Terms of use

Introduction  

www.centreport.co.nz (‘this website’) is owned and operated by CentrePort Limited (‘CentrePort’, ‘we’, ‘us’, ‘our’). These terms of use constitute an agreement between you, the website user, (‘you’, ‘your’) and us. You must not access or use this website unless you accept all of these terms of use. By accessing and using this website you are agreeing that you have read, understood and accepted these terms of use, and that you agree to be bound by them.

Your privacy

Where we collect personal information about you as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these terms of use must be read together with our Privacy Policy.

Changes

We reserve the right to add to, modify, suspend, or remove this website or any information, feature, specification, or other part of this website (at any time and without notice to you). We reserve the right to change these terms of use from time to time by publishing the changed terms on this website. You should review these terms of use periodically to be aware of such changes. By continuing to access or use of this website following such publication you accept the revised terms of use.

Your account

In order to access certain information and features offered on this website, you must create an account. To create your account, you must complete your account details in the manner described on this website (including selecting a username and password which we will use to verify your identity when you use this website). You must ensure that your account details are complete and accurate when submitted to us, certify that the information that you have given is true and correct, and you must keep your account details up-to-date. We may at our discretion (at any time and without notice to you) suspend or terminate your account, or your ability to use all or part of this website or any of the functions available through this website.

Your username and password

Your login credentials (being 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 by email to webmaster@centreport.co.nz  of any unauthorised use of your account or any other breach of security.

Subscription and fees

We reserve the right at any time to charge fees for access to any material or content appearing on this website. In such event, we will place on this website a notice that appears when you visit this website and will sets out the relevant details. We will provide you with the opportunity to either restrict your access to material for which no fees are payable or to terminate your account if you do not wish to continue using this website or certain components of this website.

Your use of this website

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through use of any other software or program. Furthermore you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website without our prior written approval from.

User content

This website may from time to time enable you to submit information and other user-supplied content (‘user content’). By creating, modifying, transmitting, uploading, or submitting any user content, you:

a. grant us a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, licence to publicly display and make your 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

b. acknowledge and agree that no 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 you to make this website or any user content 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.

Trade marks

The name and logo of CentrePort and any other trade marks appearing on this website belong to us or our licensors or affiliates. You are not permitted to use or reproduce or allow anyone to use or reproduce those trade marks for any reason without our prior written permission.

Intellectual property

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 intellectual property rights that may subsist in this website including text, illustrations, artwork, photographs, video, music, sounds, layout, designs, software, source code, belong to us or to our licensors (together, ‘our intellectual property’). Further, the software which operates this website is proprietary software and you are not permitted to use such software except as expressly provided under these terms of use. Any other use of such software or purported licensing, modification, enhancement or interference of such software is strictly prohibited.

Except in accordance with section 10 below or with our prior written permission, you may not in any form or by any means:

a. use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or create in any way any works contained in any part of this website; or

b. commercialise any information, products or services obtained from any part of this website.

Limited permission to use materials

Subject to the restrictions set out in section 12 below you are permitted to download and print extracts of material or content from this website in the following situations only:

a. for your personal use; or

b. for criticism, review or news reporting of current events, provided that an acknowledgement of source of such materials is provided in each case;

c. for research or private study; or

d. where insubstantial portions of such material or content is quoted in another document provided that an acknowledgement of the source of such materials is provided in each case.

You must not remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use which we may post on this website.

Restrictions on copyright clearance

The permissions given in section 11 above are subject to the following conditions unless you obtain our express prior written permission in each particular case:

a. no more than one copy of such material may be made at any one time;

b. no part of the website or any material or content appearing on this website may be reproduced or stored in or transmitted to any other website; and

c. no material or content appearing on this website may be redistributed, disseminated or broadcast in any form, either electronic or non-electronic, nor included in any retrieval system or service.

Any request for copyright clearance must be sent by email to ‘CentrePort Webmaster’ at: webmaster@centreport.co.nz.

Feedback and unsolicited submissions

If you give us feedback about this website or our products or services, we may 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:

a. they will be treated as if they were ‘user content’ in accordance with these terms of use; and

b. they will be deemed to be non-confidential; and

c. we will not be required to provide any acknowledgement of their source.

Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our privacy policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Disclaimers

While we endeavour to ensure the accuracy of information available through this website and that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, operation, quality, functionality, completeness, timeliness or suitability 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.

You acknowledge that if you rely on this website or any materials available through this website, you do so solely at your own risk.

The views expressed in any third party material published on this website are not necessarily the views of CentrePort and we expressly disclaim all responsibility for the content of any third party material published on this website.

If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services.

Limitation of liability

To the full extent permissible at law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of, or inability to use, this website or any material appearing on this website, or from any action or decision taken as a result of using this website Extranet or any such material.

In no case shall our aggregate liability for any claim arising in relation to this website (including, without limitation, any content or accessibility problems with the website) exceed the amount of the subscription fees, if any, paid by you in the 12 month period preceding the event or events that give rise to such claim.

Availability

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. Your use of this website and any associated services may be subject to interruption, restriction, or delay. We will not be liable to you should this website or the services supplied through this website become unavailable, interrupted, restricted, or delayed for any reason.

Third party websites

This website may provide links to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

Malicious code

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.

Security

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.

Notices

You may serve a notice on CentrePort for the purposes of this agreement by sending it by e-mail to webmaster@centreport.co.nz  or by post to The Webmaster, CentrePort Limited, P O Box 794, Wellington, New Zealand. We may serve a notice on you by sending it to your e-mail address or postal address provided by you when you created your account, as updated from time to time. Notices will be deemed to have been served twenty four hours after transmission by e-mail or 3 days after dispatch by post. You are responsible for notifying us of any change to your e-mail or postal address.

Governing law

These terms of use 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 of use.

These terms of use were last updated on 6 May 2010.