Terms and Conditions
Terms and Conditions of Use
1. This website is owned and operated by Kiwi Expat Association Incorporated ('Kea').
2. These website terms and conditions ('Terms') govern the use and access by any user of the Kea website at www.keanewzealand.com and any other website owned or operated by Kea or any of its associated branches or Kea Groups which points to or directs a user to the Kea website ('Website'). If you access and use the Website you are deemed to have agreed to these Terms.
3. In these Terms, references to 'we' 'us' and 'our means Kea, its directors, employees, agents and its associated branches or Kea Groups.
4. Reference to 'you' 'your' and 'yours' shall mean any user who is accessing the site at any time.
5. Reference to 'members' means individual or corporate members of Kea. Members of Kea are bound by these Terms and acknowledge that this includes the membership benefits, contact levels and other details selected by them in the membership registration process.
7. If you wish to register as an Email Only Subscriber you will be required to join Kea by completing the sign up form.
9. The purpose of the Website is to provide information about us. The information on the Website is for general guidance only. It should not be used as a substitute for legal, business or other professional advice. The Website is also intended to provide an opportunity for members to provide information about their organisations and details regarding upcoming events they may be hosting, sponsoring or promoting and which may be of interest to other Kea members.
Opportunities advertised by Kea Corporate Members
10. Kea provides Corporate Members the opportunity to advertise (projects, jobs, special offers, mentoring) on the website as part of Kea's goal of connecting New Zealand's global talent community. Kea will not, and any Corporate Member advertising an opportunity agrees it is not Kea's responsibility to, check or validate the terms of any opportunity or offer made by any Corporate Member including as to the legal compliance of that opportunity or offer. Any opportunity is made solely by the Corporate Member and Kea is not responsible in any way for such opportunities. Any Corporate Member advertising an opportunity agrees to ensure that all opportunities published on the website:
(a) are genuine;
(b) are not misleading or deceptive;
(c) comply with all laws;
(d) are not defamatory, obscene or otherwise inappropriate; and
(e) do not adversely affect the goodwill and reputation of Kea; and
(f) the Corporate member agrees to satisfy the terms of all opportunities made by them.
Any Corporate Member advertising an opportunity agrees to indemnify Kea at all times against any loss, damage, costs or expense (including consequential loss and damages) suffered or incurred by Kea as a result of any claim made against Kea in connection with any opportunity published by them on the Website.
Events and offers promoted through the website
11. From time to time the Website may include details of events, special offers, seminars or conferences being held or promoted by members or other third parties. Any dealings you have with any such member or third party are solely between you and that third party or member though we may assist you in your dealings (including receiving bookings and/or taking payment for events). Such assistance does not constitute an endorsement or recommendation by us of any third party, member, event or product. While we have taken reasonable care to ensure that members and third parties are reputable, we are not responsible for the contents of any material, promotion, product, event, seminar or offer made by a member or third party and, to the extent permitted by law, we are not liable for any direct or indirect loss or damage suffered by you or any other party as a result of accessing, using, purchasing or relying on any information or product provided by such members or third parties.
12. You are advised to make your own inquiries and seek appropriate professional advice before relying or acting on any information provided by any member or third party either on the Website or at any event promoted or advertised on the Website.
13. From time to time our members may advertise business or employment opportunities on the Website. Advertising through the Website does not constitute a recommendation or endorsement by us of any opportunity. You are advised to make your own inquiries and seek appropriate legal, tax, business, employment or other professional advice before proceeding with any offer or opportunity.
Ownership of intellectual property and restrictions on use of website material
14. With the exception of any third party trademarks or logos provided to us for inclusion on the Website, Kea owns all intellectual property rights in the text and graphics on the Website and its overall design. You must not use, copy, modify, transmit, store, download, publish or distribute the material on the Website or create any other material using material on the Website without obtaining the prior written consent of Kea. Trade marks (whether registered or unregistered) and logos displayed on the Website must not be used or modified in any way without obtaining the prior written consent of Kea and/or the owner of the trade mark or logo as the case may be.
15. The information contained on the Website including products, technology and processes may be the subject of other intellectual property rights owned by Kea or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Website must not in any way infringe the intellectual property or other rights of any person.
16. From time to time you may provide information or material to us for inclusion on the Website. In each case you are responsible for ensuring the accuracy of such material or information and you warrant that you have the necessary rights, consents and licences to use and publish such material or information. You agree to indemnify us for any claims by third parties in the case that the use or publication of such information or material in any way breaches the intellectual property rights of any person.
Exclusions and limitations of liability
17. To the extent permitted by law, we are not liable to you or anyone else for any loss, damage or expense, however caused, which have been directly or indirectly suffered in connection with the use of the Website and we exclude liability (whether that liability arises in contract, tort (including negligence) or statute) for any direct, special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of or damage to data) suffered or incurred by you or any person in connection with your access to or use of the Website.
18. Without limiting the generality of the foregoing and to the extent permitted by law, we:
(a) make no warranty (whether express, implied or statutory) as to the completeness, accuracy, reliability or fitness for purpose of any material on the Website;
(b) are not liable to you or to anyone else for any errors in the information on the Website including in any third party content provided to us for inclusion on the Website; and
(c) are not liable for any failure or unavailability of the Website for any time period.
19. Without limiting paragraphs 20 and 21 above, and to the extent that our liability is not excluded under those paragraphs or any other paragraph in these Terms, the maximum amount for which we are liable to you under or in connection with these Terms (whether that liability arises in contract, tort (including negligence) or Statute) is $100.
Disclaimer regarding third party sites
Indemnity from users
Your use of the website
22. You agree not to use the Website to harass, abuse or defame any person or for any unlawful purposes including unlawful spamming or to promote any political or religious belief. To protect members from unsolicited advertising, we have a rule of a maximum of 10 member to member emails per month. Members wishing to contact larger numbers of Kea members must contact Kea in advance.
23. We may change, suspend, restrict or terminate your access to this Website or any part of it for any reason including for any breach of the terms set out in clause 22.
27. This Website and these Terms are governed by the Laws of New Zealand and users submit to the non-exclusive jurisdiction of the Courts of New Zealand.
Access from outside New Zealand
28. We make no representation that this Website complies with laws (including intellectual property laws) of any country outside New Zealand. If you access this Website from outside New Zealand, you are responsible for ensuring compliance with all laws in the place where you are located.
Offer of Securities
29. The information contained in this website, including information relating to individual companies or networking opportunities, is being provided by Kiwi Expat Association Incorporated (Kea) for information purposes only. No offer of securities is being made or promoted by Kea pursuant to this website. While all reasonable care has been taken to ensure that the information in this website is accurate, Kea will not be liable for any errors in that information or for any reliance placed on information contained in this website.