In this Agreement, the following words have the following meanings, unless the context requires otherwise:
1.1 ‘Account’ means the account allocated specifically to you when you register as a Member, and which includes your Profile containing your personal details;
1.2 ‘Agreement’ means the agreement between you and us incorporating these conditions for the provision of the Service;
1.3 ‘Chat’ means communications with other Members on the Site;
1.4 ‘Content’ means the content you may submit to us while using the Service in various forms and including (but not limited to) articles, comments, details of events, links to other websites, and email;
1.5 ‘Intellectual Property’ means any patent, copyright, trade mark, design right, database right, whether registered or unregistered and other similar rights wherever existing in the world together with the right to apply for protection of the same and any rights in any trade secret, know how or other confidential information;
1.6 ‘Intellectual Property Rights’ means all rights in the Intellectual Property in and to the Service and the Site;
1.7 ‘Member’ means any person whose application for membership has been accepted and remains valid for the time being and ‘Membership’ shall be construed accordingly;
1.8 ‘PC’ means a personal computer or other device which you use to access the Service;
1.9 ‘Post’ means display, exhibit, publish, submit, distribute, transmit and/or disclose information, details and/or other material on the Site;
1.10 ‘Profile’ means the section Posted by you containing your personal details;
1.11 ‘Service’ means the service provided to you via the Site including, but not limited to, an online social interaction service;
1.12 ‘Site’ means the website owned and controlled by us and located at the URL http://www.nzrugbyresources.com (and any other URLs which forward to such URL);
1.14 ‘User’ means a visitor to the Site who has not yet registered for Membership;
1.15 ‘Virus’ means a computer program which copies itself to other storage media including, without limitation, magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs and which destroys data, causes damage to the Member’s files or creates a nuisance or annoyance to the Member and ‘Virus Free’ means a computer program which does not contain a Virus;
1.16 ‘We, us, our’ means Rugby Resources Limited, trading as NZRugbyResources, a limited liability company based in Palmerston North, New Zealand.
1.17 ‘You’ means a User or a Member and ‘your’/’yourself’ shall be construed accordingly.
2. DESCRIPTION OF THE SERVICE
2.1 The Site provides a forum for social interaction and building an online community of those people interested in Rugby. Certain sections of the Site are available to Members only.
2.1.1 NZRugbyResources.com reserves the right to make changes to these terms and conditions. Should NZRugbyResources.com make changes to these terms and conditions, we will send you an email notifying you of the changes via the most recent email address you have supplied us.
3. TO REGISTER AS A MEMBER
3.1 To register as a Member you must take the following steps:
3.1.1 Read this Agreement carefully and indicate whether you agree to its terms; and
3.1.2 Follow the instructions to register which will include providing personal information and selecting a unique username and password.
3.1.3 Follow the process of paying your annual subscription fee of $US25.00 with PayPal.
3.1.4 Once you have taken the steps listed above, we will send you an email confirming whether your application for Membership has been successful and your Account has been activated.
3.1.5 NZRugbyResources.com utilizes the online payment company "PayPal" to process all of our membership fees. This billing system is an automatic recurring payment system. Before the end of each 12-month billing period, if you no longer desire to be a member of NZRugbyResources.com, you will need to cancel your PayPal Subscription at PayPal.Com or you will automatically be charged another $US25.00 (USD) for another 12-month Membership duration.
3.1.6 It is YOUR RESPONSIBILITY to cancel your Subscription with PayPal.Com when you no longer desire to be a member of NZRugbyResources.com -- YOU must initiate the Subscription Cancellation yourself at PayPal.Com
3.1.7 Cancellation of Membership Subscription at PayPal.Com may result in the IMMEDIATE change in membership status.
3.1.8 You hereby understand that NZRugbyResources.com has a NO REFUND policy, for any reason.
4.1 By using the Site, you represent and warrant that you have the right, authority and capacity to enter in this Agreement and you agree to abide by the terms and conditions of this Agreement.
