These terms and conditions (“T&C”) apply to all users of listener.co.nz (“Site”) and its associated services. By using the Site you will be deemed to agree to these T&C without qualification. If you do not agree to be bound by these T&C, please do not use the Site or continue to use the Site.
Username and Password
Access to some services or content may require registration. This will result in you being allocated a user ID and password that must be used whenever requested. That username and password are personal to you and you agree at all times to maintain the confidentiality of your username and password and not to disclose them to any third party. You agree that you are solely responsible for any use of the Site by any person using your username and password. You agree to indemnify Bauer Media Group (“NZ Listener”) against any and all claims arising out of your failure to maintain the confidentiality of your username or password.
You understand that NZ Listener may for security and technical reasons at any time in its sole discretion and without prior notice to you, prohibit or restrict your access to the Site. NZ Listener will notify you as soon as possible of any restriction to your access rights.
You agree that NZ Listener provide no advice or endorsement of any kind and nor do NZ Listener give any advice or offer any opinion with regard to the value or suitability of any particular transaction or course of action. The availability of information through the Site does not constitute a recommendation by NZ Listener to enter into any transaction or follow any course of action. Any decision that you make must be based solely on your own evaluation of your circumstances and objectives. NZ Listener recommends that you independently verify the accuracy, currency or reliability of any information made available via the Service and upon which you intend to rely.
Information and warranties
NZ Listener and its information, contributors, and associated service providers do not give any warranty whatsoever, including without limitation, as to the availability, accuracy, completeness, currency, or reliability of the information or services made available via the Site and expressly disclaim (to the maximum extent permitted in law) all liability for any damage or loss resulting from your use of, or reliance on the Site or the information provided via the Site. The site services and information are provided on an “as is” basis. NZ Listener make no warranty that the Site will be free from viruses or any kind of malicious code whatsoever.
No link appearing in the Content and no linked site is endorsed by NZ Listener and no responsibility is taken for material on any linked site. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify NZ Listener against any liability arising out of your accessing any linked site.
You acknowledge that NZ Listener is the proprietor or the authorised user of the copyright, trademarks and all other intellectual property rights (“IP Rights”) in the software, text, graphics and other material (“Content”) displayed or available through the Site.
Unauthorised use of the Content is strictly prohibited and may infringe the IP Rights in the Content. No content may be reproduced, published or transmitted in any manner without the prior written consent of NZ Listener.
In particular and without limitation, you may not without prior written permission from NZ Listener:
– archive the Content or any part of it;
– form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
– redistribute or republish the Content ; or
– link to the Site including (without limitation) linking in any way which frames the Site; replicates the Site or misleads any person regarding any association with the Site; or your association with NZ Listener or otherwise whether implicitly or expressly.
User Generated Content
Photographs and video may be sent to the site as user-generated content. NZ Listener reserves the right to store electronically any pictures sent in by nzlistener.co.nz readers and to use the images free of charge in any of its online and print publications. Amateur photographers retain the copyright to their photographs or videos if they are to be published elsewhere.
You acknowledge that your use of the Site and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, NZ Listener and its service providers do not make any warranty that the Site or services will be error free, without interruption or delay or free from defects in design or engineering.
To the maximum extent permitted in law you specifically agree to indemnify and hold NZ Listener harmless from any and all claims relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph Site means and includes any linked site.
The illegality, invalidity, or unenforceability of any part of the T&C will not affect the legality, validity, or enforceability of the remainder.
NZ Listener may vary these T&C from time to time. By continuing to use the Site after a Variation has been posted on the Site or after you have been notified of a Variation you will be deemed to agree to the varied T&C.
NZ Listener may immediately terminate this agreement without liability if it reasonably believes you are in breach of these T&C or wishes to withdraw the Site or any part of it.
These T&C and your use of the Site will be governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand Courts.