In these Terms and Conditions:
(a) “Material” means information, data, text, software, illustrations, photos, audio, video, any combination of these or other material.
(b) “Terms and Conditions” means the terms and conditions contained within this document.
(c) “Us”, “we”, “our” or “FashioNZ” means Vestis Media Limited, its employees, contractors, directors, officers, agents and representatives, and/or its related companies or joint ventures.
(d) “Website” means the fashionz.co.nz website.
(e) “You” means the visitor to the Website.
2.1 These Terms and Conditions govern your use of the Website. By using the Website, you accept and agree to abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you must refrain from using the Website.
2.2 If you are an advertiser on the Website, these Terms and Conditions apply to you in addition to the FashioNZ Advertising Terms and Conditions. A copy of the FashioNZ Advertising Terms and Conditions is available here. To the extent of any inconsistency, these Terms and Conditions prevail in relation to your use of Website.
2.3 FashioNZ reserves the right to amend these Terms and Conditions at any time and such amendments will be effective once they are published on the Website. You should revisit this area of the Website regularly to check the Terms and Conditions.
3. Use of the Website by you
3.1 You agree to only use the Website for purposes permitted by the Terms and Conditions. You are responsible for all equipment and software used to access the Website.
3.2 You agree that you will not directly or indirectly:
a. use the Website for any activity which breaches any laws or regulations, infringes a third party’s rights, breaches the Terms and Conditions, or is otherwise unlawful;
b. use the Website to post or transmit any Material unlawfully, or any Material which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Website or which is false, misleading or deceptive in any way;
c. submit for posting or otherwise distribute any Material in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;
d. use the Website directly or indirectly, or use any service provided on the Website, to conduct surveys, pyramid schemes, or send chain letters, junk email, spam or any other duplicative or unsolicited messages (commercial or otherwise);
e. engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms and Conditions or is otherwise inappropriate for the Website;
f. distribute viruses, corrupted files or any similar software or programs that may damage the operation of any hardware, software or the Website;
g. collect or store personal data of other Website users.
4. Disclaimer and Limitation of liability
4.1 The content on the Website is provided for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice prior to making any decisions.
4.2 To the greatest extent permitted by law, FashioNZ and its information contributors and associated service providers exclude all warranties, representations, conditions, guarantees or other provisions which are not included in these Terms and Conditions, including, without limitation, as to the availability, accuracy, completeness, currency or reliability of the Material, products or services, including products or services of any third party, that are made available via the Website.
4.3 If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a “Non-Excludable Term”), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our maximum aggregate liability for all claims arising under or in relation to these Terms and Conditions or otherwise as a result of your access to and use of the Website is limited to NZ$100. Our liability to you will also be diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
5. Linked Sites
5.1 The Website may contain links to external sites. Those sites are not part of FashioNZ and, unless otherwise indicated, are not under FashioNZ’s control. No link appearing on the Website and no external sites linked to the Website is endorsed by FashioNZ, and no responsibility is taken for material in them. FashioNZ excludes all liability in relation to representations or warranties made by advertisers, the services provided by any third party and all liability relating to payments made on linked sites.
5.2 You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify FashioNZ against any liability arising out of your accessing any linked site.
6. Your account
6.1 When you sign up with FashioNZ, you must ensure that all information you provide is correct and up-to-date. You may wish to nominate a member user name which is different to your real name. However, you must not impersonate the identity of someone else or use a vulgar or offensive member name. In some instances we may require you to provide your real name or other identifying information. If you change your details you agree to ensure your details are updated.
6.2 It is your responsibility to keep your login and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must notify the Publisher as soon as possible. You must also change your password immediately. You agree to indemnify FashioNZ against any and all claims arising out of your failure to maintain the confidentiality of your username and password.
7. Placement and Removal of Material on the Website
7.1 We reserve the right:
a. to decline to publish, or where already published, to remove any Material that we consider in our absolute discretion is inappropriate for the Website for any reason;
b. to establish general practices and limits concerning the uploading of Material to the Website or the level and amount of your use of the Website and that these practices and limits may be modified from time to time;
c. to monitor use of the Website by you and store and disclose any information we collect, including in order to investigate your compliance with these Terms and Conditions or for the purposes of any police investigation or governmental request.
7.2 By providing Material to FashioNZ for posting and/or publishing on the Website, you authorise FashioNZ to use any Material you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of FashioNZ, its customers and the public.
8. Intellectual Property
8.1 You acknowledge that copyright, trade marks and all other intellectual property rights (“IP Rights”) in the Website and in the Material displayed or available through the Website, and the underlying software and technologies used to operate the Website, belongs to FashioNZ or its licensors.
8.2 We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes and subject to your acknowledgement that:
a. unauthorised use of the Material is strictly prohibited and may infringe FashioNZ’s or its licensors’ IP Rights in the Material;
b. no Website content may be reproduced, published or transmitted in any manner without the prior written consent of FashioNZ; and
c. we (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any IP Rights to you or, except for the licence referred to above, authorise you to exercise any IP Rights unless we expressly agree otherwise.
8.3 Without limiting the above, and subject to applicable law, you may not without prior written permission from FashioNZ:
a. archive the Material or any part of it;
b. form a database whether electronically or otherwise by systematically downloading or storing all or any of the Material;
c. redistribute or republish the Material; or
d. link to the Website including (without limitation) linking in any way which:
i. frames the Website;
ii. replicates the Website; or
iii. misleads any person regarding any association with the Website or advertisers on the Website, or any association with FashioNZ (whether implicitly or expressly).
8.4 The trade marks used on the Website are FashioNZ’s trade marks or the trade marks of a third party. Nothing on the Website should be construed as granting any licence to use any trade mark without the express permission of its owner.
8.5 You must not use any of FashioNZ’s trade marks:
a. as or as part of your trade marks;
b. in connection with goods or services which are not the goods or services of FashioNZ;
c. in a manner that may be confusing, misleading or deceptive; or
d. in a manner that disparages FashioNZ, its information or its services.
9. Technical Difficulties
9.1 You acknowledge that your use of the Website may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, FashioNZ and its service providers do not make any warranty that the Website will be timely, secure, virus free, error free, without interruption or delay or free from defects in design or engineering.
9.2 The compatibility of the Website is not guaranteed for all software or hardware.
9.3 We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.
10.1 To the maximum extent permitted by law, you indemnify and hold FashioNZ and its affiliates, and their respective directors, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities relating to your use of the Website or its use by any person on your behalf. For the purposes of this paragraph Website includes any linked sites.
12.1 The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder of such terms.
13.1 These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms and Conditions.
14. Contact us
14.1 If you have any complaints or questions regarding the Website or the Terms and Conditions, please email the Publisher, Evelyn Ebrey, at [email protected]. We will endeavour to respond to your query within three (3) working days.
© Vestis Media Limited, November 2016