Membership Platform Terms of Use

1)  When these terms apply

Your access and use of the Membership Platform (including all content available on the Membership Platform) is subject to these terms and conditions (Terms). By accessing and/or using the Membership Platform, you agree to be bound by these Terms. If you do not accept these Terms, you should not access or use the Membership Platform.

2) Your use of the Membership Platform

2.1 You agree to use the Membership Platform in a manner that:
(a) complies with all applicable laws and regulations; and
(b) does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the Membership Platform.

2.2 You must not:
(a) take any action or attempt to take any action that could compromise the use, security or normal operation of the Membership Platform, or any network, software or system underlying or connected to the Membership Platform;
(b) attempt to gain unauthorised access to the Membership Platform, any products or services provided via the Membership Platform, or any accounts, computer systems or networks relating to the Membership Platform, whether through hacking or by any other means; or
(c) do or omit to do anything when accessing or using the Membership Platform which is illegal, fraudulent, defamatory or objectionable, or which may bring our reputation into disrepute.

2.3 You must keep the username and password required to access the Membership Platform secret and secure. You will immediately notify us of any unauthorised use of your username and password or any other breach of security. You further agree not to disclose your username or password to any third party person without our express written consent. We will not be responsible or liable for the security of your username or password, or for any unauthorised access or use of your Membership Platform account.

3) Content

3.1 The content on the Membership Platform is obtained from various sources (including from third parties). While we have made every effort to ensure that the content on the Membership Platform is complete and accurate, we do not provide any warranties or guarantees (whether express or implied) that the content is complete, accurate, timely, reliable or suitable for what you want to use it for. Furthermore, any views or opinions expressed on the Membership Platform are solely those of the original author and/or contributors, and may not represent those of NZYF.

3.2 If you add any content (including without limitation documents, text and images) to the Membership Platform you agree that:
(a) you have the legal right to use that content, and the use of that content will not breach any person’s intellectual property rights;
(b) you will not add any content which we might consider to be offensive, harmful, inaccurate or inappropriate; and
(c) to the best of your knowledge, the content does not contain any viruses.

3.3 By adding content to the Membership Platform, but subject to our Privacy Policy, you grant us a non-exclusive, transferable, royalty-free, perpetual, worldwide and irrevocable licence to use that content for the purposes for which the Membership Platform exists.

4) Privacy

If you give us any personal information when using the Membership Platform, you consent to us holding, using and disclosing that personal information in accordance with our Privacy Policy and the Privacy Act 2020. A copy of our Privacy Policy can be found here.

5) Intellectual Property

We or our licensors own all copyright and other intellectual property rights in:
(a) the Membership Platform; and
(b) all content on the Membership Platform (subject to clause 3.3),
and reserve all our rights in this regard. You must not copy, store adapt, alter, broadcast, hyperlink, reproduce, distribute, transmit or modify in any way all or any part of the Membership Platform or any content contained on the Membership Platform without our express prior written consent.

6) Hyperlinks

6.1 The Membership Platform may contain hyperlinks to other websites which are not operated by us. These links are provided for convenience only. We will not investigate or monitor links to other websites, and you link to them at your own risk. We are not responsible for the content contained on any linked website, and any such link should not be taken as an endorsement of the website or products/services offered on that website.
6.2 You agree not to create any links from external websites to the Membership Platform except with our prior written consent.

7) Disclaimer and Indemnity

7.1 We give no warranties as to the performance, reliability or availability of the Membership Platform, and we are not responsible or liable for any loss incurred due to:
(a) errors or bugs in the Membership Platform; or
(b) access to the Membership Platform being interrupted or unavailable.
You acknowledge that the Membership Platform is provided without warranties or conditions of any kind (other than warranties or conditions which may not be lawfully excluded) and that you use of the Membership Platform and content contained on the Membership Platform is at your own risk.
7.2 To the fullest extent permitted by law, we will not be liable to you for any direct or indirect (including without limitation special and consequential) loss, cost, expense, liability or damage arising out of your use of the Membership Platform (including any content contained within the Membership Platform) or any linked website. If for any reason we cannot rely on this exclusion of liability, the maximum aggregate liability we will have to you is $100.
7.3 You agree to indemnify us and our officers, employees, agents and contractors against any loss, cost, expense, liability or damage any of them may suffer or incur arising directly or indirectly as a result of, or in connection with, your use of the Membership Platform.

8) Termination

8.1 We may immediately terminate your right to use the Membership Platform and the content contained in the Membership Platform if you:
(a) breach any of these Terms;
(b) cease to be a member of NZYF for any reason;
(c) use the Membership Platform for an illegal or improper purpose as determined by us; or
(d) use the Membership Platform in a way which we consider may bring us into disrepute.

8.2 On termination of your right to use the Membership Platform for any reason, you must cease all activities authorised by these Terms.

9) Other Policies

We may from time to time prescribe certain policies, protocols and rules applying to some or all users of the Membership Platform (Rules). You agree to comply at all times with any applicable Rules, and any revisions, updates or changes to the same.

10) General

10.1 We reserve the right to amend all or any part of these Terms at any time. Revised Terms will be posted on the Membership Platform and will be effective immediately unless otherwise stated. By accessing or using the Membership Platform after any amendment takes effect, you agree to be bound by and comply with the Terms as amended. If you do not agree to any amendment, you must stop using the Membership Platform immediately.
10.2 Any failure by use to enforce any provision of these Terms does not constitute a waiver of that provision.
10.3 Each clause of these Terms is separately binding. If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions will continue to be valid and enforceable, and the offending provision deemed to be amended to the minimum extent required by law to be valid and binding.
10.4 These Terms are governed by the laws of New Zealand, and you submit to the exclusive jurisdiction of the New Zealand courts in any proceedings which may arise.