1. Applicability and agreement to terms

1.1 By using the Website, you accept these Terms of Use and are bound by them.  If you do not accept these Terms of Use, you should not use the Website.

1.2 Please read these Terms of Use carefully.  They apply to your use of this website found at www.[insert website address and each of the website's sub-domains] (the "Website").

2. Who's Who

2.1 In these Terms of Use:

"We", "us", and "our" are references to [insert website owner];

"You" and "your" are references to you.

3. Amendments to these Terms of Use

3.1 We may amend these Terms of Use in whole or in part from time to time.  Amendments will be effective immediately when we post the amended Terms of Use on the Website.  You are responsible for ensuring you are familiar with the latest Terms of Use.  By continuing to use the Website, you agree to be bound by the Terms of Use as amended (whether or not you have received any amendments).

4. Intellectual property rights

4.1 IP rights in Website

We (and our licensors or suppliers, as the case may be) own all intellectual property rights in the Website, including all of the content of the Website (such as text, graphics, logos, icons and sound recordings) and all software code underlying and forming part of the Website.

4.2 Your right to use the Website

You may not without our prior written permission, in any form or by any means:

(a) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create adaptations from any part of the Website (including the content of the Website); or

(b) commercialise, copy, or on-sell any information, or materials obtained from any part of the Website (including the content of the Website).

5. Our right to use your content

5.1 When posting or uploading any content to the Website or making contact with other users of the Website:

(a) you agree that any such content may be used, copied, distributed, amended, developed, published or disclosed by us at any time in any form and for any purpose without payment or credit of any kind; and

(b) you warrant that you own any intellectual property rights in such content.

6. Acceptable Use

6.1 Compliance with law

You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of the Website.

6.2 Specific prohibitions

Without limiting clause 6.1, in particular, you agree not to:

damage or harm the Website, or any underlying or connected network or system;

use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Website or content featured on it for any purpose;

introduce any viruses, content or code to the Website which is technologically harmful;

use the Website to do anything unlawful, misleading, malicious, or discriminatory;

do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;

facilitate or encourage any violations of these Terms of Use;

upload or post any content on the Website (or use the Website to transmit any communication) which is in our view illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable. 

send or otherwise post unauthorised commercial communications (such as spam) on the Website;

engage in unlawful multi-level marketing, such as a pyramid scheme on the Website;

solicit log in information or access an account belonging to someone else;

bully, intimidate, or harass any user/member of the Website;

offer any contest, giveaway, or sweepstake on the Website without obtaining our permission.  If we consent, you take full responsibility for the contest, giveaway, or sweepstake, and agree to comply with all applicable laws,

or attempt to do any of the above.

6.3 Monitoring and removal of content

We are not obliged to monitor your use of the Website (including any comments made on, or content posted or uploaded to, the Website).  However, we may decline to publish, remove or modify comments or content, if we, in our sole discretion, consider them to be inappropriate or consider that they otherwise breach these Terms of Use or any additional terms. 

6.4 Linking

You agree not to create a link to the Website without our express prior permission.

6.5 Unsolicited email

Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email.  Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.

6.6 Our rights and remedies

Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms of Use, we may:

limit your activities on the Website;

warn other users of your actions;

issue a warning to you;

suspend or cancel your access to the Website;

co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any content in breach of these Terms of Use; and/or

disclose your identity and any other information we hold about you to any law enforcement authority if we believe this would assist to prevent the commission of any crime against a person or persons.

6.7 General indemnity

You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Use, or arising out of any content or item you submit, post, upload, transmit, link to or make available.

7. Our liability

7.1 Advertisements and links

Responsibility for the content of advertisements appearing on the Website (including links to advertisers' own websites) rests solely with the advertisers.  The placement of such advertisements on the Website does not constitute our recommendation or endorsement of the advertised product or service.  Each advertiser is solely responsible for any representation made in connection with its advertisement.  Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites.  Articles or reports by named authors express their own views and do not necessarily reflect the views of [the website owner].

7.2 Reasonable care

We will use reasonable endeavours to ensure:

the availability of the Website subject to any downtime for maintenance; and

the information provided on the Website is reliable, up-to-date, complete and accurate at the time of publishing.

7.3 No liability

The Website is provided on an "as is" and "as available" basis. You agree that, to the maximum extent permitted by law:

any and all of our liability and responsibility to you or any other person:

under or in connection with these Terms of Use; or

in connection with the Website (including any errors in or omissions from the Website), any goods or services provided on or through the Website, another user's/member's acts or omissions (including any comments or content posted), or your use of or inability to use, the Website (including any loss or corruption of data),

is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;

our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss; and

we disclaim and exclude all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Resolution of disputes

8.1 Except to the extent you need to contact us to inform us of any breach of these Terms of Use, you agree not to involve, or attempt to involve us, in any dispute or in the resolution of disputes that arises between you and another user.

8.2 If you wish to notify us of any dispute you have with us, you should contact info@lgwm.nz

9. Privacy statement

Our treatment of personal information is set out in our privacy statement.  By agreeing to these Terms of Use or using the Website, you will be taken to have read and agreed to the terms of the statement.  You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information.  If you want to check your personal information that we may have collected from you and hold (or to request the correction of any such information), please write to info@lgwm.nz

10. General

10.1 No waiver

If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of those rights.

10.2 Entire agreement

These Terms of Use, our privacy statement and any additional terms referenced on the Website constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us, relating to the subject matter of these Terms of Use.

10.3 Remedies cumulative

The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by these Terms of Use or Law.

10.4 Severance

If any provision of these Terms of Use become or is held to be illegal, invalid or unenforceable in any respect, that provision shall be read down to the extent necessary to make it legal, valid and enforceable or, if it cannot be read down, be deemed severed from these Terms of Use.  Neither such change shall affect the legality, validity and enforceability of the other provisions of these Terms of Use.

10.5 Governing law

The Website and these Terms of Use is governed by the laws of New Zealand.  When you access the Website, you submit to the exclusive jurisdiction of the New Zealand courts.