Website Terms of Use

1. Applicability and agreement to terms

1.1 Please read these Terms of Use carefully.  They apply to your use of this website found at www.spcoldboys.co.nz (the “Website”) and by continuing to use the Website, you agree to be bound by them.
1.2 Additional terms may apply to specific services or online tools or functions provided through or on the Website.  Where we indicate on the Website that additional terms apply, you must read the Terms of Use in conjunction with those additional terms.  If there is any inconsistency between these Terms of Use and those additional terms, the additional terms will prevail (unless we expressly tell you otherwise).

 

2. Who’s Who

2.1 In these Terms of Use:
We“, “us“, “our”  and “SPOB” are references to St Peter’s College Old Boys Association Incorporated.
You” and “your” are references to you.

 

3. Amendments to these Terms of Use

3.1 We may amend these Terms of Use in whole or in part from time to time.  Amendments will be effective immediately when we post the amended Terms of Use on the Website.  You are responsible for ensuring you are familiar with the latest Terms of Use.  By continuing to use the Website, you agree to be bound by the Terms of Use as amended (whether or not you have received any amendments).

 

4. Intellectual property rights

4.1 IP rights in Website
We (and our licensors or suppliers, as the case may be) own all intellectual property rights in the Website, including all of the content of the Website (such as text, graphics, logos, icons and sound recordings) and all software code underlying and forming part of the Website.
4.2 Your right to use the Website
You may view, save, copy and print any part of the Website (including the content of the Website) for your personal use only.  You must obtain written permission from us to otherwise use, copy, modify, or distribute any part of the Website (including the content of the Website) any way.  If you wish to use any third party material identified as such on the Website you must obtain the prior consent of the relevant owner.  This includes the content of websites you access via links from the Website.  If you would like to use any part of the Website (other than saving, copying and printing any part of the Website for personal use), please contact queries@spcoldboys.co.nz
4.3 Our right to use your content
When posting or uploading any content to the Website or making contact with other users of the Website:
(a) you agree that any such content may be used, copied, distributed or disclosed by us at any time in any form and for any purpose; and
(b) you warrant that you own any intellectual property rights in such content.

 

5. ACCEPTABLE USE

5.1 Compliance with law
You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of the Website.
5.2 Specific prohibitions
Without limiting clause 5.1, in particular, you agree not to:
(a) damage or harm the Website, or any underlying or connected network or system;
(b) introduce any viruses, content or code to the Website which is technologically harmful;
(c) use the Website to do anything unlawful, misleading, malicious, or discriminatory;
(d) do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;
(e) facilitate or encourage any violations of these Terms of Use;
(f) upload or post any content on the Website (or use the Website to transmit any communication) which is in our view illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable.
(g) send or otherwise post unauthorised commercial communications (such as spam) on the Website;
(h) solicit log in information or access an account belonging to someone else;
(i) bully, intimidate, or harass any user/member of the Website;
or attempt to do any of the above.
5.3 Monitoring and removal of content
We are not obliged to monitor your use of the Website (including any comments made on, or content posted or uploaded to, the Website).  However, we may decline to publish, remove or modify comments or content, if we, in our sole discretion, consider them to be inappropriate or consider that they otherwise breach these Terms of Use or any additional terms.
5.4 Linking
You may create a hyperlink to the Website from another website.  However, this link must not be presented in any way that implies that the Website has an association with the other site, or endorses that site or the products available on or through that site.  Neither our name, nor any of our logos may be used on any other site without our written consent.  If you create a hyperlink text to the Website, you are responsible for all direct and indirect consequences of the link.
5.5 Unsolicited email
Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email.  Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.
5.6 Our rights and remedies
Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms of Use, we may suspend, limit or cancel your access to the Website;
5.7 General indemnity
You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use.

 

6. Registration

6.1 Registration
Registering on the website is free. By registering as a member, you warrant that you are 18 years old and that you can form a legally binding contract.
6.2 Accurate information
You warrant that you have provided complete, accurate and current personal information when registering as a member.  You must maintain and update your personal information held by us to ensure it is kept current at all times.  We may phone or mail you to verify these details.  You must not register as a member under multiple identities or personas (whether false or not).  However, at our discretion, you may create a business membership in addition to your personal membership.
6.3 Security of your login information
Once you register on the Website, you must keep all usernames and passwords secure and confidential and must not disclose them to any third party.  You must take reasonable care to:
(a) choose a password that is a secret known only to you which cannot be easily guessed;
(b) not disclose your password to anyone;
(c) not allow anyone to see your password or have the opportunity to see it or record it when you enter it on a computer; and
(d) change your password at regular intervals.
6.4 Compromise of passwords
You must immediately change your password and notify us if:
(a) you believe the secrecy of your password or the security questions which you answered has been compromised; or
(b) you become aware of any unauthorised use of your username or password.
6.5 Effect of using username and password
You agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to the Website and that we may do so without further enquiry.
6.6 Responsibility for registration
You are responsible for any actions taken through your membership.  Memberships are not transferable and therefore cannot be sold, leased, lent, or traded.

