Terms & Conditions
These terms and conditions are designed to make www.apia.org.nz a safe and workable place for our Users.
1. ACCEPTANCE OF TERMS AND CONDITIONS:
These terms and conditions are the terms on which APIA offers you access to the Site and in particular but without limitation APIA TV.
As a User of the Site you are agreeing to be bound by these terms and conditions and you agree to be bound by these terms and conditions as well as any other guidelines, rules, and additional terms referenced herein as well as any regulations and Rules if you are a Member and further including any amendments made to any of them from time to time. Each time you access the Site you confirm that you have read and understood these terms and conditions.
If you do not accept or are unwilling to be bound by these terms and conditions then you must not use or access the Site.
2. FUTURE AMENDMENT OF TERMS AND CONDITIONS:
We may amend these conditions in whole or in part from time to time in our sole discretion and we recommend that you check them on a regular basis. Amendments will be effective immediately upon posting of the amended terms and conditions on this Site or on new terms being accepted. You are responsible for ensuring you are familiar with the latest version of the terms and conditions. You agree to check the terms and conditions each time you use the Site and will be taken as accepting the then current terms and conditions each time you choose to use the Site.
In these terms and conditions, the following words have the meanings set out as follows:
“APIA” means Auckland Property Investors Association Incorporated
“APIA TV” means the web-based educational video service APIA makes available on its Site to Users in consideration of the APIA TV Subscription Fee.
“APIA TV Subscription Fee” means the fee payable by a User for access to APIA TV determined by APIA from time to time.
“Member” means a member of APIA.
“User” means any person visiting the Site or providing content on the Site whether that person is a Member or not.
“Rules” means the rules of APIA from time to time.
“Site” means the website known as “www.apia.org.nz” or any website which may be owned by APIA from time to time including, but not limited to, any part of the Site devoted to APIA TV.
“we” , “us” and “our” are a reference to APIA.
“you” and “your” are a reference to you.
4. MEMBERSHIP AND APIA TV
4.1 Membership Application
In order to renew any membership to APIA you should follow any directions we put on the Site. You will follow the required steps to renew your membership as applicable and complete the required information accurately and truthfully. Full payment of the relevant subscription fee and joining fee (if applicable) is payable in advance.
Once your membership is renewed you may not cancel your membership but you may transfer your membership to another person with our consent and provided you pay any administration fee we determined from time to time.
If you fail to renew your membership then any application for membership will be considered a new application for membership and we may charge you any joining fee we determine from time to time.
4.2 APIA TV Subscriptions
APIA TV is offered to Users as a web based subscription service. You acknowledge that if you subscribe to APIA TV you will be liable for payment of the APIA TV Subscription Fee at the time and in the amounts determined by us from time to time. If you fail to pay any amount due as the APIA TV Subscription Fee then we may cancel your access to APIA TV without further notice to you.
4.3 Disclaimer of Liability for APIA TV
The content on APIA TV is for general informational purposes only and does not in any way constitute financial, accounting, legal or other professional advice and is intended to be general information rather than specific advice intended to be relied on by any person. Such content may not apply or be appropriate to your particular circumstances and is not intended to be relied on or to be in substitution for appropriate professional advice. APIA always recommends that you obtain your own timely independent specialist professional advice for your particular circumstances. For the avoidance of doubt in addition to the above all warnings, limitations of liability, indemnities or other clauses found herein relating to timeliness, accuracy or any other quality of the content shall equally apply to APIA TV content.
4.4 APIA TV – Miscellaneous
While we do our best to provide you with informative and regular content for APIA TV we are under no obligation to provide such content with any fixed regularity, of a particular type or description or of any particular quality or of a certain production value and you expressly acknowledge this.
If you have technical difficulties in consuming content on APIA TV we will not provide technical support but will endeavour to be reasonably helpful. APIA TV content may only run on certain operating systems, web browsers or other technology. It is your responsibility to ensure you have equipment and software suitable to consume APIA TV content and we shall have no liability including, but not limited to, no obligation to offer refunds if you can’t consume content because of the particular equipment and/or software you use.
