DISCLAIMER

This is not intended to be a comprehensive directory of Queenstown Lakes District arts websites, and Te Wāhi Toi and the Three Lakes Cultural Trust reserves the right to choose the sites it links to. The listing shall not be taken as an endorsement of any kind.

PRIVACY POLICY

Te Wāhi Toi (“us”, “we” or “our”) takes its obligations in relation to the privacy of your Personal Information seriously. This Privacy Policy (“Policy”) provides information in relation to the basis upon which we collect, hold, use and disclose your Personal Information. In this Policy, “you” or “your” means the individual providing Personal Information to us and Personal Information has the same meaning as in the Privacy Act 2020 (Act). In essence, it is information relating to an individual which can be used to identify that individual or which is linked to an identified individual.

1. Applicable Policy terms

1.1
Use and disclosure of Personal Information collected from you is subject to the Policy in effect at the time such Personal Information is collected, unless otherwise agreed.

1.2
We will review this Policy from time to time to make sure it takes into account new laws and technology, and any changes to how we operate.

1.3
Should we decide to change our Policy we will post all changes on the Website so that you are always kept up to date.

2. Collection of Personal Information

2.1
We collect Personal Information in order to provide the Website and otherwise conduct our business in connection with the Website, and to meet our legal obligations. Personal Information is collected from persons who sign up with us (Registered Users) and persons who use the Website without signing up with us (General Users). Registered Users comprise portal users, contributors and authors.

2.2
We collect your Personal Information when you use the Website, when you contact us (including to update your Personal Information), if you sign up with us, if you submit listings or articles, if you use interactive features on the Website (eg favourites), and when you interact with the marketing communications we send you. We collect additional information from users that sign up with us as follows, depending on what type of Registered User you are:

2.2.1
Portal User: When you register an account on the Website and/or engage in our services provided from the Website, we collect and hold the following Personal Information: your first name, email address, account login information and preferences for your personal profile. General location information (but not home address) may also be collected.

2.2.2
Contributor: Contributors must be portal users, so we collect the Personal Information set out at paragraph 2.2.1 in that regard. Contact information, namely your last name and a phone number are also collected. In addition, when you create a listing, regardless of whether it is in draft, pending or active, we collect information relating to the listing, such as description, location, pricing, contact details, images and your user details. Such contributor information may be or contain Personal Information.

2.2.3
Author: Authors must be portal users, so we collect the Personal Information set out at paragraph 2.2.1 in that regard. Contact information, namely your last name and a phone number are also collected. In addition, when you submit a news article, regardless of whether it is in draft, pending or active, we collect information relating to the article, which may include text, images, author name and biography. Such author information may be or contain Personal Information.

2.3
Additionally, the Website may automatically log certain information, including IP address, browser type, sites you visited prior to visiting our Website, clicks and device identifiers. More information on this is set out in the section below on cookies.

2.4
Your Personal Information may also be collected as otherwise permitted by the Act.

2.5
The Website may state other ways in which we collect information from you.

2.6
If you access the Website from outside of New Zealand, you agree that any Personal Information you provide us is subject to this Policy and the Act.

2.7
If you do not provide the Personal Information we ask you to provide you may not be able to become a Registered User, make contributions or author articles, not all functionality on the Website may operate correctly, and we may not be able to respond to an enquiry, or contact you.

2.8
The Website enables you to make purchases from third parties that have listings with us. Those purchases occur on the website of those third parties and we do not collect any Personal Information in relation to any such purchase you make. You should review the privacy policy of that third party before making any purchase on their website.

3. If you provide Personal Information about other persons

3.1
If you are an employee of an organisation that signs up to our portal and you provide Personal Information relating to the organisation’s individuals who are able to access the organisation’s account within the portal, you warrant that you are authorised to do so and that the organisation has ensured the individuals whose Personal Information is provided to us are aware of the information in this Policy.

3.2
If you provide Personal Information about another individual, eg in a listing provided by a contributor, then that Personal Information will also be subject to this Policy. You must only do so if you have that individual’s permission and they are aware of the information in this Policy.

