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Terms of Service

Terms and Conditions

The following terms and conditions (“Terms and Conditions”) apply to your use of all Te Rūnanga o Ngāi Tahu (“Te Rūnanga”) Web Applications (“Apps”), including any content, functionality and services offered by Te Rūnanga.

Please read the Terms and Conditions carefully before you start using Te Rūnanga Apps. By using the Apps you accept and agree to be bound by and abide these Terms and Conditions.

These Terms and Conditions are effective as of May 16, 2018. Te Rūnanga reserves the right to change these Terms and Conditions from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms and Conditions from time to time and to familiarise yourself with any changes. Your continued use of the Apps after any changes will constitute acknowledgement of the changed Terms and Conditions and agreement to be bound by and abide the changed Terms and Conditions.

Conduct on Te Rūnanga o Ngāi Tahu Web Applications

Your use of the Te Rūnanga Apps is subject to all applicable laws and regulations, and you are solely responsible for your communications through the Apps.

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Apps , you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Te Rūnanga’s rules or policies
  • Victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
  • Constitutes unauthorised or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling
  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party
  • Impersonates any person or entity, including any of Te Rūnanga’s employees or representatives

Te Rūnanga neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the Apps. Te Rūnanga does not generally pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Apps.

Te Rūnanga retains the right at its sole discretion to remove any content that does not comply with these Terms and Conditions and any other rules of user conduct for the Web Apps, or is otherwise harmful, objectionable, or inaccurate. Te Rūnanga is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against Te Rūnanga arising out of such removal of content.

You agree that if you violate these Terms and Conditions Te Rūnanga may at any time, and in its sole discretion, terminate your membership, account, or other affiliation with any Te Rūnanga website without notice to you.

In addition, you acknowledge that Te Rūnanga will cooperate with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property

By accepting these Terms and Conditions (through use of the Apps or otherwise), you acknowledge and agree that all content presented to you on the Apps is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Te Rūnanga o Ngāi Tahu (or a related entity).

You are only permitted to use the content as expressly authorised by Te Rūnanga or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Apps in any form or by any means without prior written permission from Te Rūnanga or the specific content provider, and you are solely responsible for obtaining permission before reusing any material that is available via the Apps.

Third Party Websites

The Apps may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.

These other websites and parties are not under Te Rūnanga’s control, and you acknowledge that Te Rūnanga is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is it responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by Te Rūnanga, or any warranty of any kind, either express or implied.

Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of the Apps is at your sole risk. The Apps are provided “as is” and “as available”. Te Rūnanga disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

Te Rūnanga is not liable for damages, direct or consequential, resulting from your use of the Apps, and you agree to defend, indemnify and hold Te Rūnanga harmless from any claims, losses, liability costs and expenses (including but not limited to solicitor’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Apps. As the Apps may not be error or bug free, you agree that you will use them carefully and avoid using them in ways which might result in any loss of your or any third party’s property or information.

Term and termination

These Terms and Conditions will become effective in relation to you when you utilise the Apps and will remain effective until terminated by Te Rūnanga.

Assignment

Te Rūnanga 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.

Governing Law

These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Apps shall be instituted exclusively in the courts of New Zealand.