Disclaimer and Terms of Use

These terms of use (“Terms of Use” or “Terms”) were last updated on 23rd October 2024.

Introduction

In these Terms of Use, each reference to Nelson Regional Development Agency (“we”, “us” and “our”) means Nelson Regional Development Agency Limited. 

The https://www.nelsontasman.nz/ website (“Site”) is the official website for tourism, talent and investment and is administered by the Nelson Regional Development Agency.

The following Terms of Use form a contract between you and the Nelson Regional Development Agency for your use of this Site and any assets you download or share from this Site (“Assets”). By accessing and browsing this Site, you agree to be bound by these Terms, whether you register as a user or not. If you do not agree to these Terms, you must not use our Site. 

Your use of this Site

You agree not to use this Site for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this Site whether by way of a virus, corrupted file, or through any other means.
You also agree not to alter, modify, reproduce, communicate to the public, or otherwise deal with the content, software, text, graphics, layout or design of this Site except in accordance with these Terms of Use.

Intellectual property

The materials displayed on this Site are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. Unless otherwise stated, copyright and other property rights in all material published or available on this Site, including the text, graphics, illustrations, artwork, video, music, logos, icons, sound recordings, layout, designs, source code, computer programs and software, audio, visual elements and Assets shall belong to us or to our licensors (together, “our intellectual property”).

Except as expressly permitted in the Licence Terms beside each Asset, or with our prior written permission, you may not in any form or by any means:

  • use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate, transmit, or otherwise deal in any way with our intellectual property; or
  • commercialise any information, products or services obtained from any part of this Site.

Trade marks

The name and logo of Nelson Regional Development Agency and all trade marks appearing on this Site belong to us, our suppliers, our affiliates, or our licensors. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without our prior written permission (or the prior written permission of the applicable supplier, affiliate, or licensor) in each case.

Use of Assets and Images

By downloading, using and distributing content from our visual library, you are deemed to have confirmed acceptance of our Terms of Use specified on each image download.

You may access, view, print, and where applicable, download the content on this Site for non-commercial purposes. You may share content provided that it is attributed to Nelson Regional Development Agency Limited and any copyright notices are reproduced on the shared content. No part of this Site or the Assets may be distributed or copied for any commercial purpose.

Electronic Communications

By subscribing to receive communications from us, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to receiving electronic messages and information sent by us (or on behalf of us) for any purposes described in our Privacy Policy or otherwise disclosed to you. 

Privacy

Where we collect your personal information as a result of you accessing or using this Site, our Privacy Policy will apply to that collection of personal information. Accordingly, these Terms of Use must be read together with our Privacy Policy.

Liability and Indemnity

To the maximum extent permitted by law, neither Nelson Regional Development Agency nor our suppliers, affiliates, agents, contractors, service providers or licensors will, under any circumstances, be liable (in tort, contract or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic damages or losses (howsoever caused), which you may directly or indirectly suffer in connection with:

  • your use of, or inability to use, the Site or any material available on or through the Site;
  • any errors or omissions in any content on the Site; and 
  • any action or decision taken as a result of using this Site, or any material available on or communicated to you through the Site.

To the extent that liability cannot be excluded, our liability is limited to NZD0.01 (one cent).

You agree to indemnify, defend, and hold harmless Nelson Regional Development Agency, its officers, directors, shareholders, employees, consultants, licensors, agents, and related bodies corporate from any and all third-party claims, liability, losses, damages, and costs arising from your use of, or reliance on, this Site or any material available on or through this Site (including the Assets and user content), your failure to comply with these Terms, or from your violation of any applicable law.

Third-party websites 

This Site may contain hyperlinks to third-party websites (‘external hyperlinks’). External hyperlinks are provided for your convenience only and may not remain current or be maintained. We make no endorsement of, and accept no responsibility for, any content accessible through any external hyperlinks. We will not be liable for any damages or losses arising out of or in connection with or incidental to any information or service provided by any third party. You are responsible for complying with any terms and conditions and privacy policies located on third-party websites.

Except as expressly stated, the Nelson Regional Development Agency does not endorse any website, organisation or person who may have off-site links to this Site (or any hyperlink of this Site). You may not link your website to this Site without the prior written consent of the Nelson Regional Development Agency. We reserve the right to prohibit links to this Site and you agree to remove or cease any link upon request from Nelson Regional Development Agency. You may not frame any part of the material on this Site by including advertising or other content or revenue-generating material.