3.3
In each such a case, references to “you” and “your” in this Policy mean the relevant individual to whom the Personal Information relates.

4. Our use of Social Media

4.1
We use third party social media services like Instagram and Facebook. Your use of these third party services is entirely optional. We may make use of any information that you make public relating to our business, when you use any such third party services, for the purposes of our business.

4.2
We may also collect from third party social media services advertising information gathered or generated by such social media services to provide listings relevant to you. Where such advertising information is your Personal Information it will only be provided to us where the social media service has the right to provide that information to us.

4.3
All third party social media services are governed by the privacy policies and/or practices of the relevant third party, for which we are not responsible. If you do not want to provide Personal Information to any of those third parties, or make information publicly available, you should not use their particular service.

5. Purposes for which we collect and use your personal information

5.1
We may collect and use your Personal Information for the following purposes:

5.1.1
to provide you with access to the Website, including to enable you to sign up as a Registered User;

5.1.2
to use the Website’s functionality to which you have access, including (for Registered Users) managing your personal preferences on your profile;

5.1.3
to prioritise the order in which listings are displayed so they are relevant to you (and, where you are a Portal User, in accordance with your personal preferences);

5.1.4
where you are a contributor, to liaise with you in relation to any listing you propose;

5.1.5
where you are an author, to liaise with you in relation to any article you have written;

5.1.6
in relation to contributors and authors, to advertise or promote us or any of your listings or articles, including outside of the Website, but only to the extent necessary for the advertisement or promotion;

5.1.7
to assess and improve the efficacy of any digital advertising campaigns involving listings on the Website, including by deriving insights on the use of the Website by users;

5.1.8
to support the operation of the Website;

5.1.9
to optimise your experience as a user of our Website, including in relation to usability and access;

5.1.10
to provide you with access to the Website, including to enable you to sign up as a Registered User;

5.1.11
to communicate with you, which includes responding to any message or enquiry you send us and identifying you when you want to communicate with us;

5.1.12
to send or show you promotional messages and advertising;

5.1.13
to conduct our business, which may include reviewing, analysing and improving our own processes;

5.1.14
to take any action in any case of dispute, or legal proceeding of any kind between you and us, or between you and any other person with respect to our business;

5.1.15
to otherwise protect our interests in our property, our legal rights, or those of others, including to detect, investigate, prevent or address fraud, security or technical issues, or if we have good reason to believe there is an imminent threat of death or injury or a serious threat to health and safety;

5.1.16
to comply with our legal obligations; and

5.1.17
any other purpose made known to you when collecting the Personal Information.

5.2
We may also collect and use your Personal Information in any circumstances authorised by the Act, or in any other manner with your consent.

6. Marketing Communications

6.1
We may disclose your Personal Information to third party providers we use to assist us to send you marketing communications. We provide those third parties with your name and email. Such third parties may be offshore and may not be subject to privacy laws as comprehensive as in New Zealand. However, we only use providers that we are permitted to use under the Act.

6.2
Where marketing communications we initiate are sent by electronic means the relevant third party (where applicable) will collect information about your interaction with the communication. The information collected includes whether you opened the email, the links you clicked on, the webpages viewed and the dates and times of such access and activity. Information about the device used to access the marketing communication may also be collected. The third party provides or makes available this information to us for the various purposes outlined in this Policy. They also hold this information on our behalf.

6.3
While these third parties are primarily collecting this information on our behalf, some of these third parties also use the information that we provide them and which is collected from your interaction with marketing communications for their legitimate business interests, such as to provide, support and improve the services they provide and to undertake data analytics projects. However, we do not permit them to use your Personal Information provided by us to market their or any other person’s services to you.

6.4
We currently use MailChimp for the purpose of sending our marketing communications. MailChimp is located in the United States. To understand the ways in which MailChimp collect, hold, use and disclose personal information, please read its privacy policy, which is available here.

6.5
If you do not agree with how MailChimp will handle your Personal Information then you will need to unsubscribe from receiving marketing communications from us.

