Terms and Conditions

1. GENERAL 1.1 www.gatherandhunt.co.nz and the services provided from such site, and any related mobile or other applications (our site) are operated by Gather & Hunt Ltd. We are registered in New Zealand under company number 3290918. 1.2 These terms of use explains the terms on which you may make use of our site. 1.3 Please read these terms of use carefully before you start to use, or register on, the site. By using, accessing or registering on our site, you indicate that you have read, understood and accept these binding terms of use, together with our privacy policy and that you agree to abide by them. We encourage you to read these terms of use, and contact us on courteney@gatherandhunt.co.nz if you have any particular questions in relation to our site. If you do not agree to these terms of use, you should refrain from using our site in any manner. 1.4 Our site is an interactive online magazine and directory providing: (a) you with the capability to collect your favourite places within our directory and create itineraries using the Scribbles application. 1.5 These terms of use help to keep our site a safe place. We would like to build our site on trust, and compliance with these terms of use help ensure trust amongst all members of the gather and hunt community. 1.6 In these terms of use “you” includes anyone acting on your behalf or with your express or implied authority. 2. ACCESSING OUR SITE 2.1 Access to our site is permitted on a temporary non-exclusive basis, and we reserve the right to withdraw or amend our site without notice (see below). 2.2 We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to our site (wholly or partly). 2.3 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use, and that they comply with them. 2.4 Access to subscriber only pages of our site is only available to current, approved and registered users. Acceptance of such subscription is at our absolute discretion. In order to become a registered user, you will need to: (a) be a registered subscriber; (b) legally able to enter into contractual relations; (c) not be prohibited from having a gather & hunt account. 2.5 We will not issue more than one gather & hunt account to the same email address. You will remain responsible for anything that happens through your account. 2.6 If you choose, or you are provided with, log-in details, a user identification name, password or any other piece of information as part of our security procedures (log-in information), you must treat such information as confidential and keep it secure, and you must not (a) disclose it to any third party; (b) store such log-in information in any form, whether encrypted or encoded or otherwise, in any location where such information could be copied, utilised or distributed by any other person, virus, software or any other third party; (c) allow or enable a third party to access our site via your log-in information (whether on a paid basis or otherwise); (d) sell, trade, or otherwise transfer your account and log-in information to another party. If you are aware of any unauthorised use of your log-in information, or if your log-in information has been compromised or known to a third party, you must immediately notify us. Notice provided by you in these circumstances does not release you from your responsibilities under these terms of use. We have the right to disable any log-in information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. 2.7 By using our site, you agree that we, and our directors, officers, employees and agents, are not responsible for any losses arising from fraud, or scams, including, without limitation, where such fraud or scams arise as a result of any conduct with third parties introduced via our site. 2.8 We may offer, or use, our site for advertising or promotional purposes, including, without limitation, advertising or promoting third parties. Any such advertising or promotional arrangement will be subject to these terms of use (as the context permits) and our license or advertising terms, as may be updated from time to time. Please contact us if you are interested in such advertising or promotional arrangement. 2.9 We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these terms of use or to otherwise ensure trust amongst all members of our portal community. 4. INTELLECTUAL PROPERTY, SUBMISSIONS AND CONFIDENTIALITY 4.1 We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our site (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved. 4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. 4.3 You must not modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. You must also not use the site for the purposes of scraping, spidering, crawling or other technology or software used to access data. 4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. 4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. 4.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 4.7 You own the information and content you provide via, or upload onto, the site, and you may request its deletion at any time. You grant us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, improve, distribute, publish, remove, retain, add, process, use and commercialise, in any way now known or in the future discovered, any information you provide, directly or indirectly to us, including, but not limited to, any user generated content you submit to us without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. 4.8 By providing information and content to us, you represent and warrant that you are entitled to submit it and that it is accurate and does not infringe the rights of any third party. 4.9 We do not pre-screen, monitor, vet or edit any scribbles submissions or content and the views expressed are those of the contributor and not necessarily our own. Although we do not pre-screen, monitor, vet or edit submissions or content, we have the right at our sole discretion to remove any submissions or content that, in our judgment, do not comply with these terms of use or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such submissions or content. 