Terms of Service

Participating in all that the NZbizaspirant website and community has to offer necessitates we have your agreement to the following terms and conditions.

  1. The basics

  • The website is owned and operated by N & NN Business Aspirant Ltd.
  • You must be 18 years of age or older to use our service.
  • By registering any details with us, through the act of becoming a member, you warrant that you are 18 or older and that you are registering yourself or are duly authorized to register on behalf of the person whose details you are entering and you have made that person aware of these terms.
  • A benefit of membership (as outlined in our ‘Sign Up’ page) is receipt of our regular email newsletters. You may unsubscribe at any time, or update your details by following the links in the footer of each email newsletter.
  • We provide our services to you subject to the following Terms, which may be updated occasionally, at our sole discretion, with or without notice to you. The most current version of these Terms will always be on this page of the website and will supersede all previous versions. There will always be a link to the most current Terms on the ‘Terms, Conditions & Privacy Policy’ page. By continuing to use, visit, or browse our website, you agree to be bound by the current version of these Terms.

Note: From time to time within this website or via direct communication, we may require you to accept additional Terms and Conditions.

Changes to these terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

Accessing our sites

Unless otherwise stated for particular site, or any content and/or functionality on a site, our sites are made available free of charge.

We do not guarantee that our site, or any content or functionality on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

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 other applicable terms and conditions, and that they comply with them.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you use a social media login function, you must keep your social media account details confidential and must not allow any third party to access or use your social media account.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@nzbizaspirant.co.nz and provide any relevant details, including the site it is in reference to.

  1. Access if residing outside New Zealand (International Membership)

We do not represent or warrant that this website or content contained herein complies with the laws of any country outside of New Zealand.

If you reside outside New Zealand and access and use this website, you do so at your own risk.

Free Membership, including directory listings and forum participation, is generally restricted to businesses residing and operating in New Zealand.  This has been instigated as an essential response to excessive levels of spam and is necessary to maintain the integrity of our community.

At our discretion, we may permit solo or micro businesses from other locations where:

  • The products or services are in demand by our members
  • There is a proven history of trade with New Zealand solo and micro businesses
  • A new level of expertise is brought to the community
  • NZbizaspirant community guidelines are fully respected

Anyone suspected of listing purely as a promotional ‘link building’ strategy or who fails to adhere to our Terms & Conditions and/or our forum guidelines will be removed instantly.

  1. Our obligations to you

We provide, whether regularly or from time to time, the following service(s):

  • Online knowledge base
  • Discussion forums
  • Membership, where you may choose your own ID and password
  • Member Directory
  • Self manage your personal details

  1. What we don’t provide

We may like to think we provide everything, but alas we cannot. Here’s what we need to say on this topic:

i. We take no responsibility for the content posted on the website, but reserve the right to remove or edit any material posted on the website, at our sole discretion.
ii. We do not agree to provide this service forever and at any time and for any or no reason, we may: limit, deny, modify or discontinue the service with or without notice to you.
iii. Reasonable care has been taken to ensure that all information is true and correct, however, due to the nature of this site, it may contain inaccurate information, whether due to error or omission of the webmaster or third party providers of information. Please advise the webmaster if you believe that there are any errors or omissions.

iv. Some hyperlinks on our website may lead to other websites that are not owned or controlled by us. We have not reviewed these sites and have no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. We make no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses, Trojan horses, worms or otherwise impact upon your computer, nor do we warrant that any goods available via third party sites are fit for purpose or of merchantable quality or that services available via third party sites will be provided in a proper and professional manner.

  1. Your obligations to us

In a nutshell, play nicely and honestly. In small print this translates to:

i. You represent and warrant that all information you supply to us is complete and accurate.
ii. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. It is your responsibility to provide and maintain an accurate and working email address, delivery address, telephone number, at all times.
iii. You agree not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with our website.
iv. You agree that you might encounter illegal, obscene, threatening, vulgar, defamatory, or otherwise objectionable material on our website, for which we will not be liable. You should report such material to us so that we might take steps to remove it, although we are not obliged to do so.
v. You warrant that the material you upload to the website does not infringe any third party’s rights, be it copyright or other rights.
vi. You agree not to interfere in any way with the servers or networks connected to our website, or to violate any of the procedures, policies, or regulations of networks connected to our website, the terms of which are incorporated herein.
vii. You agree not to conduct yourself in an offensive manner while using our service and/or our web site, impersonate any other person while using our website, or use our website for any unlawful purpose.
viii. You agree not to post statements that are illegal, obscene, threatening, vulgar, defamatory, or otherwise objectionable to us or other users.
ix. You agree not to use a false email address or otherwise mislead us or other users regarding the origin of such content. We reserve the right to remove or edit such content at any time without notice.
x. You agree not to stalk or harass other members.
xi. You agree that we are free to use any of the comments, statements, information, ideas, concepts, reviews, hints, or techniques contained in communications you send to us, without further compensation, acknowledgement, or payment to you, for any purpose whatsoever. Furthermore, by posting information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce, or modify that information.
xii. You agree to indemnify us and agree to keep us and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agent indemnified from and against all actions, claims, demands, notices, losses, damages, costs and expenses of any nature whatsoever suffered or incurred by us and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agents by reason of any breach or non performance by you of any of these Terms.
xiii. You agree not to use our services to transmit files containing viruses, Trojan horses, worms, or other harmful content.
xiv. You agree not to promote or engage in pyramid schemes, chain letters, junk mail, spamming or flaming using our services.
xv. You may not assign or transfer your membership or membership rights to anyone.
Please note: When participating in NZbizaspirant’s forums you agree to abide by the additional guidelines published for that section of our website.

  1. Limitations on liability

i. The content of our website and the services we deliver are provided “as is.” If you are considering making a decision based on information on this site which may cost you money, you are in the best position to guard against loss and damage and so you agree that you make such decisions entirely at your own risk. ‘Information’ includes articles, comments on those articles and forum posts.
ii. Access to the site is not warranted to be uninterrupted or fault free. Our services may be interrupted at any time, or cease operation altogether. We take no responsibility for any failures, delays, or interruptions in the delivery of any content contained on our website.
iii. We make no representations or warranties, whether express or implied, of any kind about the accuracy, completeness, currency or functionality of the information available via our website. We assume no liability or responsibility for any errors or omissions in the content of our website. Under no circumstances shall we or our principals, shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our website. It is your responsibility to evaluate the information, opinion, advice, or other content available through our website.
iv. To the full extent permissible by law, we are not responsible for any losses or damages arising from the use of the content provided on our website, or for any conduct by users of our website.
v. ln no event shall we, our principals, shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of any games or the information on our website. if any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Uploading content to our site
Our site enables you to upload and share text, images, photographs, logos, data, information, views, graphs and/or other materials (Content). The ways in which you might publish and share Content on our site include (but are not necessarily limited to):
(a) articles;
(b) blog posts; and
(b) community content (including forum posts and user comments).
When posting Content as an article [or blog post], you undertake and agree that:
• the Content is your own original work and is not copied or adapted from any third party work without their consent;
• you have not recently published identical or substantially similar Content elsewhere on the internet;
• you will not publish such Content on other third-party sites without including a hyperlink source reference to our site;
• the Content shall be accurate in all material respects;
• we may review the Content prior to publication on our site and may make reasonable changes to the Content and/or reject publication of the Content in part or in whole.
Whenever you make use of a feature that allows you to upload Content to our site, or to make contact with other users of our site, you must comply with our acceptable use & content standards (see section below).
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any Content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us a non-exclusive, royalty-free, perpetual, worldwide licence (including the right to sub-licence) to use, store, copy, modify and adapt that Content and to distribute and make it available to third parties.
You warrant and represent that We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of our site.
We have the right to remove any posting you make on our site for any reason whatsoever including if, in our opinion, your post does not comply with the acceptable use & content standards set out below.

The views expressed by other users on our site do not represent our views or values.

Please note: Where it is not possible to totally exclude liability, to the fullest extent possible, liability is limited to re-supply or the cost of re-supply of the defective services, at our option.

  1. Intellectual property

i. All content and data included on our website, including but not limited to graphics, text, logos, button icons, and software, is our property, or our suppliers and contributors and is protected by copyright laws. No content may be reproduced or used without express written permission from us and any other copyright holder.
ii. Any images of persons or personalities contained on our website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
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.

  1. Complaints

i. Please direct complaints about content on our website, forum discussions, article comments via this form.
ii. Various graphics, text and links are provided by third parties. The material may be inaccurate or infringe the rights of third parties. lf you believe any material infringes your rights or those of a third party, or is misleading, deceptive, likely to mislead or likely to deceive, please write to us via this form providing the following information:
• Evidence of authority to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, our agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.