6.6
If you no longer wish to receive marketing communications from us, you will also need to unsubscribe. You may unsubscribe from receiving marketing communications from us in accordance with the unsubscribe facility in any email sending you marketing communications or by contacting us at the email address set out below.

6.7
We will not be able to send marketing communications to you if you unsubscribe or do not agree to our use of third parties to assist us with our marketing communications.

7. Cookies and Similar Technologies

7.1
Our Website may use cookies or similar technologies. A cookie is a small data file stored on a device with a web browser (e.g. computer or iPad). It can contain information about your device, your IP address, your session, and the online activity on the Website of anyone using your device.

7.2
We currently use functional/required, analytics/performance and third party/advertising cookies.

7.3
Functional and required cookies are always used, which allow us to provide the functionality of the Website to you. Analytics and performance cookies are used on the Website to view site traffic, activity and other data. We currently use Google Analytics for analytics purposes.

7.4
While Google is primarily collecting data on our behalf, it may also use the data which is collected for its legitimate business interests, including to improve its own services, and to maintain the security of its systems. To understand the ways that Google Analytics may use your data, please read its policy available here.

7.5
We also use Facebook pixel on the Website. This is a third party cookie that provides information about the webpages you view on the Website to Facebook to enable it to tailor advertising to you. For instance, this cookie enables us to remarket the listings on the Website to you when you are on other websites. The information is collected and held by Facebook. We can access analytical data and insights reports from Facebook in connection with the information collected using this cookie, which we use in accordance with this Policy. To understand the way Facebook manages this information, please read its policy available here. Facebook also provides more information about the Facebook pixel here.

7.6
If you do not agree to the use of cookies, or would like to block some or all of the cookies on our Website, you can manually disable or reject the use of cookies through your internet browser. Websites, such as https://youradchoices.com/control can also assist to enable you to disable third party/advertising cookies by opting you out of receiving advertising, such as the Facebook pixel.

7.7
If you disable or reject the use of functional/required cookies, some functionality on the Website may not be available. Disabling or rejecting analytics/performance and third party/advertising cookies does not affect the functionality on the Website.

8. Other Disclosures of Personal Information

8.1
You agree that we may disclose your Personal Information for the above purposes (and any specific purpose set out below) to any of the following persons:

8.1.1
to any third party with a listing for the purposes of you conducting a transaction with that third party;

8.1.2
to any business or person that is considering buying an interest in our business or assets, or to any person we are considering merging with.

8.2
Except as stated in this Policy, we do not share your Personal Information without your consent, except where permitted by the Act, unless we believe it is necessary:

8.2.1
to enforce our terms and conditions, or where we are legally required to do so;

8.2.2
for us or other authorised agencies to detect, investigate, prevent or address fraud, security or technical issues;

8.2.3
to otherwise protect our property, legal rights, or that of others; or

8.2.4
for the purposes of carrying out the matters noted in the section below on the Management of Personal Information.

8.3
We may use and disclose your Personal Information for any of these purposes, in any circumstances authorised by the Act, or in any other manner with your consent.

9. Management of Personal Information

9.1
We may transfer Personal Information to third parties to perform services on our behalf, to process the information for us, or hold it on our behalf. These third parties may be offshore, but we will not authorise them to use such information for their own purposes.

9.2
If we provide any functionality on the Website that involves you making a payment to us, we may use a third party service provider to facilitate your payment. Any such third party provider may need to collect, hold, use and disclose your information to allow them to perform the services they provide to us. They may also wish to use the information they collect for their legitimate business interests, such as to provide, support and improve the services they provide and to undertake data analytics projects. However, we would not permit them to use your Personal Information provided by us to market their or any other person’s services to you. You should check their privacy policy once you are redirected to their website to make the payment. If you do not agree with their privacy policy you should contact us to make other arrangements for the payment required. Unless other arrangements are made, if you do not agree to the privacy policy of such third party service provider then you will not be able to use the functionality of the Website that involves you making a payment to us.