4.2 We advise that you print off and keep safe a copy of this Agreement if you agree to its terms. You are advised to read (and are responsible for reading) fully all information on the Site.
4.3 If you do not accept this Agreement, you will not be permitted to become a Member.
5. YOUR ACCOUNT
5.1 Your Account is for your sole and exclusive use. You may not transfer your Account to or share it with, any other person.
6. YOUR PROFILE
6.1 The minimum information required for a Profile is a username, password and email address & country, but you may supply further personal information if you wish.
6.2 If you Post and/or disclose to other Members any confidential or sensitive information about yourself then you do so entirely at your own risk.
6.3 You warrant that the information in your Profile is posted by you, and is truthful, complete and accurate, not misleading and regularly updated by you.
6.4 You may correct any input errors in or update the personal information in your Profile at any time by using the edit function in the My Profile sub-section of the Site.
6.5 When submitting personal information to create your Profile for the Site, you may choose to have your Profile published on the Site.
7. RIGHT OF CANCELLATION
7.1 You may cancel your Membership at any time by notifying us at the email or postal address given in the Contact Us page on the Site.
8. AVAILABILITY OF THE SERVICE
8.1 The Service is provided in its current form and we do not guarantee that the Site, the Service or any element in it will meet your requirements and/or expectations.
8.2 We shall make reasonable efforts to ensure that the information and/or material provided in the Site and Service are accurate and up-to-date, however errors or conflicts in the data may not be correctable.
8.3 We reserve the right to interrupt the Service on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. However, we will exercise commercially reasonable efforts to schedule maintenance during low-usage times of day.
8.4 You acknowledge that the Service may be interrupted for reasons beyond our control, and we cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. We shall not be liable for any interruptions to the Service, delay or failure to perform resulting from any causes outside our reasonable control such as the quality of your Internet connection or the operation of payment systems on the Site.
8.5 You are responsible for obtaining access to the Service from your or another location via the Internet. We cannot assume any responsibility for your failure to access the Site or Service from any location or browser. Any access fees incurred in reaching the Site (e.g. dial up charges) and any equipment necessary to access the Service shall be your responsibility.
8.6 We shall have the right to refuse your application for Membership and to terminate your Membership in accordance with the terms of this Agreement.
9. YOUR OBLIGATIONS
9.1 You agree not to, and shall not:
9.1.1 disclose your username or password or login details to anyone else; we will never ask you for your password by telephone, live chat or email;
9.1.2 transmit or Post any Content or language, which, in our sole discretion, we deem to be offensive, unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable. You may not use a misspelling or an alternative spelling in order to circumvent the Content and language restrictions detailed in this sub-clause.
9.1.3 add links on the Site to other websites which contain defamatory, obscene or otherwise unlawful material or material which infringes the Intellectual Property of any other person;
9.1.4 leave your browser logged on to the Site without your attendance so that unauthorised persons might be able to access and/or amend your Account without your knowledge;
9.1.5 exit from the Site without properly logging off using the “Logout” link;
9.1.6 upload, Post or otherwise transmit material that contains a Virus or other malicious code for any purpose whatsoever;
9.1.7 reproduce in any way any information and/or material appearing on the Site which infringes the Intellectual Property of another person;
9.1.8 copy, in whole or in part, any of the information on the Site (including, but not limited to any information contained in other Members’ Profiles) other than for the purposes contemplated by this Agreement;
9.1.9 in any way assign, transfer, part with and/or authorise any other person to use your Membership or your Account;
9.1.10 permit or create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from another website under your management or control;
9.1.11 exploit the Site or any of its parts for any commercial purpose, including without limitation, advertisement for your own or third parties’ products and services;
9.1.12 distribute, publish, sell, assign, auction, rent, lease, loan, sub license, grant a security interest in, part with possession of or otherwise transfer any rights related to the coding for the Site;
9.1.13 copy, reproduce, translate, alter, adapt, modify, reverse engineer, disassemble, decompile, create any derivative works based on the Site or otherwise attempt to discover/tamper with or derive any source code (except in so far as you are permitted to do so by applicable laws) from the Site;
9.1.14 use modified versions of the coding for the Site, including (without limitation) for the purpose of obtaining unauthorised access to the Site;
9.2 You shall notify us immediately if you become aware of any unauthorised use of the Service or the Site.
10. YOUR CONTENT
10.1 The Content shall not infringe any third party Intellectual Property or privacy rights or violate any applicable law or regulation or be defamatory, obscene, pornographic or harmful to minors or contain a Virus.