  1. Right to terminate

i. We reserve the right to terminate or restrict your membership, or the use of our services without notice, at our sole discretion, but we will terminate you membership if:
• You breach these Terms;
• We cannot verify or authenticate the registration information you provide;
• We, in our absolute discretion, decide that you have ceased to use your account;
• We decide to cease providing our service.
ii. You may terminate your membership at any time by removing your details via the user control panels. This action does not automatically result in the removal of comments you may have made throughout the site, or comments others may make about you or your business. Comments may be removed at our discretion and subject to consideration of the following information you will need to submit via this form:
• A description of where the material that you claim should be considered for removal is located on the site;
• Your address, telephone number, and email address;
• Your reason(s) for requesting removal.

10. Miscellaneous provisions

i. Notices may be given to you at your last known address or email address. Notices to us can be sent via this form.
ii. This Agreement will be governed by and construed according to the law of New South Wales and the parties consent to the exclusive jurisdiction of the State of New South Wales in respect of any litigation that might arise in relation to our website.
iii. lf any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.

Acceptable use & Content standards

a. Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out below);
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use;
  • not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

b. Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

• Comment features.
• Bulletin boards.
• Question and answer features.

(Interactive services).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

All interactive services are subject to fair usage and we reserve the right to suspend or delete any user account which is using any of the interactive services excessively or otherwise in breach of these terms of use.

c. Content standards

These content standards apply to any and all Content which you contribute to our site and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards.
Contributions must:

• be accurate (where they state facts).
• be genuinely held (where they state opinions).
• comply with applicable law in the New Zealand and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person;
• Contain any material which is obscene, offensive, hateful or inflammatory;
• Promote sexually explicit material;
• Promote violence;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person;
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Promote any illegal activity;
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• Be likely to harass, upset, embarrass, alarm or annoy any other person;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• Give the impression that they emanate from us, if this is not the case;
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

d. Private messaging

Our site may enable you to send private messages to other users. If it does do so, you agree that our acceptable use & content standard apply to any such private messages. For the avoidance of doubt, We have the power and right to access and review all private messages transmitted via our site and may do so in our sole discretion if we think it is necessary or if we receive a report of abuse from another user.

e. Suspension and termination

We will determine, in our discretion, whether there has been a breach of our acceptable use & content standard through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with our acceptable use & content standards constitutes a material breach of the terms of use, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our site;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of our terms of use, including our acceptable use & content standards. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Third party resources and links in our site

Our site may contain features, articles and other content which is published for and on behalf of, or is otherwise sponsored by, third parties. Such content is provided for information only and does not represent our views or opinions or an endorsement of any particular brand, product or service.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

We may also provide information about third party products and services, as well as the opportunity to purchase such products and services. In the event that you choose to do so, you will be taken to the relevant third party’s website in order to complete your purchase. The third party provider will have its own terms & conditions which you should read prior to using their site, or purchasing any products or services.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs 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. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out above.

If you wish to make any use of content on our site other than that set out above, please contact contact@nzbizaspirant.co.nz and please state the website it is in reference to.

User data removal

You have the right to request the deletion of your user account and personal data by contacting us at contact@nzbizaspirant.co.nz and please state the website it is in reference to.

Please note that the deletion of your account and/or personal data shall not affect any of your Content published on our site, which may continue to be stored by us and accessible by and other users of the site. Our right to store and use such Content in accordance with these terms of use shall be unaffected.

Content removal process

We may, but shall have no obligation to, monitor the Content published on our site and remove, edit and/or block, Content or accounts posting Content that we determine in our sole discretion violates these terms of use.

If you become aware of any Content which you believe may violate these Terms, is defamatory, offensive, illegal, or invades your privacy, please contact us immediately at contact@nzbizaspirant.co.nz with details and please state the website it is in reference to.

We will review the Content in question and determine whether it should be removed. As ‘innocent disseminators’ of the Content on this site, our policy is to remove Content only when there is a clear legal obligation for us to do so – we will defend our users’ right to freedom of speech if we have sufficient reason to believe that content was posted in good faith, without malice and is the honestly held opinion of the author.

We will notify you of our decision as soon as reasonably practicable. If you disagree with our judgment on the removal of Content and still wish it to be removed, we ask that you follow the requirements of the Pre-Action Protocol for Defamation. It is advisable to seek legal guidance on this if necessary.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by NZ law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

Please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked to from our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  1. Contact

lf you have a question or concern about these Terms, please contact us via this form or via snail mail to: New Zealand Business Aspirant – contact@nzbizaspirant.co.nz and we will respond pronto.

Thank you for spending time with NZbizaspirant, New Zealand’s first interactive platform for New Zealand’s Businesses.