9.3
The Act requires us to take reasonable steps to protect the security of Personal Information we hold. We take reasonable steps to protect Personal Information held from misuse and loss and from unauthorised access, modification or disclosure, for example by use of physical security and restricted access to electronic records. Our personnel are required to respect the confidentiality of Personal Information and the privacy of individuals.

9.4
Except as otherwise stated in this Policy, your Personal Information we collect is held by us. Our address is set out below.

10. Access, Correction and Retention of Your Personal Information

10.1 
You agree that any information you give to us will be accurate, correct and up to date, and that when providing Personal Information about others, you are authorised to give such information to us.

10.2
You must inform us if any of your Personal Information changes, to ensure that the details we hold about you are up to date and correct. For Registered Users, please make any updates through the portal. If you no longer want to be a Registered User you can also delete your account through the portal.

10.3
Primarily, we will retain your Personal Information for as long as it is required to achieve the purposes of this Policy. We may also retain your Personal Information for as long as needed to manage backups of your Personal Information in accordance with our security practices, to be able to address any claim that might be made after you cease to be a user of our Website, or to meet any legal obligations we have to retain such information, including managing our obligations to you in respect of the functionality offered on our Website. Where we no longer require your Personal Information for a permitted purpose under the Act, we will take reasonable steps to return, delete or destroy it.

10.4
You have the right to access, and request correction of, your Personal Information. For Registered Users, Personal Information in your profile can be accessed and corrected through the portal. In other cases, please contact us as follows:

Email:
curator@tewahitoi.nz

Address:
Te Wāhi Toi Curator, c/- Three Lakes Cultural Trust,
P O Box 1515, Queenstown 9348

10.5
If a dispute arises between us and we cannot resolve it with you, then you may wish to contact the Office of the Privacy Commissioner on investigations@privacy.org.nz.

11. Governing Law

11.1
This Policy is governed by the laws of New Zealand.

Last updated: 31 May 2022

TERMS & CONDITIONS

Section 1 – Overview

1.1
This Website is provided by Te Wāhi Toi (Te Wāhi Toi, we, us, or our), a project of the Three Lakes Cultural Trust (the Trust). These Terms and Conditions (Terms) apply to your use of the Website. In these Terms, you, your, and Website User means the individual accessing and using the Website, or the organisation on whose behalf you do so.

1.2
By visiting or accessing the Website, registering an account on the Website, providing a Listing, or by submitting an Article, you acknowledge that you have read and understand these Terms, and agree to be bound by these Terms and all applicable laws governing your use of the Website.

1.3
Te Wāhi Toi reserves the right to amend and modify these Terms from time to time. We will communicate all changes by posting these on the Website. Unless otherwise stated, amendments will be effective immediately upon posting of the amended Terms on this Website, but will only apply to you at the time you next use the Website. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use the Website, you agree to be bound by the Terms as they may be amended.

Section 2 – Definitions and Interpretation

2.1
Definitions: For the purposes of these Terms:

Article means a news or other article placed on the Website, and includes any imagery within the article;
Author means a Registered User whose registration permits them to submit Articles for the Website;
Contributor means a Registered User whose registration permits them to place a Listing on the Website;
Creative Directory Listing means listing a profile of an artist, performer, maker, musician, gallery, group, teacher or business on the Creative Directory on the Website;
Event Listing means a listing of an event, workshop or exhibition on the Website;
Listing means an Event Listing, Venue Listing or Creative Directory Listing placed on the Website, including any imagery connected with any such listing;
Registered User means a Website User who has registered an account on the Website;
Venue Listing means a listing of creative and performance spaces, venues and workshops on the Website;
Website means this website, accessible at www.tewahitoi.nz

2.2
Interpretation: For the purposes of these Terms:

2.2.1
headings are for ease of reference only and will not be deemed to form any part of the context or affect the interpretation of these Terms;

2.2.2
another grammatical form of a defined word or expression has a corresponding meaning;

2.2.3
the singular includes the plural and vice versa;

2.2.4
a reference to a statute is to a New Zealand statute and includes all regulations, orders, bylaws, codes and notices made under or pursuant to such a statute and includes references to all amendments to that statute whether by subsequent statute or statute passed in substitution for the statute;

2.2.5
a reference to dollars or $ is a reference to the currency of New Zealand (NZD); and

2.2.6
the use of the words including, includes and include followed by a list of items or matters do not in any way limit the generality of the subject matter which goes before them or to which they refer.

