Terms and conditions

The netguide.co.nz Web site ("Web site") is owned and operated by ACP Media Limited ("ACP Media"). Your access to the Web site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Web site (known collectively as "Terms of Use"). Your use of, and/or access to, the Web site constitutes your agreement to the Terms of Use. If you do not agree to the Terms of Use your option is not to use this Web site. ACP Media reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them on the Web site.

General terms

Intellectual property and restrictions on use of Content

All information and materials including text, images, graphics, sound, software and advertisements on the Web site ("Content") are copyright works of ACP Media, its suppliers and/or licensors unless expressly indicated otherwise on the Web site. The Content is protected by New Zealand and international copyright and trade mark laws. Content on the Web site is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Web site or expressly authorised in writing by ACP Media or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Web site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements) and acknowledge ACP Media's rights in the Content, you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Web site in any manner or for any purpose that is unlawful or in any manner that violates any right of ACP Media or an affiliate or which is prohibited by the Terms of Use.

Communication facilities

The Web site may from time to time contain communication facilities, which provide for feedback by users to ACP Media, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities"). By providing the Communication Facilities ACP Media does not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by users.

If you register to use the Communication Facilities you must provide accurate registration information. Your right to use the Communication Facilities is personal to you. You must not authorise others to use your registration details. You are responsible for everything recorded under your registration details.

It is a condition of your use of any Communication Facility and your access to the Web site that you do not do any of the following:

restrict or inhibit any other user from using or enjoying any forum including by making persistent off-topic comments;
post or transmit any unlawful, threatening, harassing, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, or use any obscene, indecent or offensive language, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
post or transmit any material of any kind which contains a virus or other harmful or destructive component;
post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising or a charity request or petition for signature;
post or transmit any material which is encrypted or constitutes junk mail or spam, including sending unsolicited emails, bulk email or distribution to multiple discussion groups, distributing chain letters, pyramid schemes or hoaxes;
post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user;
run network scanning software or use open relay to distribute messages;
create or use a false identity for the purpose of misleading others as to the identity of the sender or origin of any message;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

ACP Media may from time to time monitor or review the contents of its Communication Facilities. While ACP Media reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in ACP Media's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, ACP Media has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is ACP Media responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Web site are solely their own). You expressly acknowledge and agree that you are solely responsible for any information or material that you post or transmit and that the Communication Facilities provide a means of public and not private communications. ACP Media reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User licence to ACP Media

By placing any information or other material on the Web site (including posting messages, uploading files, inputting data or engaging in any other form of communication including by using the Communication Facilities), you grant to ACP Media a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of ACP Media and any other party authorised by ACP Media all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of ACP Media, you will execute and deliver to ACP Media such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Shopping

ACP Media does not sell the products listed in the subscription or shopping section of the Web site. The retailers whose products appear in the subscription or shopping section operate independently of ACP Media. Each retailer is responsible to you for their products and any transaction that you may enter into with that retailer. Once you click on a product to buy it you will leave the Web site and be taken to the retailer’s Web site.

Product descriptions, reviews and buying guides are provided “as is”. You must make your own assessment of the suitability of the product for your own purposes. You are solely responsible for any purchase you make. ACP Media does not provide any representation, guarantee or warranty of any kind in relation to Products purchased on the Web site. You will have consumer rights directly against the retailer if any product you purchase does not meet legal requirements.

Advertising, links to third party Web sites and e-commerce offers

The Web site contains hyperlinks and other pointers to Internet Web sites operated by third parties. These linked Web sites are not under the control of ACP Media and ACP Media is not responsible for the contents or actions of any linked Web site or any hyperlink contained in a linked Web site. ACP Media provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked Web site by ACP Media or its affiliates. You link to any such Web site entirely at your own risk.

The Web site also contains third party advertisements (including banner ads and full page advertisements), which contain embedded hyperlinks, or which include referral buttons to Web sites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by ACP Media or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's Web site and executing the relevant transaction. Such offers are not made by ACP Media, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party Web site.

Disclaimer and limitation of liability

The Fair Trading Act 1986 and the Consumer Guarantees Act 1993 (except where goods or services are acquired for business purposes) may confer rights and remedies on you in relation to the provision by ACP Media of goods or services on the Web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). ACP does not exclude any Non-excludable Rights but does exclude all other conditions, warranties, representations and guarantees implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties, representations or guarantees of any kind, either express or implied, b) ACP Media and its suppliers expressly disclaim all warranties, representations or guarantees of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) ACP Media does not warrant that the functions contained in any Content or any Communications Facility or your access to the Web site will be uninterrupted or error-free, that any defects will be corrected or that the Web site or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) ACP Media does not warrant or make any representation regarding your access to, or the results of your access to, the Web site (including any related or linked Web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not ACP Media) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content. ACP Media reserves the right to change, delete or move any Content at any time without notice.

You must make your own assessment of the suitability of the Content for your own purposes. You are solely responsible for the actions you take in reliance on the Content on or accessed through this website.

Under no circumstances (including but not limited to any act or omission on the part of ACP Media) will ACP Media or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Web site or any Content. You expressly acknowledge and agree that ACP Media does not exert control over users of the Network (including individuals referred to on the Web site as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, ACP Media's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of ACP Media to the following:

in the case of services supplied or offered by ACP Media, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by ACP Media, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Amendments

ACP Media may amend the Terms of Use at any time without notice. Any amendments effective as soon as they are posted. You should check and read these Terms of Use regularly. By continuing to use this site after any such amendment, you are deemed to have agreed to the amended Terms of Use.

Termination

The Terms of Use are effective until terminated by ACP Media, and ACP Media may terminate this agreement and your access to the Web site at any time without notice. In the event of termination, you are no longer authorised to access the Web site, but all restrictions imposed on you, licenses granted by you and all ACP Media disclaimers and limitations of liability set out in the Terms of Use will survive.

Trade marks of ACP Media and its affiliates

The trade marks displayed on the Web site are trade marks of ACP Media, its affiliates or of their respective owners. Nothing contained on the Web site should be construed as granting any licence or right of use of any trade mark displayed on the site without the express written permission of ACP Media, the relevant ACP Media affiliate or third-party owner.

If you wish to place a trade mark (whether in stylised or logo form or not) on your own Web site as a hyperlink to the Web site, you must first obtain the express written authorisation of ACP Media, the relevant affiliate, or third party owner and any use must be in accordance with the trade mark usage guidelines of the relevant trade mark owner.

Miscellaneous

This agreement will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.

All rights not expressly granted herein are reserved.