TERMS AND CONDITIONS
To complete your registration you must read and agree to comply with the terms of the User Registration Agreement below.
These terms and conditions become a legal agreement between you (as the user) and MH NZ LTD ("MH") when MH provides you with your dedicated VAM username and password. This agreement constitutes the terms and conditions in respect of your access to and use of the VAM Web Site and the images provided by it (together referred to as "the Site"). Please read this Agreement carefully. By accessing the Site you agree to be bound by these terms and conditions.
1. GRANT OF LICENCE
1.1 MH grants you a personal, non-exclusive, non-transferable licence to access the site, to access the images on the website and to use the images for your own business purposes.
1.2 You are responsible for obtaining access to the Site via the Internet and that access may involve third party fees (such as Internet service provider or telecommunications charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
1.3 You acknowledge that the ownership of the images remains with or has been granted to MH as a licensee and you further acknowledge and agree that you will only use the images in a proper and business like manner, and you will not alter or modify the image in any such format to bring the owner of the image into disrepute.
2. DURATION OF THE USER AGREEMENT
2.1 This Agreement will start at the time you receive your dedicated VAM username and password from MH and will continue until either you or MH terminate it. Either party may terminate this agreement immediately by serving notice by email. Upon this notice this Agreement will terminate and you will cease to be an authorised user of the Site.
3. NOTICES
3.1 You may serve a notice on MH for the purposes of this agreement by sending it by e-mail to helpdesk@vam.co.nz or by post to VAM Webmaster, MH NZ LTD, PO Box 7104, Auckland New Zealand. MH may serve a notice on you by sending it to your e-mail address or postal address appearing on the Application for Subscription Form you have completed. Notices will be deemed to have been served one hour after transmission by e-mail or 3 days after dispatch by post. You are responsible for notifying MH of any change to your e-mail or postal address.
4. USERNAME AND PASSWORD
4.1 You are responsible for all use of the Site made using your username and password, whether or not the use is made by you or by someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorised use. If you believe there has been a breach of security of your username or password, such as theft or unauthorised use, you should notify MH immediately by e-mail to helpdesk@vam.co.nz.
4.2 If MH has reason to believe that any information you have supplied is not accurate, or if MH considers that you have breached this agreement, it may terminate this agreement immediately with no liability to you for any direct, indirect, or consequential damage or loss and you will cease to be an authorised user of the Site.
5. CHANGES TO THE USER AGREEMENT
5.1 MH may add to, remove or change the provisions of this Agreement from time to time. All additions and changes will be notified to you by email or on the Site itself. They will come into effect immediately upon notification and you will be deemed to have accepted them if you access the Site after that time. If you do not wish to accept these changes, you must terminate this Agreement as described above.
6. MODIFICATION OF SITE OR SERVICE
6.1 MH reserves the right to change, modify, suspend or discontinue any or all parts of this Site at any time, temporarily or permanently. MH reserves the right to restrict a user's access to parts or the entire Site without notice or liability.
7. COPYRIGHT
7.1 The Site is protected under copyright and other laws of New Zealand, and under international conventions, and similar laws abroad. Unless otherwise stated, copyright and other intellectual property rights in the Site (including all material published on the Site) is owned or controlled by MH or its licensors.
7.2 You agree not to remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use which MH may post on the Site.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1 If you use or rely on the Site or any images or materials available through the Site, you do so solely at your own risk. The Site is provided "as is" and "as available".
8.2 Access to the Site may be interrupted, restricted or delayed from time to time. MH does not warrant or guarantee that the Site will be available continuously or that the operation of the Site will be error-free. MH will not be liable for loss, damages, expenses or refunds of fees should the Site become unavailable or delayed, permanently or temporarily, or if access to the Site becomes impeded for any reason.
8.3 The information contained within the Site is for informational purposes only. You recognise and agree that all materials that are provided as part of the Site are sourced from third parties outside MH and as such, MH cannot and does not provide any warranties of any kind whatsoever in relation to any images or materials provided to you through the Site. MH does not give any warranty or other assurance as to the content of the material appearing on the Site, its accuracy, completeness, timeliness or fitness for any particular purpose.