Section 3 – Use of Website

3.1
General Use by Website Users: Website Users (who are not also Registered Users) may view and browse limited areas of the Website, but are not able to create, submit and manage Articles or Listings or access features offered only to Registered Users by the Website.

3.2
Registered Users: Registered Users may view and browse the Website in the same manner as Website Users who are not Registered Users. Registered Users may also create, submit and manage Articles and Listings or access features offered only to Registered Users. However, Registered Users access rights are limited to their registration type (ie Registered User only, Contributor and/or Author).

3.3
Approvals: All proposed Articles and Listings submitted to the Website are subject to a moderation and approval process by Te Wāhi Toi. Only proposed Articles and Listings in a form we approve will appear on the Website. The following process applies:

3.3.1
We may refuse to approve a proposed Article or Listing if we consider that it is in beach of these Terms or is not otherwise suitable for listing (in our sole discretion).

3.3.2
We may request amendments are made to a proposed Article or Listing before it will be approved. The proposed Article or Listing must be re-submitted for moderation and approval once changes have been made.

3.3.3
We reserve the right to make minor amendments (including changes to layout and grammar) to a proposed Article or Listing in order for it to be approved. We are not required to obtain the relevant Registered User’s consent to minor amendments.

3.4
Right to Remove: We reserve the right to remove any Articles and Listings from the Website at any time and for any reason whatsoever.

3.5
Correction of Errors: We reserve the right at any time to change, correct or remove any error on the Website or in relation to any Listing, including if such a change results in a change to a price that has been displayed. Any such changes will take effect immediately that we make the change.

3.6
Transactions Generally: The Website facilitates entry into transactions between Website Users and third parties involved in a Listing of a purchasable offering. We do not act as an agent of, or on behalf of, any Website User, Contributor or any third party in respect of any transaction formed in connection with a Listing. All such transactions occur on the Contributor or third party’s own website and our role in facilitating that transaction is only to link you to the relevant website specified by the Contributor.

3.7
Transaction Risk: All transactions in connection with a Listing, and all other conduct between any Website User, Contributor or any third party in respect of any transaction formed in connection with a Listing are conducted entirely at your own risk. We accept no responsibility or liability for any harm, fraud, or other misconduct that occurs in relation to any Listing or a transaction in connection with a Listing. You accept that we are not party to any transaction in connection with a Listing and agree not to involve or attempt to involve us in any dispute relating to any Listing (including as to the payment or any failure to pay any price or cost associated with the relevant Listing). Our obligations are solely as set out in these Terms.

3.8
Indemnity: You indemnify us in relation to any claim made by any person in relation to a transaction that you enter into with any Website User, Contributor or any third party in connection with a Listing.

3.9
Viruses and Interference: You are not permitted to do or use anything that interferes or may interfere with the Website, including introducing any virus, malware or other similar malicious code, modify, frame or reproduce the Website, or create a link to the Website (other than the homepage or where we expressly permit you to do so).

Section 4 – Registration

4.1
Registered User: To become a Registered User, you must be at least 18 years of age or have a parent or guardian agree to these Terms on your behalf. Becoming a Registered User involves the creation of an account in accordance with an online account creation process within this Website.

4.2
Contributors and Authors: Once you have become a Registered User you may apply to become a Contributor or an Author. Application is in accordance with the online process within this Website and will be subject to our vetting processes. Registered Users can only become Contributors or Authors where we agree.

4.3
Right of Account Refusal: We reserve the right to refuse to provide you with an account for any reason in our sole discretion.

