Terms of use

Welcome to nzica.com website ("the Site"). This Site is operated and owned by the New Zealand Institute of Chartered Accountants ("NZICA"). Your access to and use of the Site is conditional on acceptance of these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions. Please read them carefully before using the Site.

Contents

1. Access

2. System Integrity and User Conduct

3. Privacy and Security Statement

4. Postings

5. Links and Advertising

6. Disclaimer of Warranties and Limitation of Liability

7. Indemnification

8. Intellectual Property Rights

9. General

 

 

1. Access

a. To use this Site, you need the equipment and connections necessary to access the World Wide Web. You are responsible for:

i. the provision of any such connection or access to the World Wide Web;

ii. the payment of any fees associated with such connection or access (such as those charged by an Internet service provider or other online service); and

iii. the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.

b. NZICA reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that NZICA believes, in its sole discretion:

i. violates any term or provision of these Terms and Conditions; or

ii. violates the rights of NZICA or third parties; or

iii. is otherwise inappropriate for continued access and use of the Site.

2. System Integrity and User Conduct

a. You must not use the Site to:

i. impersonate or otherwise misrepresent your identity or affiliation with any other person or entity; ii. post, disclose or transmit any material that is defamatory, obscene, misleading or deceptive, or which infringes NZICA's or any third party's intellectual property or breaches any duty of confidence or contractual obligation owed to NZICA or any third party;

iii. send junk, obscene, indecent, offensive or threatening electronic mail or "spam" to any person or company;

iv. falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;

v. conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;

vi. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

vii. attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;

viii. commit forgery (or attempted forgery), harass any individual, or harm minors in any way;

ix. collect, store, post, disclose or transmit personal information or data about others, including, without limitation, tax file number information and email addresses; or

x. breach the Privacy Act, or contravene or breach any other applicable law, convention or regulation.

b. You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Site. You agree to notify NZICA immediately of any unauthorised use of your password or any other breach of security.

3. Privacy and Security Statement

a. NZICA's Privacy and Security Statement forms part of these Terms and Conditions.

4. Postings

a. NZICA Community (the "Community") is provided by NZICA to NZICA members, NZICA candidates, students, subscribers to various NZICA services and members of the public in some cases.

b. Subject to 4.3 below, NZICA may also establish private groups in the Site containing forums, discussion boards and other areas that permit comment or the posting of messages and are only accessible to particular persons, or those invited to participate. You should still regard these private groups of the Site as a means of public, not private, communication, as your comment or messages will be available to other users of the private group of the Site or to NZICA, and you will be identified by your username as the author of any contributions you make to the private group of the Site.

c. NZICA may establish sections of the Site where comments and the posting of messages will be on an anonymous basis, or only be able to be read by NZICA. In these circumstances, you will not be identified publicly, or to the users involved in the private groups of the Site, by your username as the author of any contributions. You will remain responsible, however, for the content of any material you do post.

d. The Site is intended for use by people who value good manners. Please respect others in your choice of words and thoughts that you post on the Site. You are solely responsible for the content of the postings you publish. When publishing to the Site, you must not:

i. repeat the same line four or more consecutive times;

ii. type gibberish (random keys);

iii. repeat the same character excessively;

iv. use swear words; or

v. type in capital letters excessively. It is considered rude to conduct all your conversation in capital letters.

e. You expressly acknowledge and agree that the forums, discussion boards and other areas on this Site that permit comment or the posting of messages provide a means of public, not private, communication. You will be identified publicly by your username as the author of any contributions you make to the Community.

f. NZICA will take all care to ensure postings are appropriate, but will not be liable for any information displayed on the Community or any private group, whether offensive to persons or group of persons, upsetting, defamatory, in any way unsuitable for people under the age of 18 years, or otherwise, or for the accuracy of such information.