8.4 To the full extent permissible at law, MH excludes all liability for damage or loss (including, without limitation, financial or economic loss, damages for loss in business projects, loss of profits, revenue or anticipated savings, loss or damage to reputation or goodwill, indirect or consequential losses, punitive or special damages), arising in contract, tort (including negligence) or otherwise from the use of, or inability to use, the Site, or any images or material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material.
8.5 If you acquire goods or services using the Site for the purposes of a business, the guarantees and rights provided by the Consumer Guarantees Act 1993 will not apply to the supply of those goods or services. If you are a consumer and acquire goods or services using the Site other than for the purposes of a business, this Agreement does not affect your rights under the Consumer Guarantees Act 1993.
8.6 Although MH intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, MH does not guarantee or warrant that the images or materials that may be available from the Site do not contain such destructive features. MH excludes all liability for any loss or damages or harm attributable to such features.
8.7 Some of the images and information on the Site is sourced from third parties. The limitations and exclusions of liability, indemnities and disclaimers set forth in this Agreement apply for the benefit of and may be enforced by those third parties in relation to the images and information sourced by MH from those third parties.
9. INDEMNITY
9.1 You shall indemnify MH for any reasonably foreseeable costs (including settlement and legal fees), damages, losses or expenses that MH may incur, suffer or become liable for as a result of: (a) Your breach of this Agreement; (b) Your intentional misuse of VAM; (c) Your negligent acts, errors or omissions; or (d) Any claim, suit, action or proceeding brought by a third party against MH as a result of the matters set out in paragraph (a) - (c).
9.2 Nothing in this clause 9 limits any rights or remedies MH may have under statute or under the general law.
10. ADVERTISING MATERIAL
10.1 The Site may include advertising and other material submitted by parties other than MH and the Site may provide links to other sites operated by advertisers or other third parties. MH is not responsible for the content or availability of any third party advertising or website and does not endorse the same. Those third parties (and not MH) are responsible for ensuring that such material and such sites comply with all relevant laws and regulations. To the full extent permissible by law, MH disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.
11. PRIVACY
11.1 MH is an Agency for the purposes of the Privacy Act 1993. All personal information you supply to MH will be dealt with by MH in accordance with that Act. Unless you have indicated to the contrary on the User Registration Form, MH may from time to time send you information on selected products and services and invite others to do so. You are deemed to have given your permission to MH to convey all or part of your registration information to independent auditors for the sole purpose of verifying site usage statistics. As part of the verification process, you may be contacted by these independent auditors and asked to confirm that you have registered with the Site. Accordingly, you may not register any personal details other than your own.
11.2 You have the right to access and correct any personal information retained by MH
12. INFORMATION SUPPLIED TO MH NZ LTD
12.1 Should any user of the Site provide information to MH, including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and MH shall have no obligation of any kind with respect to such information. In addition, MH shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorise others to do the same. Further, MH shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information, the use of which will be governed by clause 11 above.
13. FEES
13.1 You agree to pay all fees incurred as a result of using the Site.
13.2 MH reserves the right at any time to charge fees for access to any material appearing on the Site. At the relevant time a notice will appear when you visit the Site and will give you the relevant details. You will have the opportunity to restrict your access to material for which no charge is made or to terminate this agreement if you do not wish to continue.
14. TRADE MARKS
14.1 The name and logo of MH and "VAM" are registered trademarks of MH or its licensors. You are not permitted to use or reproduce or allow anyone to use or reproduce these trademarks for any reason without our express written permission. The software underlying and operating the Site is proprietary software and you are not permitted to use it except as expressly allowed under the terms of this agreement. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited.
15. GOVERNING LAW
15.1 This agreement is deemed to have been made in New Zealand and is governed by New Zealand Law. Any dispute relating to this agreement shall be referred to the New Zealand courts and the New Zealand courts shall have jurisdiction to hear and determine such dispute.