5. THE SITE GENERALLY:
5.1 Use of the Site, Forums and Comments
You will not use any forum, comment section or otherwise disseminate a communication that is offensive, defamatory, indecent or objectionable on the Site or linked to the Site. We reserve the sole right to determine what is considered offensive, defamatory, indecent or objectionable.
Under no circumstances will APIA be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content or the use of content by any other User.
5.2 At Your Own Risk:
Access to the Site is entirely at your own risk. You agree that APIA takes no responsibility or liability for any misconduct or breach of these terms and conditions by any User. APIA gives no undertakings, representations, or warranties in relation to any information or content posted on the Site.
We are not responsible for:
- Any information that does not originate directly from us, any links we provide to third party sites or information accessible from those sites or any loss or damage arising from your use of the Site or those links;
- Ensuring that the information or content that you access on the Site will be private or secure or free from viruses or other harmful things.
5.3 Site Disclaimer:
You expressly acknowledge and agree that your use of the Site is at your risk and no responsibility for risk is taken by APIA. The Site is provided only on an “as is” and “as available” basis. To the maximum extent permitted by law, APIA disclaims and excludes all implied conditions or warranties.
5.4 Limitation of Liability:
To the maximum extent permitted by law, any and all liability of APIA which arises in connection with these terms and conditions, or in connection with the Site, another User’s acts or omissions, or your use of or inability to use, the Site is excluded. Furthermore, APIA’s liability is excluded in respect of any incidental, punitive, and consequential damages, whether direct or indirect.
You agree to indemnify APIA and keep APIA indemnified at all times hereafter from and against all actions, claims, costs (including all solicitor/client legal costs and expenses) losses, damages, liabilities or demands suffered or incurred by APIA arising out of or in connection with your failure to comply with these terms and conditions. On any default or failure by you to observe and perform any of the covenants terms and conditions of these terms and conditions you will forthwith on demand by us pay to us and make good all losses and expenses sustained or incurred by us by reason of or in consequence of any such breach, default or failure by you.
5.6 Accurate User Information:
You warrant that any information provided remains complete and accurate and must not be misleading or false. You must update us if any information we hold on you changes.
5.7 Logon Information:
You will keep your logon information safe and secure and will not disseminate it to any other person to enable them to access the Site.
5.8 Unauthorised Use of Site
You may not attempt to gain unauthorised access to any part of the Site or content or information contained therein by any means, including hacking, password mining or otherwise accessing data without our express written permission. You may not test the vulnerability or security of this Site or any network associated with the Site or trace any information related to any other User.
6.1 General Rules of use of Site
- All communications made on the Site shall be made in good faith;
- You must not attempt to interfere with or harm the Site, or any network, or system underlying or connected to them;
- You must not use the Site or any part of it other than for its intended purpose;
- You may not modify, adapt, translate or reverse engineer any portion of the Site;
- You may not collect any information about other Users for any purpose;
- You must not create or transmit unwanted electronic communications such as “spam” to other Users or otherwise interfere with other user’s or User’s enjoyment of the Site.
6.2 Content Submitted or Made Available for Inclusion on the Site
We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements of Users, any advertiser or other person providing content or that the content or information contained therein is current.
From time to time certain persons may provide articles, blogs or other content on the Site. You acknowledge that that content is for general information purposes only and is not specific information intended to be relied on. Such content may not apply to your particular circumstances and is not intended to be relied on or to be in substitution for appropriate professional advice. APIA always recommends that you obtain your own timely independent specialist professional advice for your particular circumstances and APIA cannot be held liable for any acts or omissions that arise from your use of any such information.
APIA shall have the right in their sole discretion to pre-screen, refuse, edit or move any content, that is available on the Site. APIA has the right to remove content that violates the terms and conditions or is otherwise objectionable.