Security 

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this Site, we do not guarantee or warrant that this Site, or any material available on or through it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this Site does not expose your computer system to the risk of interference or damage from malicious code.

We do not accept any responsibility or liability for interference or damage to your computer system that may arise in connection with your access to the Site, or any external hyperlinks. 

User Content

This Site may from time to time enable you and other users to submit content and allow you to access other user-supplied content (”user content”). 

By creating, modifying, transmitting, uploading, or submitting any user content, you:

  • represent that the user content is yours, or you have the right to use it and that the user content complies with these Terms; 
  • grant us a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, assignable licence to publicly display, communicate to the public, and make the user content available (by all means and in any media now known or hereafter developed) to other users of this Site and other users of our services in such manner as we may permit from time to time; 
  • acknowledge that you are solely responsible for user content that you submit, and that Nelson Regional Development Agency takes no responsibility and assumes no liability for user content; 
  • acknowledge that we have no liability to you for any user content submitted by other users, that may be made available to you; 
  • acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your user content, or for the granting of the rights described above; 
  • represent that the user content does not infringe any third-party rights; and 
  • represent that the user content does not contain matter that may damage the reputation of Nelson Regional Development Agency (and our suppliers, affiliates, or licensors), Asset owners, or the greater New Zealand tourism industry.  

We have no obligation to you to make this Site or any user content or Assets available. Nelson Regional Development Agency may in its absolute discretion, remove any user content or Assets at any time. We may at any time edit, refuse to display, or remove any user content as we deem appropriate without reference to you. 

Feedback 

If you give us feedback about this Site, our services or Assets, we may use that feedback for the purpose of improving our Site, our services or Assets (and for any other purpose we deem necessary or desirable). If you do send us feedback or ideas:

  • they will be treated as user content in accordance with these Terms of Use;
  • they will be deemed non-confidential; and
  • we will not be required to provide any acknowledgement of their source or pay you any compensation.

Warranties and Disclaimers

While we endeavour to ensure the information and content available through this Site is current, accurate and complete, we do not warrant or guarantee that such information and content will be current, accurate or complete when you access it. 

To the maximum extent permitted by law, and subject to any agreement we have with you that provides to the contrary, we provide this Site and all Assets, material, information, and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
You acknowledge that if you rely on this Site or any Assets or other material available through this Site, you do so solely at your own risk.

The views expressed in any third-party material (including the Assets) or user content on or available through this Site are not necessarily the views of Nelson Regional Development Agency, and we expressly disclaim all responsibility for any third-party material or user content on or available through this Site.

These terms of use shall not limit or restrict any right you may have under New Zealand law, including the Consumer Guarantees Act 1993, if it is applicable. However, if you are using any of our services for business purposes, you agree that to the maximum extent permitted by law no guarantees and remedies provided under the Consumer Guarantees Act 1993 shall apply to those services.

If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

Your use of this Site and any associated services may sometimes be subject to interruption, unavailability, restriction, or delay. Due to the nature of the Internet and electronic communications, we (and our service providers) do not make any warranty that this Site or any associated services will be error-free, without interruption or delay, or free from defects. We will not be liable to you should this Site or the services supplied through this Site become unavailable, interrupted, restricted or delayed for any reason.

Changes

We may add to, modify, suspend, or remove this Site or any information, feature, specification, or material on or incorporated in this Site at any time and without notice to you. We may change these Terms of Use from time to time by publishing the updated Terms on this Site, and such changes take effect once published on our Site. You should review our Terms of Use periodically to be aware of such changes.  Your continued use of the Site constitutes acknowledgement of these Terms of Use as updated. 

Applicable Laws

This Site is controlled and operated by us, from offices within New Zealand. Details contained on this Site have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information available from this Site is appropriate in other countries. If you choose to access this Site from outside New Zealand, you are responsible for complying with applicable local law.

General 

These Terms of Use (and any contracts between you and us which arise through your use of this Site) are governed by the laws of New Zealand. Each party submits to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute arising in relation to these Terms of Use (and any contracts between you and us which arise through your use of this Site).

These Terms (together with any other terms and conditions or contracts notified by us to you) constitute the entire arrangement between us and you regarding your use of the Site and supersede all prior arrangements, agreements, and understandings between you and us. 

Any delay or failure to enforce our rights under these Terms does not mean we have waived those rights. 

Contact us

Contact us if you have any questions or concerns in relation to this Site or these Terms.

Copyright © 2024 Nelson Regional Development Agency Limited. All Rights Reserved.