Kea New Zealand - Terms and Conditions

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This website is owned and operated by Kiwi Expat Association Incorporated ('Kea').
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.
In these Terms, references to 'we' 'us' and 'our means Kea, its directors, employees, agents and its associated branches or Kea Groups.
Reference to 'you' 'your' and 'yours' shall mean any user who is accessing the site at any time.
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.
The Website is also governed by Kea's Privacy Policy and this policy forms part of the Terms.
If you wish to register as an Email Only Subscriber you will be required to join Kea by completing the registration form.
Users can apply for either corporate or individual membership by completing the online membership registration form and agreeing to these Terms and our Privacy Policy.

Purpose

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. The Website also includes a Kea Venture Mentor Network website ('VMN') which is intended to provide mentoring opportunities on the terms set out below and in the VMN itself.

Opportunities posted by Kea Corporate Members

Kea provides Corporate Members with the chance to publish opportunities (projects, jobs, investments, 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 publishing 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 publishing an opportunity agrees to ensure that all opportunities posted by them and published on the website:

are genuine;
are not misleading or deceptive;
comply with all laws;
are not defamatory, obscene or otherwise inappropriate; and
do not adversely affect the goodwill and reputation of Kea; and
the Corporate member agrees to satisfy the terms of all opportunities made by them.

Any Corporate Member publishing 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

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.
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.
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.

Venture Mentor Network

Kea is providing you with the opportunity to participate in the VMN online, as a mentor or a person seeking a mentor or as a partner, utilising certain tools and technology provided by Kea. You must be a member of Kea to access the VMN and you acknowledge and accept that these Terms apply to your access and use of the VMN.
In addition, you acknowledge that Kea is providing the opportunity to participate in the VMN without warranty of any kind and Kea does not represent that you will obtain any particular benefit from the opportunity or from accessing the VMN. You also acknowledge that VMN partners and mentors are not employed by, contracted to or endorsed by Kea and you must ensure you are comfortable with any partner or mentor you engage with. The review of opportunities by VMN partners is not in any sense due diligence nor a recommendation to participate. Without limiting clause 20 below and to the maximum extent permitted by law, Kea and its partners shall have no liability for any loss or damage that may result from your use of, or participation in, VMN or any acts or omissions relating to that use or participation, or any related or connected activities. You agree to ensure that all materials and communications passing between participants and/or published on the VMN:

are genuine;
are not misleading or deceptive;
comply with all laws;
are not defamatory, obscene or otherwise inappropriate; and
do not adversely affect the goodwill and reputation of Kea.

You agree 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 act, omission, materials or communications made or posted on or in connection with the VMN. Opportunities that are published through VMN by you will be available to certain sections of the Kea membership base. Accordingly, you must ensure that no confidential information is disclosed in any opportunity posted unless you (or the owner of the confidential information) have approved that disclosure.

Ownership of intellectual property and restrictions on use of website material

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.
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.
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

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.
Without limiting the generality of the foregoing and to the extent permitted by law, we:

make no warranty (whether express, implied or statutory) as to the completeness, accuracy, reliability or fitness for purpose of any material on the Website;
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
are not liable for any failure or unavailability of the Website for any time period.

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

We do not endorse or recommend those members or their companies who choose to sponsor Kea on the Website and/or advertise or promote any product, idea, concept or event on the Website. To the extent permitted by law, we have no responsibility or liability for the content of any third party site linked to the Website and we are not liable to users for any loss incurred by any person accessing, using or relying on any third party website linked to the Website. If you follow a hypertext link to another third party website, you should refer to its terms of use.

Indemnity from users

You agree to indemnify us at all times against any loss, damage, costs or expense (including consequential loss and damages) suffered or incurred by us as a result of any use of the Website by you which is unlawful or in breach of these Terms, including Kea's Privacy Policy.

Your use of the website

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.
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 25.

Payment terms

If you are using the online credit card payment facilities on this site then the following terms apply:

You acknowledge and agree that Internet transmissions are never entirely secure or private and that any message or information you provide through the Website (including credit card information) may be read or intercepted by others. We will not accept any responsibility or liability for the interception, "hacking" or other unauthorised access of information through the Website by unauthorised third parties.
It is your responsibility to ensure that the transaction, credit card information, and all other details you provide in relation to your payments made through the Website are correct. We do not accept any liability for transactions which are incorrect as a result of inaccurate data or information provided by you.
Our online payment facilities are provided to enable users and members to pay membership fees online and to enable us to accept payment for attendance at events advertised on the Website from time to time. You agree not to use the online payment facilities for any improper, offensive or unlawful purpose.

Refund policy

Membership fees paid to us are non refundable. If you have any queries regarding the payment of your fees please contact us.
Fees paid to us for your attendance at an event which has been advertised on our Website are non refundable by us. If you are unable to attend the event you will need to contact the organiser or host directly to ascertain whether any refund of part or the entire event registration fee can be made to you.

Amendments

We may amend these Terms from time to time. We will notify you of any changes by posting the amended Terms on the Website and the changes will be effective from the date and time they are posted. In addition, we may notify you of any material changes to our Privacy Policy. You are responsible for reviewing these Terms and the Privacy Policy and your continued use of this Website after any such amendment constitutes your agreement to the amended Terms and/or amended Privacy Policy.

Governing Law

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

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.