Terms and Conditions
1. Acceptance of terms and conditions: These terms and conditions are the terms on which Aorata allows you access to the web site. By entering and browsing the pages of the website you accept these terms and conditions. If you do not accept these terms and conditions you must immediately cease browsing these pages and exit the website immediately.
2. Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Aorata from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued browsing of the pages of this web site represents your agreement to be bound by the terms and conditions as amended.
3. Terminology: In these terms and conditions, the following expressions have
the meanings set out:
4. Your Obligations:
4.2 You must not attempt to damage, interfere or harm the web site, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.
4.3 You must not and must not permit others to:
b. Use the web site in any manner that infringes the intellectual property rights or other rights of Aorata or any other party.
4.4 As Aorata is not a party to any sale or transaction between you and an Advertiser, you agree not to involve, or attempt to involve, Aorata in any dispute or in the resolution of disputes that arise between you and an Advertiser.
4.5 You undertake that will not use any email address, telephone, fax, cell phone, address or other contact details provided to you at your request relating to an Advertiser for any purpose other than to contact the Advertiser about the specific property or business appearing in their Advertisement
b. your use of the web site and any software associated with it is at your sole risk. The web site and any associated software is provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 10.3, Aorata disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
c. Responsibility for the content of Advertisements appearing on this web
site (including hyperlinks to Advertisers' own websites) rests solely with the
Advertisers. The placement of such advertisements on the web site does not
constitute Aorata's recommendation or endorsement of the advertised property.
The Advertiser is solely responsible and liable for any representation made in
connection with their Advertisement and any web site referred to in that
d. Advertisements are not pre-screened for content. We accept not responsibility for any content.
5.2 Aorata does not warrant that:
5.3 No advice or information that is obtained by you from Aorata or anyone else shall create any warranty by Aorata that is not expressly stated in these terms and conditions.
6.2 Without limiting the foregoing, under no circumstances shall Aorata be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
6.3. To the full extent permitted by law and other than as specifically set out in this agreement, Aorata excludes all implied and express terms, conditions and warranties, including warranties as to the fitness of the web site for a particular purpose.
7. Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction, or arising out of any content or item an Advertiser may make available through the web site.
8. Alterations/Modifications to Products, Services or Web Site: We reserve the right to alter or modify the web site from time to time, which may include the addition or withdrawal of features.
9. System Integrity: We will use its reasonable endeavours to ensure the availability of the web site, subject to any downtime required for maintenance. However, and without prejudice to clause 6.2, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the web site being unavailable. Further, we assume no responsibility for the corruption of any data or information held by us.
10. Force Majeure: Without prejudice to clause 6.2, Aorata has no liability for any lack of performance, unavailability or failure of the web site, or for any failure of Aorata to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Aorata.
11. No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
12. Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
13. Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
14. Intellectual Property Rights: Aorata (or suppliers, as the case may be)
owns all proprietary and intellectual property rights in the web site (including
text, graphics, logos, icons and sound recordings) and the software and other
material underlying and forming part of the services and the web site. You may
not without our prior written permission, in any form or by any means:
15. Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
16.2 You agree that Aorata may use the personal information we have collected as detailed in clause 16.1 above to assist us to provide access to the web site and its content to you, for internal research purposes, to verify your identity, for promoting and marketing other Aorata products and services to you, and for any other use that you authorise.
16.3 We will not sell or allow third parties to access your personal information without your consent, however you agree that Aorata may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this agreement at any time.