Terms and Conditions
At NZAviator we want to make sure that our website creates a positive and constructive environment for our business customers and consumers - that’s where these terms of use come in.
How do these terms of use work?
These terms of use apply to your access to and use of our digital product and website. And just to be clear, references to our website in these terms of use should be read to also include our digital product.
If you don’t accept these terms of use, then you mustn’t use or interact with our digital product and website.
As you’ll see, these terms of use contain special words that have special meanings. A guide to these is set out at the back of these terms of use.
When can these website terms of use change?
We may want to change any of the information on our website or these terms of use from time to time. Continuing to use our digital product and website will mean that you agree to our changes.
Your Obligations
You must use NZAviator in accordance with these Terms and solely for lawful purposes.
You must provide true, current, and complete information in your dealings with us (including when setting up a user profile) and must promptly update that information as required so that the information remains true, current, and complete.
If you are purchasing products and/or services from a merchant, you agree to be bound by their additional terms and conditions set out on their listing, their website, or otherwise made available to you.
When purchasing through NZAviator, you must not impersonate another person or misrepresent authorisation to act on behalf of others or us.
Fees and Payment
There are no charges for you to browse NZAviator.
The price for any products or services of the third party you purchase will be displayed to you at the time of purchase and these are set by the merchant. NZAviator has no control over any of the merchants pricing.
If you are purchasing products and/or services, payments will be processed by our third-party payment provider.
INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in NZAviator (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
You need to be a registered user.
We have restricted access to some parts of our website to users/members who have registered with us and, in some cases, who also meet certain criteria. This applies whether you are a business customer or a consumer, or an authorised administrator of a business customer.
When you register with our website, you will be required to select a username and password. You must keep those confidential and you mustn’t disclose them to anyone else. If you become aware of any unauthorised use of your username or password you must let us know straight away by reporting the issue.
How do I report an issue?
You can notify us about any unauthorised use of your username or password, or about any complaints you may have about the content of our website, using the Contact NZAviator link in the footer of each page on our websites.
Free Digital Listing
Where you are creating a free digital listing you must be a genuine business, making use of our website for legitimate purposes.
At NZAviator, we want to make sure that our products and services are relevant and appropriate to our business customers and consumers. This means that, in relation to your free digital listing, we have the right to:
determine the categories in which your free digital listing will appear
determine the placement of your free digital listing within those categories
ask you to substantiate any claims about your business, products, or services that you make in your free digital listing
require amendments to your free digital listing
refuse to accept or publish your free digital listing
cancel or remove your free digital listing.
Where your free digital listing will appear in relation to other businesses through the search function of our website and digital product will depend on a number of factors which we may determine at our sole discretion.
Ownership
You will own (or continue to have the right to use) any content that is used in your free digital listing.
We own or are licensed to use, all rights including copyright in:
our website and digital product
our trademarks, brand names, badges, icons, logos, and domain names
data that we collect or that is generated through or in relation to our website
all content published, contained, posted, or uploaded in or on our website including comments made in response to advertisements (except for content that belongs to you, or is identified as belonging to another party, and that you use in your free digital listing As copyright owners, we get to decide who gets to use that content and the kinds of use they can make of it.
You may produce (electronically or in hard copy) and use the content on our website for your personal use only. In all other circumstances, you must get our written consent before reproducing or otherwise using that content. If you wish to use any third-party content identified as such on our website, you must obtain the prior consent of the relevant owner. This includes the contents of websites you access via links from our website.
What are we liable for?
Nothing in these terms of use limits your rights under the Consumer Guarantees Act 1993 so these terms are to be read subject to that Act and, where these terms conflict, that Act applies. However, if you purchase goods or services for the purpose of a business, you agree that the Consumer Guarantees Act 1993 does not apply.
You use our website at your own risk.
We do not guarantee that our website will be uninterrupted, timely, secure, or error-free, or that any content provided on our website is error-free or reliable.
To the greatest extent permitted by law, we exclude all guarantees, representations, terms, and warranties not specifically included in these terms of use.
You agree that you are solely responsible for (and that we have no responsibility to you or any third party for) any content that you create, upload, transmit, post or display while using our website and for the consequences of your actions (including any loss or damage which we may suffer as a result). This is despite the fact that we may moderate some of the content on our website.
We are not your agent or the agent of any person who uses our website.
Hypertext links
Our website may contain hypertext links to other websites that are not operated by us. These links are provided for your convenience and interest only.
We will not investigate or monitor the hypertext links to other websites. You link to them at your own risk.
We are not responsible for the information contained on any website that you link to from our website and any such link should not be taken as an endorsement of any other site or products offered on that site.
You are welcome to create a hyperlink to our website from another site owned by you. However, this link must not be presented on your site in any way that implies that our website has an association with your site, or endorses your site or products. Our name or any of our logos must not be used on your site without our written consent.
We may provide our business customers with buttons, which will allow these businesses to link their websites with their NZAviator listings. Use of such buttons must meet our Terms of Business at all times.
If you create a hypertext link to our website, you are responsible for all direct and indirect consequences of the link. You indemnify us for all loss we suffer in connection with any link you have created.
Security
Information transmitted over the internet is inherently insecure. However, we have processes in place to protect the information we collect via our website. Any information sent through our website is passed through a secure server using encryption technology.
All stored customer data is protected through secure passwords, user log-ons and other security procedures.
Privacy Policy
When we collect personal information about you through our digital product we will only collect and use your personal information in accordance with our Privacy and Security Policy, which is available on our website at www.nzaviator.co.nz
Governing law
Our website is governed by New Zealand law. When you access our website, you submit to the exclusive jurisdiction of the New Zealand courts.
Special words we have used in these terms of use
business customer means either a legitimate community or charitable organisation which has accepted terms of business in relation to a business page on our digital product, or a business that has created a free digital listing under these terms of use
consumer means an individual user of our website
content means any information, comments, claims, statements, photographs, images, video, sounds, text, data, trademarks, brands, or logos
free digital listing means a free listing of your business details on our digital product, in a form that conforms to our product specifications for free digital listings
privacy policy means our privacy policy, as updated from time to time, which can be found on our website
we/our/us means NZAviator Limited and our successors or assigns
website means our website www.nzaviator.co.nz or any other websites that we may create and make available to you from time to time. In these website terms of use.
you mean the person accessing or using our websites, digital product and including business customers, authorised administrators of a business customer, and consumers.
Version: last updated 28/06/2022