Terms

These terms of use (“Terms”) are a legal agreement between you and Ad Net Zero NZ (“Ad Net Zero”, “us” or “we”) in respect of your use of our website at www.adnetzero.co.nz (“website”). By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, we do not grant you permission to use our website.The General Terms below shall apply in all circumstances to your use of our website. Additional terms relating to specific services or products we may provide may apply in addition to the General Terms whenever those services or products are accessed and/or used.

In the event of a conflict between the General Terms and any additional terms, the additional terms shall take precedence in relation to access/use of the services or products in question.

General Terms

1. Registering to use our website

By registering to use our website, you will have access to a range of Ad Net Zero information, products and services. If you have registered to use our website, you should treat the password, or any other piece of information required as part of the registration process as confidential, and you must not disclose it to any third party. It is for your personal use only. We may disable any user access, if, in our opinion, you have failed to comply with this term.

2. Permitted use and restrictions

Subject to you agreeing to abide by these Terms, we grant you the right and access to use our website. We reserve all other rights which are not granted in these Terms. You may view, use and display the website only for information purposes and as otherwise intended by these Terms. We may revoke the permission and/or rights granted in these Terms at any time without notice and with or without cause.

You must not use the website:

(a) in any unlawful manner, for any unlawful purpose or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data, into the website or any operating system used by the website;

(b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(c) to collect or harvest any information or data from the website or our systems or attempt to decipher any transmissions to or from the servers running the website

(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or

(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). You may not carry out any data mining or similar data gathering or extraction methods on the website.

3. Accessing our website

We do not guarantee that our website, or any content on it, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our website for business or operational reasons, or any other reason. We will try to give you reasonable notice in these circumstances.

You are responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms, and that they comply with them.

We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

You must ensure that the equipment used to access the website is suitable for the purpose. You acknowledge and accept that the we cannot be held responsible for any technical problems you encounter while visiting our website.

4. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our website and in the material published on it. All such rights are reserved. Except as set out in these Terms, the content of the website may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purposes whatsoever without our prior written consent. If you are an Ad Net Zero supporter, or an employee of a corporate supporter, you may download, reproduce and edit precedent materials and guidance notes from the website for use by your business (but not for onward sale). You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict the use or copying of any content or enforce limitations on use of the website or its content.

Some materials available on our site require an online payment for their use. Ad Net Zero NZ reserves the right to alter its prices for such materials at any time.

If you submit any feedback, comments or other content to or via our website (‘content’), you must have either created that content yourself or, if that content belongs to someone else, received their prior permission to use it. By submitting any content to or via our website, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual, worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit, that content in any format and on any platform, either now known or hereinafter invented. We have no obligation to monitor, review, or edit any content posted by you or others on our website, but we reserve the right to edit or remove any such content at any time. You also agree that, in submitting any content to our website, you will not include anything which may damage Ad Net Zero or which is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or which encourages conduct which would be considered a criminal offence, give rise to civil liability, violate any law, or which is otherwise inappropriate. We accept no liability for any content submitted by you to our website.

Ad Net Zero does not endorse any submission or any opinion, recommendation or advice expressed by users of our website except insofar as any opinion, recommendation or advice is clearly expressed to be by representatives of Ad Net Zero in their official capacity.

5. Reliance on information posted

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

6. Our liability

Nothing in these Terms will limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any other liability that cannot be excluded or limited by applicable law. Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any products or services to you, which will be set out in the relevant additional terms.

If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our website; or
use of or reliance on any content displayed on our website.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer:
We only provide our website for information purposes. You agree not to use our website for any commercial or business purposes other than as intended by these Terms, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7. Privacy

For details on how we use personal information, see our Privacy Policy. By agreeing to these Terms, you are also agreeing to the processing of your personal information as explained in the Privacy Policy.

8. Links to and from our website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not frame or deep link this website. The website from which you are linking must comply in all respects with applicable laws. You must not establish a link in such a manner that suggests endorsement, association or approval on our part where none exists.

Where our website contains links to third party websites and resources, these links are provided for information only. We have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

9. Termination

We may terminate these Terms and your permission to use the website immediately if:

(a) you commit any breach of these Terms;

(b) we discontinue the website; or

Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the website (and/ or your access to it) at any time with or without notice to you.

On termination of these Terms for any reason:

(a) all rights granted to you under these Terms will immediately cease;

(b) you must immediately cease all activities authorised by these Terms; and

When your use of the website ceases, any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

10. Other important terms

You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless Ad Net Zero agrees in writing. Ad Net Zero may assign, transfer or sub-contract any of its rights or obligations under these Terms to any third party at its discretion. No delay by either party in exercising any right or remedy under these Terms, or any leniency in exercising such rights or remedies, shall operate as a waiver of the right or remedy or affect the relevant party’s scope to subsequently exercise that right or remedy. Any waiver by a party will be issued only in writing.If any provision of these Terms is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

These Terms constitute the entire agreement and understanding between you and us relating to the subject matter of these Terms and supersede any prior agreement or understanding between you and us relating to the subject matter of these Terms. You acknowledge that you have not entered into these Terms in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms (other than in respect of any fraudulent misrepresentation).

11. Changes

We reserve the right to revise these Terms at any time by amending this page and your continued use of the website after any such amendments are published on the website will be considered acceptance by you of such amended Terms. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you. The date these Terms were last updated appears at the bottom.

12. Contact Us

Questions and comments regarding these Terms should be sent to: adnetzero@commscouncil.nz

Registered address: PO Box 105-052, Auckland Central, Auckland 1010

These Terms were last updated on 28 July 2023.