4.4
Information: We may require you to provide us with any information related to your eligibility, age, proof of identity or any other information which we consider may be necessary for us to meet our legal obligations or, in the case of Contributors and Authors, for the purposes of our vetting processes. You agree that all information provided by you regarding your registration is complete and accurate at the time it is provided. If at any time any of your information changes, you agree to update this information on the Website or by informing us as soon as practically possible to ensure the information is kept current.

4.5
One Account: You may not create more than one account at any one time for any reason whatsoever, except as otherwise permitted by this clause 4.5. The creation of more than one account (unless permitted) may result in the immediate termination of each of your accounts, and the cancellation of your access to the Website. The creation by a Contributor of different accounts each for use in connection with a different purpose (such as a different account for the Listings of each organisation or body of persons represented by that Contributor) is permitted. We may also agree with you other circumstances in which more than one account is permitted.

4.6
Registered Users Responsibility: You are solely responsible for all activity which is carried out, or occurs through, your account. You must immediately notify us of any unauthorised use of your account, your account details, or any other unauthorised access to the Website using your account.

4.7
Passwords and Security: Upon creating an account, you will be required to set a password. You must keep your password and account details safe, secure, and confidential. You must not disclose your password to any third party at any time.

4.8
Cancellation and Suspension:

4.8.1
If you no longer wish to be a Registered User, you may cancel your account through the online process we make available on the Website.

4.8.2
We reserve the right to determine, at our sole discretion, whether your conduct or the use of your account breaches these Terms. We may, without any prior notice and at our sole discretion, terminate or suspend your account and cancel your access to the Website where we consider such termination, suspension or cancellation necessary or desirable to protect the Website, our security or technology systems, or for any other reason.

4.8.3
If your account is cancelled you cease to be a Registered User, and if you are a Contributor or Author, your registration as a Contributor or Author automatically ends too.

Section 5 – User Obligations and Warranties

5.1
Listings and Articles:

5.1.1
Contributors agreed to provide Listings that only relate to New Zealand. Authors must ensure that Articles have relevance to New Zealand.

5.1.2
You must ensure that Listings and Articles are accurate, complete, and comply with any requirements we specify on the Website (such as guidelines), all relevant laws and any relevant advertising codes of practice. Listings must also be current and include all relevant information.

5.1.3
When providing Listings and Articles to us you must not:

(a) create it in such a way that it manipulates any search results;
(b) include any false, misleading, deceptive, defamatory, obscene, profane or pornographic content; or
(c) propose Listings with the same content as an existing Listing.

5.1.4
Where a Contributor or Author provides a Listing or Article to us, you grant to us an irrevocable, perpetual, non-exclusive, non-transferable and royalty free worldwide licence to use, store and reproduce the Listing or Article (which includes the right to make changes to it as permitted by clause 3.3) for the following purposes:

(a) to display it on the Website;
(b) to display it on other social media channels we use, including permitting any third party provider of that social media site to do so on our behalf;
(c) to market or promote the Listing, the Article, the Website or Te Wāhi Toi, including displaying the Listing or Article in marketing material or on signs or billboards, including permitting any third party provider to do so on our behalf;
(d) to separately do any of the things listed in paragraph (a) to (c) in respect of any imagery that is a part of the Listing or Article for any of those purposes; 

(e) to permit any Website User to access it, and in the case of an Article, any Website User may use, copy, download and print the Article for personal use or any other use agreed when the Article is accepted by us to be included on the Website; and
(f) maintain an archive of previous Listings and Articles.

5.1.5

The rights granted to us under these Terms include a right for the Trust, in any capacity, to exercise these rights. To avoid doubt, this includes the use of the Trust's social media channels and any of its other marketing materials generally. 

5.1.6
If you provide a Listing or Article, you confirm you have the right to grant the licence in clause 5.1.4.

5.2
Legitimate Purpose: You may only access the Website for legitimate purposes and in good faith. You agree not to access the Website for any improper, injurious, offensive or unlawful purposes.

5.3
Accessing the Website: When accessing the Website you must ensure your access to the Website complies with all relevant laws and does not infringe our rights, the rights of Contributors and Authors, or the rights of any third parties, or inhibit or restrict other Website Users' use of the Website.

