, we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in anyway connected with the provision of or failure to provide the Website or otherwise arising out of the Website
• We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access or use of our Website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity
• We endeavour to keep the information on our Website current, however this may not always be possible. You acknowledge that the materials on our Website have been prepared for general information purposes only and should not be construed as the giving of specific advice for your particular circumstances or a recommendation. We make no warranties, guarantees, representations, or promises regarding the accuracy, completeness, reliability, or suitability of the information contained, or products or services offered in the reviewed venues or service providers. You agree that your access and use is at your sole discretion and risk; and
• We reserve the right, in our absolute discretion, to delete, alter or move any message or other posted material on the Website.
As a user of our Website you undertake that you:
• Must only use the Website in accordance with our Website Terms and Conditions of Use
• Must not make any unauthorised modifications to our Website, or attempt to access our systems unlawfully
• Must not knowingly transmit a virus or other disabling feature
• Must not contribute defamatory or offensive content
• Must not, and must not authorise or encourage any third party, to use the Website for any illegal, fraudulent or inappropriate purpose, including that which in infringes on the intellectual or other proprietary interests of third parties
• Must not forge information to disguise the origin of any content
• Must not use any software, process, automated device or means to interfere or attempt to interfere with the proper workings on our site
• Must not use any content on, or index our Website for purposes of constructing or populating a searchable database of venues, events, activities or services or competing with us in any manner
• Must not transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not
• You may be exposed to content you find offensive, indecent or objectionable and that in this respect you use the Website including using and obtaining any information at your own risk.
You agree to indemnify, keep indemnified, defend, and hold harmless us and our officers, employees, successors, assignees, licensees, directors, contractors, vendors, business partners, owners, professional advisors, agents, related bodies corporate and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon your use of the Website and any breach of any warranty or other term of this Terms and Conditions of Use.
No Warranty as to Accuracy or Reliability
itsadate.co.nz endeavours to ensure that all information on the Website is accurate. However itsadate.co.nz makes no warranty as to the accuracy or reliability of the information contained on the Website (including, but not limited to, any content presented on the Website by or on behalf of itsadate.co.nz, by Venues service providers or any content posted by other parties (‘Third Party Content’)). itsadate.co.nz, directors, officers and agents disclaim all liability and responsibility (to the extent permitted by law) for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from the Website.
Content and Intellectual Property
You agree that all material, information and data (such as data files, written text, computer software, audio files, photographs, or other images) accessed or used by, or provided to, you through the Website (the Content) comprises the intellectual property of itsadate.co.nz or any relevant third parties from whom itsadate.co.nz may license that Content.
You must not use the Content in any manner or for any purpose that is unlawful or in any manner which violates any right of itsadate.co.nz. You must not edit or otherwise modify, copy or otherwise reproduce, transmit or otherwise distribute any of the Content except for a purpose which would reasonably have been intended by itsadate.co.nz.
All intellectual property in the Website is owned or licensed by itsadate.co.nz unless otherwise stated.
You shall not use the Website’s logo or other graphic as the link or part of the link without explicit consent from us.
Nothing on the Website should be construed as granting any licence or right to use any of the marks, registered or unregistered (Marks), displayed on the Website without the express written permission of hitsadate.co.nz. Any unauthorised uses of the Marks are prohibited.
Any date ideas submitted to itsadate.co.nz will become the intellectual property of itsadate.co.nz and the user will relinquish all ownership to copyright. Date ideas submitted are subject to change by the itsadate.co.nz team.
Use of Information
If you upload or provide any information or content while accessing or using the Website, all content will be available to itsadate.co.nz to use how it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation.
You agree to grant itsadate.co.nz a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in itsadate.co.nz’s favour.