1Application of terms
Village Guide Limited (NZCN 5546711) (Village Guide, we, us or our) operates a website
(www.villageguide.co.nz) (Website) for our products and services.
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.
you agree to these Terms; and
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.
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.
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.
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.
If you are a registered user of the Website you are responsible for keeping your User ID and
password secure and:
not permit any other person to use your User ID and password, including not disclosing or
providing it to any other person; and
immediately notify us if you become aware of any disclosure or unauthorised use of your User ID or
password, by sending an email to email@example.com.
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
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.
You must obtain our written permission to establish a link to our Website. If you wish to do so,
email your request to firstname.lastname@example.org.
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.
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
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.
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:
the Website being unavailable (in whole or in part) or performing slowly;
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;
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
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.
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.
Without limiting clause 4.2:
you rely on information provided by retirement villages and care home operators at your own risk;
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
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.
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.
To the maximum extent permitted by law:
you access and use the Website at your own risk; and
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.
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.
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
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
Suspension and termination
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).
On suspension or termination, you must immediately cease using the Website and must not attempt to
gain further access.
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
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
These Terms were last updated on 10/11/2021.
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.
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
For us to waive a right under these Terms, the waiver must be in writing.
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.
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.
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.