5.4
Prohibited Use: When accessing the Website you must not:

5.4.1
violate the security of the Website, or interfere, disrupt, damage or harm, or attempt to interfere, damage or harm the Website, or any system connected to the Website;

5.4.2
use any automated system, including without limitation, robots, spiders, or offline readers to access, acquire, copy or otherwise monitor the Website, any Website content or any Listings or Articles;

5.4.3
reverse engineer or decode or study the Website for the purpose of developing any software that is intended to replicate the functions of the Website; or

5.4.4
obtain or seek to obtain information from the Website that has not been made publicly available.

Section 6 – Advertising

6.1
Chargeable Features: From time to time we may offer Contributors an opportunity to purchase certain features on the Website in relation to a Listing for an agreed fee. Where you purchase such a feature you must pay the agreed fee to us.

6.2
Payment Terms: The fee must be paid on an agreed basis (such as a one-off fee in advance or a monthly fee). We will provide you with an invoice for the agreed fee, which must be paid within seven days.

6.3
Tax: We may add goods and services tax and any other applicable tax to the agreed fee, which you will also pay to us at the time you pay the agreed fee.

6.4
Rights on Non-Payment: If you do not pay the agreed fee or applicable tax to us when due we may:

6.4.1
terminate your right to use the associated feature; and/or

6.4.2
charge interest calculated on a daily basis, based on the average non-penalty interest rate charged by our bank for overdraft facilities, plus 2%.

6.5
Payment of Other Costs: We reserve the right to pass on all or any costs, disbursements or charges incurred by us in collecting any outstanding payment or enforcing or attempting to enforce these Terms in connection with any failure to pay any amount due to us.

Section 7 – Using the Intellectual Property on the Website

7.1
Intellectual Property: Any information provided on this Website is owned by or licenced to us. All materials, including but not limited to text, pictures, images, sounds, video, graphics, page layout, or any other information, including Listings and Articles (Content) are subject to copyright and other intellectual property laws and protections. Any Content provided by a third party may be governed by a different jurisdiction and subject to the laws of that jurisdiction. No right, title or interest in or to the Website or any Content, features or functionality on the Website is transferred to you. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark and other laws.

7.2
Limited Access: Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited right to access the Website, to view the Website Content and to use the functionality of the Website for the purposes it is provided. You may also use, copy, print or download the Articles and any materials that we make available on the Website in pdf form or which are otherwise provided for you to download. Any such use of those materials is limited to your personal use, for the purpose for which it is made available and any other purpose stated on the Website where the Article or materials are made available. You must not use any Article or such materials for any commercial purpose. You must ensure any copyright notice on any Article or such materials is retained on any copy.

7.3
Unauthorised Copying Prohibited: Except as provided under clause 6.2, you may not copy, reproduce, alter, modify, create derivative works, or publicly display any Website Content or any Articles without our prior express written permission. Any unauthorised use is strictly prohibited.

7.4
Trademarks: All trademarks, logos, banners, designs and brands are all our registered or unregistered trademarks or have been licensed to us to use on the Website by the controlling third party.

7.5
Third Party Content: Content posted by third parties, including Listings and Articles (Third Party Content) may be displayed from time to time on the Website. Te Wāhi Toi is not, nor does it purport to be, responsible for any Third Party Content. Any Third Party Content is not endorsed by us.

Section 8 – Liability and Indemnity

8.1
Liability: You agree that, to the extent permitted by law, we will not be liable for any claim, damage, liability or loss, whether direct or indirect, including any loss of money, profits, data, business, and all consequential and incidental loss, resulting from your use of the Website, whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

8.2
Express Limitations: Without limiting the above exclusion, to the maximum extent permitted by law, we will not be liable or responsible to you or any other person for any loss or damage you suffer or incur in connection with:

8.2.1
the Website being unavailable (in whole or in part) or performing slowly;

8.2.2
any error in, or omission from, any information made available through the Website (including in the unlikely event that any third person makes unauthorised changes to the Website, for which we do not accept any responsibility);

8.2.3
any misconduct, unlawful or fraudulent behaviour of a Website User;

8.2.4
any reliance placed on any information made available through the Website by you, or by anyone who may be informed of any of its contents; and

8.2.5
any exposure to viruses, malware or other malicious code when you access or use the Website or in any electronic mail sent to you by the Website.