 

7. Ordering and purchasing

7.1 Offer only available in New Zealand
Any information contained on the Website does not constitute an offer in any jurisdiction other than New Zealand.
7.2 No guarantee products will be in stock
We will make every effort to fulfil orders placed using the Website but we do not guarantee that the products advertised will always be in stock.
7.3 Right to adjust price
We will make reasonable endeavours to ensure that the descriptions and prices for the products and services shown on the Website are accurate and up-to-date.  However we reserve the right to adjust the actual price charged if the prices shown are incorrect, and to vary our prices and product and services descriptions at any time and without notice.
7.4 Consumer Guarantees Act 1993
You agree that, where you acquire products or services from us for the purposes of a business, any provisions of the Consumer Guarantees Act 1993 which would otherwise apply to the supply by us of those products or services do not apply.
7.5 Title and risk
Title to all products supplied to you will be retained by us until payment is made in full.  All risk of loss of, or damage to, the products passes to you on delivery of the products to you.

 

8. Our liability

8.1 Advertisements and links
Responsibility for the content of advertisements appearing on the Website (including links to advertisers’ own websites) rests solely with the advertisers.  The placement of such advertisements on the Website does not constitute our recommendation or endorsement of the advertised product or service.  Each advertiser is solely responsible for any representation made in connection with its advertisement.  Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites.  Articles or reports by named authors express their own views and do not necessarily reflect the views of [the website owner].
8.2 No liability
The Website is provided on an “as is” and “as available” basis. You agree that, to the maximum extent permitted by law:
(a) any and all of our liability and responsibility to you or any other person:
(i) under or in connection with these Terms of Use; or
(ii) in connection with the Website (including any errors in or omissions from the Website), any goods or services provided on or through the Website, another user’s/member’s acts or omissions (including any comments or content posted), or your use of or inability to use, the Website (including any loss or corruption of data),
is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;
(b) our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss; and
(c) we disclaim and exclude all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

9. Resolution of disputes

9.1 Except to the extent you need to contact us to inform us of any breach of these Terms of Use, you agree not to involve, or attempt to involve us, in any dispute or in the resolution of disputes that arises between you and another user of the website.
9.2 If you wish to notify us of any dispute you have with us, you should contact queries@spcoldboys.co.nz

 

10. Privacy statement

10.1 Cookies are small pieces of information that are stored in a browser-related file on your computer’s hard drive when you use the website.  Cookies are widely used on most major websites.  The Website uses cookies/web measurement tools to count how many people are using the Website and assess how they are using it so that we can improve your experience when using the Website.]
10.2 The information you supply to us through login information, feedback, and online forms will be held by us and used for the purposes of administering this website and for facilitating the provision of services and organisation of events by us.
10.3 You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information.  If you want to check your personal information that we may have collected from you and hold (or to request the correction of any such information), please write to queries@spcoldboys.co.nz .
10.4 Personal information will only be disclosed to third parties as necessary to provide you with services for goods which you have requested with your consent, or unless we are obliged to disclose information in compliance with the Privacy Act. We will never sell your details with any third parties. If you have any questions or concerns, please contact us.
10.5 External sites that are linked to or from this site are generally not under our control or responsibility and you are advised to review their privacy statement.

 

11. General

11.1 No waiver
If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights.
11.2 Entire agreement
These Terms of Use and any additional terms referenced on the Website constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us, relating to the subject matter of these Terms of Use.
11.3 Remedies cumulative
The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by these Terms of Use or Law.
11.4 Severance
If any provision of these Terms of Use become or is held to be illegal, invalid or unenforceable in any respect, that provision shall be read down to the extent necessary to make it legal, valid and enforceable or, if it cannot be read down, be deemed severed from these Terms of Use.  Neither such change shall affect the legality, validity and enforceability of the other provisions of these Terms of Use.
11.5 Governing law
The Website and these Terms of Use is governed by the laws of New Zealand.  When you access the Website, you submit to the exclusive jurisdiction of the New Zealand courts.