1 General terms
1.1 The following terms and conditions (Agreement) constitutes the entire agreement between blackbeech.co.nz (the Website) and any person accessing the Website (the Visitor) and between the Website and any business, organisation or individual listed on the Website (the Provider). For the purposes of this Agreement the Visitor and the Provider will jointly be called the User.
1.2 By accessing or using any part of the Website or associated products and services in any way, without limitation, the User is bound by these terms and conditions.
1.3 The Website reserves the right to update these terms and conditions without notice to the User. The User’s usage of any part of the Website will be subject to the most current version of these terms and conditions.
1.4 The Website aims to provide marketing services and information, tips, resources, news, reviews and comments relevant to Business Marketing (the Business Activity) in New Zealand (the Place of Business).
1.5 This Agreement is governed by the laws of Marborough, New Zealand.
1.6 If any clause of these terms and conditions is held to be legally invalid or unenforceable, the invalid or unenforceable wording shall be deemed to be omitted from this Agreement.
2 Use of the Website
2.1 In using the Website and its related content, the User should be aware of, agree to and act accordingly with respect to the following:
Not to disrupt or interfere with the security or otherwise cause harm to the Website, it’s servers or networks connected or accessible through, system resources, passwords, accounts of the Website or its partners, or do anything which would impose an unreasonable load on our infrastructure.
Not to post or otherwise transmit any harmful or destructive files
Not to create a false identity or attempt to use another Users account, password, system or service
Not to provide false, incorrect or misleading information to the Website with the intent to deceive or other mislead either the Website or other Users
Not to copy any content or information of any nature from the Website using a scraper, spider, robot or any other means whether automated or not, for any purpose whatsoever without the prior written consent of The Website.
Embed, frame or insert any portion of the Website into another website page or digital property without the prior written consent of the Website.
2.2 If there is any incorrect or misleading information on the Website please contact us and we will investigate and take action if appropriate.
2.3. While the Website may from time to time provide tips, recommendations and advice around the Business Activity, the Visitor should always assess their individual requirements on an ongoing basis and act accordingly. If in doubt the Visitor should contact a professional in that area to provide advice specific to their requirements.
3 Content Provided to the Website
3.1 By submitting any content, reviews or comments (Content), the Visitor gives the Website a world-wide, nonexclusive, royalty free, perpetual, transferable and irrevocable license to reproduce, communicate, change, duplicate, adapt, distribute, publish that Content and/ or create derivative works or otherwise use on the Website, related media and on any platform around the world, and in addition to use the name used in connection with the Content at our discretion. The Visitor agrees that all Content submitted to the Website is non-proprietary, not confidential.
3.2 The Provider agrees and understands that the Website does not edit or control Visitor submissions, including reviews and comments posted on the Website and as such the Website is not responsible or liable for the content of such messages, but reserves the right, nevertheless to remove these without notice or reason at the Websites sole discretion.
3.3 By using these areas of the Website and/or submitting content of any nature, the User agrees not to upload or attempt to upload, share, post, create or publish in any matter whatsoever the following:
Any content or information of any type or nature which is blatantly incorrect.
Any content or information of any type or nature, which is illegal, may promote illegal behaviour or intent, misleading, libellous, defamatory, racist, promotes hatred, promotes physical harm in any way, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy, abusive, inflammatory, fraudulent or otherwise objectionable
Any content or information of any type or nature which would constitute, encourage or promote instructions relating to any matters mentioned above
Any content or information of any type or nature which may violate the rights of any party, including patent and/ or trademarks, trade secrets, copyright or other intellectual property rights
Any private information of any third party, including without limitation surname or family name, home address, personal email address, private telephone numbers including mobile numbers, credit card numbers, car registration details or position within the organisation.
Content or information of any type or nature that attempts to impersonate or misrepresent an affiliation with a third party, including the Website
Unsolicited promotions, spam, advertising, political campaigning, competitions, links unrelated to the content and purely for the purposes of traffic.
Content containing commercial activities, including coupons, specials, advertising or any related activities without the prior written consent of the Website
Links to content what may violate the sub sections above
3.4 The Website takes no responsibility and accepts no liability whatsoever for any content or information of any type or nature, stored or uploaded by any User, or for any loss or damage as a result, including mistakes, libel, slander, defamation, obscenity, pornography, profanity, omissions or falsehoods contained in the Website or related properties as a result.
3.5 The Website is not liable for any content, statements or representations (the Content) made by any User anywhere on the Website. While the Website has no obligation to screen, edit or monitor any User Content of this nature, the User hereby consents to give the Website the right to remove, edit or screen without notice User Content of all forms and nature at any time and for any reason at their own discretion.
3.6 The User is solely responsible for any backup copies required of their Content and replacing any content they may have submitted at their sole cost and expense. The Website bears no responsibility or liability for the outcomes of altered or removed user submissions in general.
3.7 Should these terms and conditions not be adhered to with respect to submitted content, including reviews and comments of any type or nature, the Users rights of use of any part of the Website may be withdrawn, terminated, deleted or edited at the sole discretion of the Website. In addition, the Website reserves the right to share any and all User content and submissions with law enforcement agencies should they be required by law.
3.8 The User acknowledges that reviews published may not always be correct or reliable and as such should not be relied upon, other than as general information.
3.9 Where a Provider is a member or is affiliated with a relevant professional body, the Provider must ensure their submissions, listing details and any content of any nature complies with the rules and regulations of that specific body with respect to the Website and its business model. The Website may from time to time request proof of membership to include a Provider in a certain category, but at all times the onus is on the Provider to ensure all and any information and content of any nature provided is accurate and is compliant with the rules and regulations of the applicable professional body. Where Providers intentionally breach these rules, they shall be held liable for any penalties incurred by the Website as a result of such breach.
6 Copyright and Intellectual Property
6.1 Unless otherwise stated, the Website retains copyright in all material, content, information, tools, documents, processes and files provided on the Website. All the products and services of the Website as well as their selection and arrangement are protected by copyright and other intellectual property laws and as such, unauthorised use of these will violate such laws and the terms and conditions of usage.
6.2 The Website and its partners do not grant any express or implied rights to use the property of the Website for any purposes other than specified.
6.3 The User of the Website agrees not to copy, republish, frame, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any of the Website code, offers, listings, products, functionality, features, content or services.
7 Limitation of Liability
7.1 The Website is not responsible for any loss, damages, costs or expenses or any other claims in any way whatsoever which may occur as a result of a User using the Website or the Providers services, products or activities listed on the Website.
7.2 The Website makes no warranties around the quality or the appropriateness of the Providers or their associated services, products or activities and is thus not responsible for any loss, damages, costs or expenses or any other claims related to the associated services, products and activities undertaken.
7.3 The Website makes no warranties around the marketing of the Website and shall market the Website as it sees fit.
7.4 The User hereby indemnifies and holds harmless the Website and its officers, and employees from and against any liability, loss, damage, costs and expense and penalties incurred or suffered by any of them, resulting from a User accessing and using the Website.
9 Contacting the Website
9.1 Should you have any questions relating to these terms and conditions of use, please contact us using the required form and we will be happy to help.
C/o BlackBeech Ltd
PO Box 1195