Section 9 – Disclaimers

9.1
Accuracy of Information: While we have taken care to ensure information on the Website is correct, we give no undertakings, representations, or warranties in relation to the content of the Website, any Articles or the matters contained in a Listing on the Website, including as to ownership, quality, description, legality, or the ability of Website Users, Contributors or any third parties to complete transactions involving any Listing. You are solely responsible for any actions you take in reliance on the content of the Website, an Article or any Listing.

9.2
Disclaimer as to Listings: To the maximum extent permitted by law, we disclaim and exclude all implied conditions, warranties or guarantees related to a Listing, including but not limited to any warranties of merchantability, fitness for purpose and non-infringement.

9.3
Links to Other Websites: Listings may include links to third party websites. Our Website also includes links to other third party websites which we think may be of value to you. We do not control those websites and are not responsible for the content on those websites. Such links do not imply any endorsement, approval or recommendation of those websites or their contents, operations, products or operators. You should read the terms of use applying to those websites before you use them.

9.4
Exclusion of Warranties: To the maximum extent permitted by law, we exclude all warranties that may be implied into these Terms by statute or otherwise. You agree that the Consumer Guarantees Act 1993 does not apply where you use the Website for the purposes of your business.

9.5
Website Safety: While we have taken care with the Website, we do not warrant or represent that the Website is free from viruses, malware, or other malicious code.

9.6
Availability of Website: The Website is provided on an "as available" basis. While we will use our reasonable endeavours to make the Website available, we do not warrant that:

9.6.1
your use of the Website will be uninterrupted, timely, secure, or error-free;

9.6.2
the quality of any services, information, or other material provided to you through the Website or in respect of any Listing will meet your expectations; or

9.6.3
any errors on the Website or in relation to any Listing will be corrected.

Section 10 – Miscellaneous

10.1
Disputes: If you have a concern in relation to the Website please contact us to discuss it. Both of us will use reasonable endeavours to try and resolve the concern through discussion and negotiation. If the concern is not able to be resolved, either party can take such steps as it considers appropriate in relation to the matter. Nothing in this clause prevents either party from seeking interim relief from a court.

10.2
Privacy Policy: We collect, hold, use and disclose personal information about you as outlined in our Privacy Policy. Our Privacy Policy can be found on our Website here.

10.3
No Waiver: Our failure to exercise or enforce any right we may have under these Terms will not constitute a waiver of such right.

10.4
Force Majeure: We have no liability for any failure of the Website, or any failure to comply with these Terms if such a failure is due to an act, event or cause which is beyond our reasonable control, including acts of God, war, sabotage, riot, national emergency, fire, lightening, flood, cyclone, earthquake, landslide, storm, explosion, power shortage, pandemic, epidemic, strike or other labour difficulty.

10.5
Severance: If any provision of these Terms becomes invalid or unenforceable that provision shall be severed from the remaining Terms and the remaining Terms will continue in full force and effect.

10.6
Minors: If, under Subpart 6 of Part 2 of the Contract and Commercial Law Act 2017, any provision of these Terms is held not to be fair and reasonable, then that provision will be deemed to be amended in relation to the relevant Website User to reflect the original intention (as determined from this Website) as nearly as possible, but so as to be fair and reasonable and, in any case, in accordance with applicable law.

10.7
Governing Law: Use of this Website and these Terms are governed by the laws of New Zealand, and by using the Website you agree to be bound by such laws. You agree to submit to the jurisdiction of the New Zealand courts with respect to the application of these Terms. Access and use of this Website from any other country is done at your own risk, and you are responsible for complying with the laws and regulations of the relevant jurisdiction.

Last updated: 31 May 2022