1.1 In these terms and conditions ("Terms and Conditions") the following terms have the meanings specified:
(a) Account means your personal account on the Website.
(b) Terms mean these terms and conditions and any other terms or policy published on the Website by us from time to time.
(c) Website, Parent Village means any site operated by Parent Village Limited whether at www.villagekiwi.co.nz or otherwise
(d) We, Us means Parent Village Limited.
(e) You, User, Member means any visitor to, or user of, the Website.
2.1 The Terms apply to any User of the Website. By accessing the Website you agree to comply with, and be bound by, the Terms.
2.2 You are encouraged to become a Member of Village Kiwi by setting up an account. Members are able to access more content and contribute to the content on the Website.
2.3 To set up an Account you must provide us with details of:
(a) Your full legal name
(b) A contact phone number
(c) A valid email address
(d) Have a residential address in New Zealand
(e) Such other information as we consider necessary and request from you from time to time
2.4 By opening an Account and providing us with personal information, you confirm that the personal information is current, complete and accurate at that time and that you will let us know when this personal information changes (for so long as you are a Subscriber) so that we have accurate records. Impersonating any person or entity, or using a false identity will be a breach of these terms.
2.5 You indemnify us for any liability should the information we have about you be inaccurate or out of date and we are entitled to rely upon the information that you have provided to us as being correct.
2.6 Unauthorised access to the Website or the unauthorised use of another person's name, registration account or password will be considered a breach of these terms and conditions.
2.7 You agree not to collect or store information about other users, including email addresses without their consent. We reserve the right to cancel any Account at our complete discretion, at any time, and without reason and without notice.
3.1 In accessing the Website, you must not:
(a) Upload, post, submit, send or otherwise transmit any words or content to the Website which breaches the personal or property rights of any person including (but not limited to) intellectual property rights, privacy, confidentiality and/or information.
(b) Upload, post, submit, send or otherwise transmit any words or content to the Website which We deem to be offensive, defamatory, threatening, misleading or in any way unacceptable (in our absolute discretion) for the Website.
(c) Obtain/use the Website or any information from the Website for any commercial activity without prior consent in writing from us, including but not limited to: using the Website to directly or indirectly, to conduct surveys, contests, send junk mail or any unsolicited messages.
(d) Use the Website for any illegal activity or in such a way which (in our absolute discretion) breaches the Terms.
(e) Interfere with the operation of the Website including uploading Malware or making any unauthorised modifications to the Website
3.2 You indemnify Us for any liability, costs or loss which may arise from a breach by you of one or more of the Terms.
3.3 You agree that we may refuse to publish, moderate, redact or remove any content on the Website, including content posted by you, which we decide (in our absolute discretion) is not appropriate for the Website. You agree that we have no responsibility for the storage of information or liability for the amendment or deletion of such information.
3.4 If you have an Account, you will have a user name and password to access the Website. You must not disclose your username or password to any other person and may not allow any other person access to the Website using your username and password.
3.5 We make no representation or warranty that the Terms comply with the laws of any country other than New Zealand. Users who use the Website and reside outside of New Zealand do so of their own volition and are responsible for compliance with local laws, to the extent local laws are applicable.
4.1 The information provided on the Website is provided to you in good faith. You agree that a portion of the information on the Website is third-party or user-generated content. Information, reviews or opinions on products or services are of a general nature only and do not constitute an endorsement or recommendation that those products/services are appropriate for use by You. To the extent permitted by law we exclude all warranties and representations as to the availability, accuracy or currency of any information or service on the Website.
4.2 While we will do our best to make sure that the Website is available, we cannot guarantee that it will always be uninterrupted or that your access will be error-free, or that any files available for download will be error-free or free from viruses, faults or defects.
4.3 The Website contains links to external sites. Those sites are not connected or affiliated with us and are not under our control. We make no representation or warranty as to the content, reliability, safety or features of such sites whatsoever. You agree that by accessing any link to an external site you are taking full responsibility for such access. You indemnify us for any liability, loss or cost arising from your access of any external site.
4.4 If you wish to link to the Website, you must obtain our permission in advance.
6.1 Unless otherwise shown, we own all the copyright and other intellectual property rights on the material on this Website. That includes any material you provide to us or the Website and you grant us a world-wide, royalty-free, exclusive and perpetual license to use the intellectual property in such material. You indemnify us against any damage or loss made by our publication or use of such material.
6.2 All Website material is subject to copyright except where it is otherwise noted. You can use the material for your own personal, non-commercial use provided that you acknowledge the source of the material and that you do not remove any copyright, trade mark or other intellectual property notices contained in the content, but you must not use the material in a misleading way.
6.3 You must not use any of our trade marks in any way without our permission.
7.1 These Terms and Conditions are governed by the laws of New Zealand. You may take legal action against us only in a New Zealand court or tribunal. You may not take any legal action in a New Zealand court or tribunal until you have notified us in writing of all relevant details of your claim:
(a) Within 2 weeks of the date you become aware (or should reasonably have become aware) of your claim; and
(b) provided us 30 days to resolve your claim.
7.2 You must not transfer or assign your rights or obligations under these Terms and Conditions in any circumstances.
7.3 No failure or delay by us in insisting upon the strict performance of these Terms or exercising any right under these Terms will operate as a waiver of those matters.
7.4 We shall not be liable for delay or failure to perform our obligations under these Terms if the cause of delay or failure is beyond our reasonable control.
7.5 You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms.
7.6 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.
7.7 These terms and conditions supersede all previous agreements, representations and warranties whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
7.8 Changes or updates to the content of this website may occur at any time. These terms may be changed or updated from time to time. Changes may take the form of completely new terms. We will post any changes on this website; any change applies from the date it is posted.