5. INFORMATION POSTED 5.1 Commentary and other materials posted on, or via, our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials, and any decision resulting therefrom, by any visitor to our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials will not infringe the rights of any third parties. 5.2 We attempt to be as accurate as possible when we describe our content on our site, however, to the extent permitted by applicable law, we do not warrant that the role briefs, information or other content available or offered on, or via, our site are accurate, complete, reliable, current or error-free. 6. OUR SITE CHANGES REGULARLY 6.1 We aim to update our site regularly, and may change content at any time. 6.2 If the need arises, we may suspend access to our site or close it indefinitely. We may also suspend access immediately, at any time without giving you notice, if we believe there are security concerns related to the site. 6.3 We will use reasonable endeavours to ensure our site contains accurate information and content however, we reserve the right to update our site as soon as an inaccuracy or error is brought to our attention. 7. DISCLAIMERS 7.1 The role briefs, information, content, standard, quality and specifications displayed on our site are provided “as is” and without any guarantees, conditions or warranties as to its accuracy, completeness, suitability reliability, currency or fitness for purpose and they are provided as general background information, of a general nature. 8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE 8.1 We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 8.2 In order to become a registered user through our site, subscribe to our newsletter service, or otherwise, you will be requested to provide your personal details, in particular, your real name, e-mail address and other requested information. 8.3 You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law in any jurisdiction, or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (a) comply with the law or legal processes; (b) enforce these terms of use; (c) implement or activate the workings and functionality of our site; (d) respond to claims of an infringement of the rights of third parties; (f) protect our rights or property or those of our users or the public. 9. VIRUSES AND HACKING 9.1 You must not misuse our site by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. 9.2 Whilst we do our best to ensure that our site is virus-free, you acknowledge that the Internet may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. 9.3 We always recommend all Internet users ensure they have up to date virus checking software installed. 10. LINKING AND FRAMING 10.1 You may link to our home page. 10.2 Any links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. 10.3 Our site must not be framed on any other site. 11. LINKS FROM OUR SITE 11.1 Where our site contains links or references to other sites, resources, jobs, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, jobs, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of, or involvement with, them (notwithstanding anything else contained herein). 11.2 Your linking to or from these sites, or use of, or reliance on such sites, resources, jobs, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites of third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, jobs, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits). 12. TERMINATION 12.1 We may terminate these terms of use (and your subscription and account) for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your account includes disabling your access to our site and may also bar you from any future use of our site. 12.2 We may restrict, suspend or terminate your account if you abuse or misuse our site, including, without limitation, abusing the Scribbles service, creating multiple or false profiles, using our site commercially without our authorisation or infringing any intellectual property rights or breaching these terms of use. 13. FORCE MAJEURE 13.1 We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network. 14. JURISDICTION AND APPLICABLE LAW 14.1 These terms of use or any claim, cause of action or dispute arising out of or related to these terms of use, or the access or use of our site, shall be governed by the laws of New Zealand, regardless of your country of origin or where you access or use the site and notwithstanding of any conflicts of law principles. Notwithstanding the foregoing, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 14.2 Our site is available only to people who can form legally binding contracts under applicable law. 15. VARIATIONS 15.1 We may revise these terms of use at any time by amending this page or by posting notifications via banners, emails or mobile application. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. Any changes are effective immediately upon posting to our site. Your continued use of our site thereafter constitutes your agreement to all such changed terms of use. 15.2 If you do not agree to any change, then you must immediately stop using our site. 16. RELATIONSHIP 16.1 No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms of use. 17. SEVERABILITY & WAIVER 17.1 If any provision in these terms of use is found to be invalid or unenforceable by a court of law [appropriate state or territory], such invalidity or unenforceability will not affect the remainder of these terms of use which will continue in full force and effect. 17.2 Our failure to act with respect to a breach of these terms of use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. 18. YOUR CONCERNS 18.1 If you have any concerns or complaints about material or submissions which appears on our site, please contact courteney@gatherandhunt.co.nz. If you managed to get all the way down here, good on you! Thanks for visiting us.