Topic: Terms and Conditions

Topic type:

An agreement between the site and all registered users.

The information and facilities provided on this website (referred to here as the "Kete") are provided to you ("you/your") by [insert organisation name] and the Aotearoa Peoples Network ("we/our/us").


By registering, accessing or adding content, you accept, and are bound by, the following terms and conditions.

Password, Profile and Security

Upon registration, you will select a Login name, Password and User Name.

You are responsible for maintaining the confidentiality of your Password and Login and are responsible for all activities that occur under them.

You agree to notify us immediately of any unauthorised use of your Password and Login or any other breach of security of which you become aware.

If you think someone knows your Password or Login you must immediately

  • change your Password, and
  • contact us

You must keep your registration details current.

Your use of the Kete

You warrant that:

  • all information and details provided by you to us on registration are true, accurate and up to date in all respects and at all times.
  • all content that you contribute to the Kete is yours and you have all rights required to copy, publish and make available electronically; as well as the rights to grant the licences set out in these terms and conditions without any other user needing to obtain any further consents or permissions from or to pay any monies to any third person in respect of their use of such content.
  • all content that you contribute to the Kete, if not yours, is to the best of your knowledge, following due and proper enquiry, not subject to copyright
  • you will undertake to comply with the restrictions on your use of the Kete or any Shared Content or non-Shared Content as set out in the Terms and Conditions
  • you agree to compensate us and hold us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use of the Kete or any Shared Content or non-Shared Content including any breach or suspected breach of these Terms and Conditions or your violation of any law or the rights of a third party.

You agree that, in using the Kete, you will not:

  • email, transmit or otherwise disseminate any content (including, text, image, video or audio files) which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal
  • transmit on the Kete, personal data regarding another Registered User or other person including, without limitation, their email, address or other contact details that would enable another Registered User or other person to identify or contact them without their express consent;
  • use the Kete in any way that may lead to the encouragement, procurement or carrying out of any criminal activity including canvassing, prostitution or soliciting
  • use the Kete for any purpose other than for non-commercial use.
  • use the Kete to impersonate any person or entity (including, but not limited to, any of Our employees or representatives) nor falsely state or otherwise misrepresent your affiliation with a person or entity;
  • cause any part of the Kete to be interrupted, damaged or otherwise impaired;
  • nor use any Shared Content or Our Content other than as prescribed.

We reserve the right to suspend, restrict or terminate your access to the Kete at any time at our discretion where we believe that you may be in breach of these Terms of Use or where required to do so by law or regulatory body or our licensors.


You can cancel or terminate your registration at any time by contacting us.

Security and Privacy

You must read our Privacy Policy which contains information about the use of your personal data.

Shared Content - Use by You and Others

The Kete is about sharing content and therefore we have adopted Creative Commons Licence arrangements to govern how content indicated as "Shared Content" on the Kete may be used.

You agree to make content available, where possible, under the terms of a Creative Commons Licence.

Other Registered Users will be able to amend, overwrite or even delete your content on or from the Kete without consulting you.

Non-Shared Content - Restrictions on Use

All other content on the Kete that is not Shared Content ("Our Content") is not held under the Creative Commons Licence and your use of the Kete and Our Content grants no rights to you in relation to our (or our licensor's) intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties contained in such parts of the Kete.

You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way Our Content or the computer codes of elements comprising the Kete other than for your own personal, non-commercial use. Subject to the above, you may download insubstantial excerpts of Our Content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

Any use other than that permitted under this paragraph may only be undertaken with our prior express authorisation.

Your Licence of Your Content and How We May Use It

When you contribute any content to the Kete, you grant us a perpetual, royalty free licence to use such content as set out below. This licence is separate and different from the Creative Commons Licence that applies to other Kete users' use of such content.

On posting any content, the licence you grant to us and our partners is a licence to:

  • communicate such content to the public and otherwise make it available on this website and services and to amend, copy or delete it in the course of doing so and at our discretion pursuant to any complaints in relation to such content; and
  • create and publish the content (in or on any media) based on (or which include copies and/or modifications of) all or any part of the content in publications produced by [organisation name] or with our permission and you hereby waive any rights that you may otherwise have to any revenues arising from such use.

By adding content to the Kete you agree to participate in Digital New Zealand and to their terms and conditions for collection of Metadata Content.

Limitation of Liability

We have no responsibility or control over the contents of any Shared Content nor communications made by or between Registered Users and can not be held liable for any contents of or consequences of such material. You must be aware that any Shared Content information provided by another Registered User may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using the Kete and any Shared Content or providing any information to others via the Kete.

To the fullest extent permissible by law, we disclaim any and all warranties of any kind (whether express or implied) in relation to the Kete and any items accessed by you via the Kete or a third party provider including any Shared Content. Your statutory rights as a consumer (including your right to receive a reasonable standard of service) are not affected.

Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with and/or these Terms of Use shall be limited in aggregate to $1,000 in respect of any one claim or series of connected claims.

We do not accept any liability for damage to your computer system or loss of data that results from your use of the Kete and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

Whilst we use all reasonable endeavours to correct any errors or omissions in our own posted information as soon as practicable once they have been brought to our attention, we do not promise that it is correct.

We do not promise that the Kete will be available uninterrupted and in a fully operating condition due to the nature of the internet and our dependency on other service providers. Access to the Kete may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

All content and services on the Kete are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the Kete or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Kete. Any decisions or action taken by you on the basis of Shared Content or information provided on or via the Kete is at your sole discretion and risk.

Kete includes links to other websites. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators.

You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve Us in any dispute between you and the third party.

 

Complaints and Feedback

If you have any other specific complaints about another Registered User, or any Shared Content or any other aspects of the Kete then you can contact us. Please note that we are under no obligation to take any action against a Registered User or other person unless required by law.

Severance

Each provision of these Terms and Conditions shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

Law

These terms shall be governed by and interpreted in accordance with the laws of New Zealand. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Changes to Terms and Conditions and services

We reserve the right to amend and develop the Kete and these Terms and Conditions any time. Changes in terms and conditions will posted online. Your continued use of the Kete constitutes your agreement to the amended terms of use.

Information about us and contact details

If you have any questions, complaints or comments on this Kete, you may contact us at:

[insert email address]

or at the following address.

[insert postal address]

See our  privacy policy | house rules | about kete

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