10.2 We reserve the right, in our sole discretion, to remove any Content if we believe it may create or cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers in connection with the Service and the Site or, if we have reason to believe that the Content is unlawful.
10.3 We shall have no obligation to maintain any Content in your Account.
10.4 You grant to us a worldwide, perpetual, irrevocable, royalty-fee, sub-licensable licence of the Content together with the right to exercise all Intellectual Property, in any media now known or not currently known, in respect of the Content.
11. COMMUNICATIONS WITH OTHER MEMBERS
11.1 It is possible to communicate with other Members on the Site. You understand that we may need to monitor, log, review, modify, disclose or delete Chat sessions without notice to you and you consent to us doing so. We reserve the right to terminate your Membership if you undertake any of the activities prohibited by this clause. In addition, you accept that we are under no obligation to monitor Chat and you acknowledge that you engage in Chat at your own risk. When engaging in Chat, you may not:
11.1.1 transmit or Post any Content or language, which, in our sole discretion, we deem to be offensive, unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable. You may not use a misspelling or an alternative spelling in order to circumvent the Content and language restrictions detailed in this sub-clause.
11.1.2 Disrupt Chat in any way, including but not limited to:
(a) Posting commercial solicitations and/or advertisements for goods and services; and
(b) Sending repeated unsolicited or unwelcome messages to a single Member or repeatedly Posting similar messages, including but not limited to continuous advertisements to sell goods or services;
11.1.3 Communicate or Post any other Member’s personal information either within the Service, or on websites or forums related to the Service, except that a Member may communicate his or her own personal information in a private message to a single Member.
11.1.4 Use bots or other automated techniques to collect information from the Service or any website or forum owned or administered by us.
11.1.5 Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any other Member.
11.2 Some messages may not be processed due to space constraints and inbound or outbound message limitations. You agree that we are not responsible or liable for the deletion or failure to process or store messages. We shall have no obligation to forward messages to you or any Member or other third party.
12. RIGHT TO MONITOR
12.1 We reserve the right to monitor your PC, Account, Content, Chat and any other activity you undertake while you are using the Service to ensure compliance with the terms of this Agreement.
13. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
13.1 The Intellectual Property Rights are either owned by us or licensed to us by third parties.
13.2 You agree that you do not own any Intellectual Property Rights or any Intellectual Property in and to your Content or Account and that you will never assert or bring any action against us or our employees which is related to a claim of such ownership.
13.3 You agree that you will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all information relating to the Service and the Site which may be disclosed to you or which you may learn, except where such information is public knowledge or is required to be disclosed by law, or you are expressly permitted to do so by us.
13.4 You shall notify us immediately of any infringement or suspected or threatened infringement of the Intellectual Property Rights which comes to your notice, and shall give to us (at our expense) such assistance as we may reasonably require in connection with any infringement proceedings in this respect.
14.1 We shall not have any liability in respect of the Content submitted by you or by any other Member.
14.2 We shall not have any liability for any defect in the Service caused or contributed to by you and/or any other Member or User or for the actions of any Member or User.
14.3 We will not be responsible for any failure of electronic messages or images (whether via the internet or sms) sent through the Site to reach your intended recipient.
14.4 We shall not have any liability for any mistakes, errors, omissions or a Virus in the Service or the Site, which may affect the Service and your access to it to the extent that it is outside our reasonable control.
14.5 We cannot be responsible for any material downloaded or otherwise obtained through use of the Service, which is done at your own discretion and risk. You will solely be responsible for any damage to your computer system stemming from any losses, which might result from the download of such material.