g. All material posted by you on the Community will be taken to be submitted for publication by NZICA on this Site and elsewhere free of charge. NZICA and each user of this Site is granted a perpetual, royalty-free, non-exclusive, worldwide licence to use, reproduce, publish and communicate to the public such material in any form and by any means. In submitting material to the Community and private groups, you consent to anything being done by NZICA or any user of this Site in respect of such material that could otherwise amount to an infringement of your moral rights in such material, and warrant that you have obtained such consent from all other authors of such material.

h. All material posted by you in a private group will be taken to be submitted on the basis that:

i. each user of the private group is granted a perpetual, royalty-free, non-exclusive, worldwide licence to use, reproduce, publish and communicate to other users of the private group such material in any form and by any means; and

ii. NZICA is granted a perpetual, royalty-free, non-exclusive, worldwide licence to use, reproduce, publish and communicate such material to other users of that private group or any other private group, and to NZICA's directors, employees, agents and contractors (and elsewhere rovided that NZICA does not identify you as the author and provided further that in the case of group's whose existence is not known to the general public, such material will not be communicated elsewhere if the person posting the material has notified NZICA that he or she does not want the material communicated outside NZICA's private groups and NZICA's directors, employees, agents and contractors), in any form and by any means, and in submitting material to a private group, you consent to anything being done by NZICA and by any user belonging to that or any other private group, in respect of that material that could otherwise amount to an infringement of your moral rights in such material, and warrant that you have obtained such consent from all other authors of such material.

i. Your right to use the Community and any private group is subject to any limitations, conditions and restrictions established by NZICA and NZICA may, at its discretion alter, suspend or discontinue any aspect of the Community or any private group at any time. NZICA may also impose limits on certain features and aspects of the Community or any private group or restrict your access to parts or all of the Community or any private group without notice or liability.

j. NZICA reserves the right to edit or delete any material posted by you on the Site for any reason at its discretion.

5. Links and Advertising

a. This Site may contain links to third party websites. Those sites are not under the control of NZICA and NZICA is not responsible for the content or the links contained in those sites. Neither NZICA nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party sites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.

b. The Site may contain advertisements for third parties' goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither NZICA nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.

6. Disclaimer of Warranties and Limitation of Liability

a. Subject only to 6.2 below:

i. this Site is provided by NZICA on an "as is" basis without any express or implied warranty of any kind;

ii. the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.

iii. NZICA does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;

iv. NZICA does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of any material on or accessible through the Site;

v. NZICA may change any of the material on the Site at any time without notice;

vi. NZICA makes no commitment to update any material on the Site;

vii. You are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;

viii. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site;

ix. neither NZICA nor any of its officers, directors, employees, agents or related bodies corporate shall be liable for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the material or information available on or accessible through the Site, even if NZICA has been advised of the likelihood of such damages.

b. Where the laws of any country or state in which these terms and conditions are effective implies into these terms and conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these terms and conditions provided that the liability of NZICA, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of NZICA, to:

i. in the case of services, the supply of the services again, or the payment of having the services resupplied and

ii. in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.

7. Indemnification

a. You agree to indemnify, defend, and hold harmless NZICA, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the Site or your failure to comply with these terms and conditions, or from your violation of any applicable law.

8. Intellectual Property Rights

a. The information, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the "Content") is protected by copyright, trade mark and other intellectual property laws.

b. You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way the Content except as expressly provided in these Terms and Conditions or as permitted by the Copyright Act.

c. NZICA logo and name are the trademarks of NZICA, and may not be used as part of your business or in connection with any goods or services without the prior written consent of NZICA.

9. General

a. NZICA may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.

b. NZICA shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of NZICA, including any form of technological failure or the actions of third parties.

c. These Terms and Conditions constitute the entire agreement between you and NZICA with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.

d. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.

e. The failure by NZICA to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of NZICA in respect of any existing or subsequent breach of these Terms and Conditions.

f. New Zealand law governs these Terms and Conditions. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of New Zealand for any cause of action relating to or arising under these Terms and Conditions.

g. NZICA operates the Site in New Zealand. Information contained on the Site may not be appropriate or available for use in other locations. If you access the Site from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.

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