1. These Terms and Conditions (“Terms”) apply to online services owned and operated by the Kiwi Expat Association Incorporated (“Kea”) and which are made available to you through our website and mobile app (collectively referred to as the “Platforms”).
4. In these Terms, references to “we”, “us” and “our” means Kea, its directors, employees, agents and associated branches.
5. Reference to “you”, “your” and “yours” means any user who is accessing the Platforms at any time.
6. Reference to “members” means individual or company members of Kea. Members are bound by these Terms and acknowledge that this includes any membership benefits, contact levels and other details selected by them when registering on our Platforms.
7. Kea is New Zealand’s Global Network. Our mission is to build a borderless nation of Kiwis with a focus to connect, inspire and enable one million Kiwi champions, advocates and storytellers to contribute to New Zealand.
8. Our Platforms provide information about us, our partners, and members. This information should not be used as a substitute for legal, business or other professional advice.
Events, Offers or Advertising
9. Our Platforms may include details of events, offers or advertising by members or other third parties (“Opportunities”). Promotion of these Opportunities does not constitute an endorsement or recommendation by Kea and we are not responsible for checking or validating the terms of any Opportunities. While we take reasonable care to ensure that members and third parties are reputable, we are not responsible for the contents of any Opportunities 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. At its sole discretion, Kea reserves the right to remove any information or Opportunities that it deems inappropriate or which may violate the purpose and spirit of Kea and its community.
10. 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 our Platforms or at any event promoted or advertised on our Platforms.
11. Any member or third party publishing Opportunities on our Platforms agrees to ensure that all Opportunities:
(a) are genuine;
(b) are not misleading or deceptive;
(c) comply with all laws;
(d) are not defamatory, obscene or otherwise inappropriate;
(e) do not adversely affect the goodwill and reputation of Kea; and
(f) the member or third party will satisfy the terms of all Opportunities made by them.
12. Any member or third party promoting Opportunities on our Platforms 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 Opportunities promoted by them on our Platforms.
Ownership of intellectual property and restrictions on use of material
13. With the exception of any third party trademarks or logos provided to us for inclusion on our Platforms, the design of the Platforms along with created scripts, graphics, interactive features, and the like, and the trademarks, service marks and logos contained therein, are owned and licensed to Kea, subject to other intellectual property rights under New Zealand law. You agree not to use, copy or distribute any of the material other than that expressly permitted herein for any commercial purposes.
14. The information contained on our Platforms 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 our Platforms must not in any way infringe the intellectual property or other rights of any person.
15. From time to time you may provide information or material to us for inclusion on our Platforms. 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
16. 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 our Platforms 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 Platforms.
17. Without limiting the generality of the foregoing and to the extent permitted by law, Kea:
(a) makes no warranty (whether express, implied or statutory) as to the completeness, accuracy, reliability or fitness for purpose of any material on our Platforms;
(b) is not liable to you or to anyone else for any errors in the information on our Platforms including in any third party content provided to us for inclusion on our Platforms; and
(c) is not liable for any failure or unavailability of our Platforms for any time period.
18. Without limiting paragraphs 19 and 20, 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 Kea is 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 our Platforms
21. You agree not to use our Platforms to harass, abuse or defame any person or for any unlawful purposes including to upload, post, host, or transmit spam messages, unlawful spamming or to promote any political or religious belief.
22. We may change, suspend, restrict or terminate your access to our Platforms or any part of them for any reason without limiting the generality of the foregoing, this includes for any breach of the terms set out in paragraph 21.
23. Our Platforms 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
24. We make no representation that our Platforms comply with laws (including intellectual property laws) of any country outside New Zealand. If you access our Platforms from outside New Zealand, you are responsible for ensuring compliance with all laws in the place where you are located.
Offer of Securities
25. Any information contained in our Platforms, including information relating to companies or opportunities, or events is being provided by Kea for information purposes only. While all reasonable care has been taken to ensure that the information on our Platforms is accurate, Kea will not be liable for any errors in that information or for any reliance placed on information contained in our Platforms.