14.6 It is possible for other Members and/or unauthorised users to obtain and misuse information about you as a result of your use of the Service. We shall have no liability to you arising out of any Member's and/or unauthorised person's misuse of information and/or other material Posted by you on the Service and/or to other Members.
14.7 We shall not have any liability to you in respect of your use of or inability to use the Service or the Site for any:
14.7.1 business losses including business interruption and loss of business information; and
14.7.2 any unforeseeable losses.
14.13 We shall not have any liability under any circumstances for any unforeseeable loss, damage or expense suffered or incurred by you arising from and in any way connected with the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
14.14 Nothing in this Agreement shall exclude or limit liability for death or personal injury due to either party’s negligence or liability for fraudulent misrepresentation. Need checked by Lawyer
14.15 Nothing in this Agreement shall seek to exclude or limit any of your statutory rights, which may not be excluded or limited due to you acting as a consumer.
14.16 We shall not have any liability to you for any delay in performance of the Service and/or any other matters to the extent that such events and/or matters are due to any events outside our reasonable control.
14.17 Your correspondence and any dealings with third parties or other Members are solely between you and that third party or Member(s) in question. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
14.18 Third parties or we may provide links to other Internet sites or destinations. Any/all sites linked from this site are owned or controlled by independent third parties. Because we have no control over such third party sites and resources, you acknowledge and agree that we are not responsible for the availability and/or connectivity of such web destinations, and do not endorse and are not liable/responsible for any data, advertising, products, or other materials on or available from such destinations. You further acknowledge and agree that we shall not be liable/responsible, in any way, directly or indirectly, for any damage/loss caused or allegedly caused by, or in connection with, use of or reliance on any such data, goods or services available on or through any linked site or web destination.
15.1 Either party may terminate this Agreement at any time, for any reason. Termination of the Agreement by either party will be effective upon that party sending written notice to the other party of their intention.
15.2 We reserve the right to terminate this Agreement and/or suspend or terminate your Account and/or your access to the Service immediately and without notice to you in the event that you breach the terms of this Agreement (repeatedly or otherwise);
15.3 Termination of this Agreement shall not affect the accrued rights and remedies of either party at law or in equity.
15.4 Upon termination of this Agreement:
15.4.1 we may immediately deactivate your Account and remove your Profile and all the data in your Account and/or bar any further access to the Service; and
15.4.2 we shall not be obliged to remove your Profile or any other data posted by you once the Account becomes inactive for any reason, save if required by law or any regulatory authority.
16.1 We may assign this Agreement to any third party without your consent.
16.2 This Agreement is personal to you, and may not be assigned without our express written consent.
16.3 This Agreement is governed by New Zealand law and we both agree to submit to the non-exclusive jurisdiction of the New Zealand Courts.
16.5 Those Members or Users who access the Service from locations outside New Zealand do so on their own initiative and are responsible for complying with local laws to the extent that local laws are applicable.
16.7 This is a legally binding agreement for the provision of the Service and you agree to abide by its terms.
16.8 The terms and conditions of this Agreement shall supersede any prior terms and conditions previously notified to you.
16.9 We may amend this Agreement from time to time, and place the new version on the Site, in which case, we will mention the fact on the Site’s home page. Your continued use of the Site following our Posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to this Agreement, then your only remedy is to terminate your Membership and/or cease using the Site.
16.10 No application for Membership shall be deemed to have been accepted by us until you have received confirmation of your Membership from us by e-mail.
17. COMPLAINTS AND CUSTOMER CARE
If you would like to contact us or if you are unhappy with any aspect of the Service and would like to complain, you may write to us at our postal address or send us an email using the contact details provided on the Contact Us page on the Site.
18. Unsolicited Electronic Messages Act (2007)
From time-to-time NZRugbyResources.com may contact you via your email address to provide you with information on service changes, service outages or information regarding new services that NZRugbyResources.com will be offering. New members are also added to our Newsletter mailing list.
All automated emails from our system contain an "Opt-Out", located at the bottom of each email. By clicking on this link you will no longer receive any emails from us.