7. NO GUARANTEES OR ENDORSEMENTS OF LINKED SITES:
Links to third party websites are provided for convenience only. Links should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the linked sites, or of any information, products or services referred to on those other sites or otherwise posted on the Site, unless specifically stated.
We are not responsible for the copyright compliance of any linked site. APIA will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information on a third party website.
8 MAGAZINE SUBSCRIPTIONS
8.1 Magazine Subscriptions
If we are to provide you with a physical property related publication, whether as a Member or not, then we may send the same to your last known address and will have no liability once it leaves our offices to your last known address. You may update your address with us by contacting us.
If you live overseas then we may pass on any additional postage to you and you will reimburse us for this on demand.
8.2 Disclaimer of Liability for Magazine Subscriptions
Any content in a Magazine produced and/or distributed by us is for general informational purposes only and does not in any way constitute financial, accounting, legal or other professional advice and is intended to be general information rather than specific advice intended to be relied on by any person. Such content may not apply or be appropriate to your particular circumstances and is not intended to be relied on or to be in substitution for appropriate professional advice. APIA always recommends that you obtain your own timely independent specialist professional advice for your particular circumstances. For the avoidance of doubt in addition to the above all warnings, limitations of liability, indemnities or other clauses found herein relating to timeliness, accuracy or any other quality of the content shall equally apply to any Magazine.
9 GENERAL MATTERS
9.1 System Integrity:
APIA will use its reasonable endeavours to ensure that the Site is always available, subject to any downtime required for maintenance. APIA will endeavour to provide advance notice of planned maintenance; However, APIA takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Site being unavailable.
9.2 No Waiver:
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
9.3 Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
9.4 Governing Law:
These terms and conditions are governed by the laws of New Zealand and you expressly agree that your use of the Site shall comply with all applicable laws of New Zealand.
9.5 Intellectual Property Rights:
APIA owns all proprietary and intellectual property rights in the Site except that which is provided by and remains the intellectual property of other Users, advertisers or content providers (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Site. You may not without our prior written permission and the relevant owner of any intellectual property (where applicable), in any form or by any means:
- Copy, distribute, display, publish or create derivative works from any part of the Site; and
- Commercialise, copy, or on-sell any information, or items obtained from any part of the Site.
- Any rights not expressly granted herein are reserved. You agree not to breach any trade mark, copyright, patent, design or other rights in relation to all trade marks, information, images, logos and other intellectual property included on the Site whether ours or another third parties. No logo, graphic or image from the Site may be copied or retransmitted unless expressly permitted in writing by us. Do not upload or copy any material unless you have the right or appropriate consent to do so.
- You agree not to download, copy, transmit or otherwise replicate any of the information on this Site, including ratings and comments, without the written consent of APIA.
- If you post any material on this Site, you agree that we may reproduce, publish, modify and distribute that material and incorporate it in other works in any form but only for purposes reasonably associated with the posting and the operation of the Site. If you do not own the material, you must get the owner’s consent before you post or upload it.
Any content or information you provide must not infringe the intellectual property rights of any other person when using the Site.
9.6 Entire agreement:
Subject to 9.7 below, these terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
9.7 Application of APIA Rules
Members who are also Users will in addition to these terms and conditions have their conduct governed by the Rules. You agree that in the event that and to the extent that a Rule conflicts with a provision in these terms and conditions then the Rules will apply.
Any alleged breach under these terms and conditions may be enforced by us under these terms and conditions and/or as a breach of the Rules as we in our sole discretion determine or vice versa. Any remedy we exercise pursuant to these terms and conditions does not limit any action we may take under the Rules or vice versa.
You also acknowledge that these terms and condition may be or become regulations for the purposes of the Rules and to the extent that these terms and conditions are also regulations you acknowledge you have received notice of the regulations.
You may contact us to request access to any information that we hold about you and you may also ask us to correct that information if you consider it to be inaccurate.