Village guide terms of use

1.1 Village Guide Limited (NZCN 5546711) (Village Guide, we, us or our) operates a website (www.villageguide.co.nz) (Website) for our products and services.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
a you agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, both you and that person are bound by these Terms.
1.3 Use of the Website includes accessing, browsing, logging into your account with us, registering to use the Website, searching our online database or submitting an expression of interest for retirement villages, care homes or otherwise.
1.4 If you do not agree to these Terms, you are not authorised to access and use our Website, and you must immediately stop doing so.
2.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
2.2 If you are a registered user of the Website you are responsible for keeping your User ID and password secure and:
a not permit any other person to use your User ID and password, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any disclosure or unauthorised use of your User ID or password, by sending an email to info@villageguide.co.nz.
2.3 You must:
a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any network, system, software, data or material that underlies or is connected to the Website (Underlying System), or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
2.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to info@villageguide.co.nz.
2.5 You must not use our Website other than for personal, non-commercial purposes. You must not copy or use any of the information contained on our Website for any other purposes.
2.6 You indemnify us against all loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost (including legal costs on a solicitor and own client basis) (Loss) we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID and password.
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems. You must not use or distribute our intellectual property without our prior written consent.
4.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a the Website being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through the Website, including any information in a listing or other information on retirement villages or care homes;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d any site linked from the Website. Any link on the Website to other sites is provided for your information only and you acknowledge that we do not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
4.2 We exclude to the fullest extent permitted by applicable law all liability for any Loss arising out of or in any way connected with your use of the Website.
4.3 Without limiting clause 4.2:
a you rely on information provided by retirement villages and care home operators at your own risk;
b you acknowledge we do not, control, inspect, endorse, approve or check the availability, condition or nature of any advertised services or the accuracy, currency, truth or completeness of the information provided by retirement villages and care home operators and it is your responsibility to do so; and
c all opinions, advice, information and other content on the Website (including that contained in articles, videos and downloads) are provided for guidance purposes only. We make no representation or warranty that any opinion or advice contained on our Website is the opinion or advice of Village Guide. We are not liable for any opinion or advice contained on the Website. You must carry out your own research and seek advice from your own advisers as to your use of our services.
4.4 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
5.1 To the maximum extent permitted by law:
a you access and use the Website at your own risk; and
b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
5.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
5.3 To the maximum extent permitted by law and only to the extent clauses 5.1 and 5.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
6.1 When you provide personal information to us (as defined in the Privacy Act 2020), we will comply with the New Zealand Privacy Act 1993 and with our Privacy Policy.
7.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
7.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
8.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
8.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
8.3 These Terms were last updated on 10/11/2021.
9.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
9.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
9.3 For us to waive a right under these Terms, the waiver must be in writing.
9.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 2.6, 3, 4, 5, 9.1, continue in force.
9.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
9.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

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