Scope of these Terms and Conditions
These Terms and Conditions cover the travel site [www.newzealand.com] with the following exceptions:
Your use of this Website
In order to access certain information and features offered on this Website, you must create an account. To create your account, you must complete your account registration details in the manner described on this Website [including selecting a username and password which we will use to verify your identity when you use this Website]. You must ensure that your account registration details are complete and accurate when submitted to us, certify that the information that you have given is true and correct, and you must keep your account registration details up-to-date. We may at our discretion [at any time and without notice to you] suspend or terminate your account, or your ability to use any features available through this Website.
Your username and password
Your account registration details [including your username and password] are personal to you. You must always maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this Website by any person using your username and password and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your username or password. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
We will not be liable for any loss that you may incur as a result of someone else using your password or account [whether with or without your knowledge]. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
This Website enables you and other users to submit content [‘user content’] that will be made available through the Website for the purpose of promoting New Zealand as a tourist destination. You must ensure that you have all necessary rights [including appropriate licences] to submit or supply the user content to the Website.
By creating, modifying, transmitting, uploading, or submitting any user content, you: grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to publicly display, communicate to the public, and make the user content available [by all means and in any media now known or hereafter developed] to other users of this Website and other users of our services in such manner as we may permit from time to time; and acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your user content, or for the granting of the rights described above.
You are solely responsible for the user content that you make available through the Website. You represent and warrant that any user content you make available: does not infringe any copyright, privacy right, or any other right of any third party; and does not contain any matter that is defamatory, offensive, unlawful or that may damage the reputation of TNZ or the New Zealand tourism industry.
You shall fully indemnify and hold harmless TNZ for any loss, damage, claim, cost or expense [including legal fees on a solicitor/own client basis] which may arise as a result of any action or claim that may be made or initiated against TNZ by any person making a claim in relation to your actions or the user content that you make available.
We have no obligation to you to make this Website or any user content available. User content may be identified by users of the Website as being ‘inappropriate’. In such event, and TNZ may on a case by case basis review and decide, in TNZ’s absolute discretion, to remove such content. We may at any time edit, refuse to display, or remove any part of this Website [including your user content] as we deem appropriate.
Embedded content [including embedded images and embedded video content] on this Website that is identified with a blue "Your Photos" or "Your Videos" circle are embedded from a third party hosted site. Embedded content is subject to the licence terms of the location at which such content is hosted or the licence terms imposed by the owner of such content. Embedded content may be used or linked to only in accordance with the terms of the relevant licence. You are liable for any consequences of failure to comply with those licence terms.
The materials displayed on this Website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other property rights that may subsist in this Website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors [together, ‘our intellectual property’].
Except as permitted in the ‘embedded content’ or ‘copyright clearance and permission to use’ sections or with our prior written permission in other cases, you may not in any form or by any means: use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate or otherwise deal in any way with our intellectual property; or commercialise any information, products or services obtained from any part of this Website.
Copyright clearance and permission to use
Images on this Website that are not identified as "Your Photos" [in which case the terms of the ‘Embedded Content’ section apply] may be used or reproduced only with our express consent in each instance. You can request consent by applying to us through our image library website http://images.newzealand.com/.
The 100% Pure New Zealand television commercial [‘TVC’] on this Website is subject to our copyright and may not be downloaded, broadcast, or otherwise reproduced in any way. You may however view and display the TVC on other websites by streaming it directly from this Website.
You may from time to time request our consent to use certain material or other content that appears on this Website. If we grant such consent it shall be subject to the following conditions:
The copyright notice below must appear on all copies of such material or content;
"Copyright © 2010 Tourism New Zealand [or its licensors], 147 Victoria Street West, Auckland, New Zealand. All rights reserved."
The trade marks appearing on this Website belong to us, our suppliers or our licensors. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without, in the case of our trade marks, our prior written permission or, in the case of third party trade marks, the written permission of the owner the relevant trade mark.
All software and accompanying documentation [‘Software’] that is available to be downloaded from this Website is protected by copyright. The ownership of such Software is retained by the copyright holder and is not transferred to you. You are licensed to use the Software in accordance with the terms of the relevant licence agreement for such Software. You must read and confirm your acceptance of the licence agreement that accompanies each item of Software prior to downloading that Software.
Feedback and unsolicited submissions
We do not give any warranty or other assurance as to the content of material appearing on this Website, its accuracy, completeness, timeliness or fitness for any particular purpose.
To the maximum extent permitted by law, we provide this Website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind [whether, express, implied, statutory or otherwise] including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
Neither TNZ or our suppliers will, under any circumstances, be liable under the law of tort, contract or otherwise for any loss of income, profits, data or savings or for any indirect, incidental, consequential, exemplary, punitive or special loss or damage of any party [including third parties], however caused, arising out of or in connection with the use of the Website or the reliance on any information on this Website.
If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services.
Your use of this Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this Website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should this Website or the services supplied through this Website become unavailable, interrupted or delayed for any reason.
Although we endeavour to prevent the introduction of viruses or other malicious code [together, ‘malicious code’] to this Website, we do not guarantee or warrant that this Website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this Website does not expose your computer system to the risk of interference or damage from malicious code.
Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to [or alteration of] your transmissions or data or of the information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this Website or any outbound hyperlink.
Attention: Information Manager
Tourism New Zealand
PO Box 95, Wellington, 6140, New Zealand
Phone: +64 4 462 8023