These Terms and Conditions (Terms) set out the terms and conditions on which He Toronga Pakihi ki Taranaki (we, our or us) agrees to permit you to join or access the He Toronga Pakihi ki Taranaki Māori business network (Network) and associated services (the Services), including through our website, https://htpkt.maori.nz, and any related websites or applications operated by us or social media accounts related to the Network, (the Website). By joining or accessing the Network or using the Services or the Website you and/or the entity you represent (you, your) agree to be bound by these Terms, as altered by us from time to time. If you do not wish to agree to these Terms, including any updated version of these Terms, you must cancel your registration with and stop accessing the Network and/or or stop using the Services and the Website.
1. Our Services
1.1. The Network is a network of Māori Businesses in Taranaki, and it includes a directory of those Businesses that is accessible to the public. We provide the Network to facilitate Māori Businesses to promote themselves, to create a community hub for Taranaki based Māori Businesses and Professionals and to assist customers with finding a Māori Business.
1.2. While Businesses may be listed on the Website, we do not control or have any input into the operation of those Businesses and have no responsibility for the provision of any goods or services by those Businesses or any liability for their performance.
1.3. Inclusion of a Business in the Network does not imply a recommendation or endorsement by us, and each Business agrees that it will not represent that we recommend or endorse the Business without our prior written agreement.
2. Use of the Website
The information on the Website can be accessed and used by any persons who can form legally binding contracts under applicable law.
The terms in this section apply to Businesses or Professionals that register to be members of the Network.
3. Registering with the Network
3.1. You may register with the Network as a business (Business) if you identify as a Māori business through whakapapa or as an individual professional (Professional) if you identify as Māori through whakapapa. There are certain Services that will be available only to Businesses and Professionals that are registered with the Network.
3.2. You may only register with the Network as a Business if you are a genuine business that is offering goods and services within New Zealand.
3.3. If you register with us as a business entity or on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
3.4. We may decline to register you for any reason, and we are not obliged to state such reason.
3.5. We may provide Services and other opportunities to Businesses and/or Professionals from time to time. It is in our sole discretion what Services and other opportunities we provide and who we offer those Services and opportunities to. The terms of any Services or opportunities will be communicated to you at the time these are offered to you.
4.1. When you register with us as a Business (but not as a Professional), you will submit to us information and other content relating to your Business (Content) that will be used to build your Business profile for the Website (Profile).
4.2. You agree to us:
(a) publishing your Profile on the Website, which is available to the public;
(b) using your Content on social media accounts associated with the Network; and
(c) using your Content in case studies related to the Network, which we may publish on the Website, on related social media account or otherwise.
4.3. You acknowledge that while we will remove your Profile within a reasonable period of time after you cancel your registration with the Network, some of your Content may still be available on the Internet, for example through cached versions of the Website or on social media accounts associated with the Network.
5. Ending your registration
5.1. You can cancel your registration with the Network at any time by giving us notice in writing.
5.2. If you end your registration for the Network your Profile will be removed from the Website (if applicable) and you will not have access to the Services.
5.3. We may terminate or suspend your registration with the Network at any time, and remove your Profile from the Website, if we (in our sole discretion) consider that you have breached these Terms, breached any applicable law or have any other concerns about your conduct, whether related to the Network or not. You agree that you will have no claim against us for any deactivation or removal in accordance with this clause.
The terms in this section apply to all users of the Network, Website or Services.
6.1. You agree that you are responsible for keeping the information connected with you up to date.
6.2. You agree that, when you register for the Network, and whenever you provide us with any information or materials, either through the Website or in any other way:
(a) all information that you provide to us will be accurate, complete and up to date, and you will provide us with all information requested;
(b) you have all the rights necessary to provide the information and materials to us and for us to make the information and materials available to others on the Website; and
You agree to at all times indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your participation in the Network, any claims against you from any of your customers or any person who relies on any information that we publish about you or that you otherwise provide to them, any claims relating to your Business, and any information or materials provided by you or anyone else using your account and/or any breach of these Terms.
8.1. You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.
8.2. You agree not to:
(a) impersonate another person;
(b) use a false name or a name you are not authorised to use;
(c) create a false identity or provide a false address or email address;
(d) be misleading as to the identity or origin of any communications; or
(e) use the Network, Website or the Services for any illegal purpose.
9. Intellectual Property Rights
9.2. Subject to clause 9.1, you acknowledge and agree that all intellectual property rights in the Network, Services and Website are owned by us or our licensors. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of the Website or commercialise or on-sell any information or software obtained from the Website or from us.
9.3. You agree to abide by these Terms and such other terms and conditions relating to the Network, Services or Website as we or our licensors may specify from time to time.
9.4. We welcome your feedback, ideas or suggestions (Feedback), but you agree that we may use your Feedback without any restriction or obligation to you.
10. Errors and Complaints
10.1. You must contact us immediately if there is an error or defect in the Network, Services or Website.
10.2. We will use all reasonable endeavours to correct any such error, but, to the maximum extent permitted by law, will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or defect within the Network, Website or Services.
10.3. If you have any concern about the information that is available on the Website, whether that information relates to you or someone else, or the conduct of any member of the Network, you may let us know by contacting us at firstname.lastname@example.org. We will follow our internal processes in response to any concerns reported to us.
11. Compliance with policies
By registering with the Network or using the Services or the Website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.
13. Website integrity
You must not attempt to damage, interfere with or harm our Website or our Services, or any network or system underlying or connected to them in any way whatsoever.
14.1. We may amend these Terms from time to time. Notice of any such amendments will be announced on this Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.
14.2. Your continued membership with the Network or use of the Services or our Website will constitute your acceptance of any changes or revisions to these Terms.
15. No Warranties
15.1. You understand and agree that your membership with the Network and use of the Services and the Website is at your sole risk.
15.2. The Network, Website and the Services are provided on an “as is” and “as available” basis. To the maximum extent provided by law, we disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of accuracy, completeness, reliability, merchantability and fitness for a particular purpose).
15.3. Without limiting the above, to the extent permitted by law, we do not warrant that the Services or the Website will be uninterrupted, timely, secure, error-free or that any information or materials provided through the Services or the Website are accurate, complete or up-to-date.
15.4. All statements, information and recommendations made by us on the Website or about the Services are believed to be reliable, but do not constitute a guarantee or warranty.
16. Maximum Liability
If we are found to have any liability under or in connection with these Terms, to the extent permitted by law, the maximum amount of our liability arising out of all claims under these Terms or relating to the Network, Services or Website will not in any circumstances exceed NZ$100.
Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
18. Governing Law
These Terms will be governed by the law of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
Last updated [November 2021]