.

Preamble

OK this is the legal stuff referred to as Terms of Service (TOS). This is our Survival Armour not our intention. Unfortunately with the Internet being a dynamic environment complete with hackers, viruses, worms, poor security, and our total dependence on others to provide all of the computer resources that we use to bring you this booking system we have no option but to offer you nothing at all in any circumstances should you not be happy with our performance. We repeat this is not our intention but it is our legal position.

 

 

TERMS AND CONDITIONS OF USE WITH

BOOKINGSNZ.COM

  1. Our Services to you
  2. Business and Domestic Use
  3. What we Provide to You
  4. Your Use of our Services
  5. Email
  6. Confidentiality
  7. Use of Personal Information
  8. Additional Rights as the Service Provider
  9. Communications and Notices
  10. Internet Surprises
  11. Limits on our Liability


1. Our Services to You

Thank you for becoming a user of Bookingsnz.com. This TOS covers anyone whom logs in to the system. It protects the organization that you are making bookings for, A to Z Computer Solutions Ltd and their agents and suppliers.

2. Business and Domestic Use

These terms and conditions apply to both business and private use of our services. If you are not acquiring our services for the purposes of a business (as defined in the NZ Consumer Guarantees Act 1993) then the Act applies and nothing in these terms and conditions limits your rights under it. If you use our service with excessive time or permanent connection we may suspend or close your account because this use creates an undue load on our system resources.

3. What we Provide to You

We agree to provide all that described on our Home Page to you through our host computers but only on the following basis

  • We will provide you with an identification code and password to enable access to our service.
  • We will make genuine and commercially reasonable efforts to make the services you have subscribed to available to you 24 hours a day (other than on a permanent connection basis) and, if the system malfunctions, to restore those services as soon as reasonably possible.
  • But if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. We explain what this means in the section entitled "Limits on our Liability".

The reasons for these limits on our service levels are because:

  • We do not own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the service will be uninterrupted or error free.
  • Our services may be used by you, for purposes we do not know about and have no control over. Including but not limited to your management of your password.


4. Your Use of our Services
We provide a passive service. Our services are offered on an "As Is" basis and we do not control the facilities and information line through which access is provided. In using our services you agree to the following:

  • You will maintain the security of your accounts and password. You agree to change your password when requested to do so by us. Your password is held in encrypted form on our database and we cannot read it or change it on your behalf.
  • In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your usage and refuse any and all current or future use of the Service (or any portion thereof). Bookingsnz is concerned about the safety and privacy of all its users.
  • You agree not to use the service to breach anyone else's rights or to break the law. By way of example only, this means, without the owner's clear permission, using our services to download or transfer any copyright programs, files, picture, trade names, trade marks or brands, moving images (such as cartoons, films or videos) or sound or music, or anything else owned by someone else.
  • You agree that you will not cause or help to cause the security or integrity of this or any other linked computer system to be compromised whether by way of hacking, introducing harmful code or in any other way.
  • You agree to be a responsible citizen of the Internet. This means that you must respect the privacy of other Internet users. You agree that any messages you post to the Internet such as to news groups or Internet Relay Chat (IRC) will be posted only to discussion topic areas and not for advertising purposes. Any "one-to-many" Internet communications used for advertising purposes, whether IRC email or other link or medium is a serious breach of these terms and conditions. If you do not comply with this requirement you will be immediately disconnected from our service without warning. You agree to pay us upon demand any costs or losses incurred by us as a result of your using our service in those ways.
  • INTERNATIONAL USE
    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside. You agree to uphold the Copyright status of this booking system in every language and country worldwide.

If you do not follow these rules and we are sued or suffer loss you agree that we can recover our costs and losses directly from you upon demand.

5. Email

Our service is important to you and our other members. As a condition of your use of our services you agree as follows:

  • SPAM Unsolicited commercial email (hereafter known as "spam") is not tolerated by Bookingsnz.com. You agree to the following when you enroll with us:
    You will never send spam via our Service or send spam that in any way implicates our Services. This includes mentioning a Bookingsnz.com URL, or a URL that links to Bookingsnz.com content, in a bulk message or including these addresses on a bulk-advertised web page. You may not hide behind throwaway web pages or fax-response front ends or other third party methods.

    If you send spam, even if Bookingsnz.com services are not directly involved in it (i.e. the spam leads the person to Bookingsnz.com ), you may:
  • Have your account terminated immediately without notice.
  • Be charged a $500 cleanup fee
  • Be reported to your own provider by us as a spammer, where they will presumably terminate your account as well.
  • Be reported to authorities


If you have been spammed, please notify abuse@bookingsnz.com with all header information attached. Any complaint not supplying full message, full header and complainant details will be treated as incoming spam. We are well aware that there are spammers out there determined to prevent any commercial activity on the Internet.

  • Generally, you agree to obey the developing rules of Netiquette. These are the general rules of good and considerate behaviour on the Internet as a world wide and open community. Any failure to obey these rules will result in a warning. If we consider the breach sufficiently serious (at our discretion) you agree that we may terminate your membership without liability to you.
  • Email enables a rapid, immediate and wide-spread response. You must not use our services for communication which is defamatory or contrary to generally accepted community standards of behaviour or good taste. While we do not intend to be a censor, we have the right, at our discretion, to decide what those standards are and to review your use of our services at any time and to disconnect you if we consider that you have breached these standards. If you defame anyone through your use of our services and we are sued, you agree that we have the right to recover all costs and losses incurred by us as a result of your action from you directly upon demand.

Termination
  • You agree that Bookingsnz.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Bookingsnz.com believes that you have violated this TOS. Bookingsnz.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Bookingsnz.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Bookingsnz.com shall not be liable to you or any third-party for any termination of your access to the Service. All rights are lost upon termination.

6. Confidentiality

  • We each agree that the Internet is a medium which lacks consistent security and confidentiality and we have the right to check your (or a hackers)use of the system.
  • We will take reasonable commercial efforts to protect your confidentiality. However, you should assume that your use of our services is not confidential. If we consider in our discretion that your use of our services is defamatory, contrary to accepted community standards or illegal you acknowledge that we have the right to disclose those activities to any person including the news media and the police.
  • We can check your use of the system for the purposes of ensuring that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.

7. Use of Personal Information

If you are an individual, when you complete your application for our services you authorize us and our agents to collect information about you and to hold it on our systems. We will use this information for statistical analysis and to provide services to you and for marketing, private development and research purposes. You authorize us and our agents, to supply and disclose your personal information as necessary to PayPal. Under the provisions of the NZ Privacy Act 1993 you may request access to and correction of your personal information. Requests must be in writing or email. We may charge a fee for the reasonable costs incurred in responding to these requests but we will disclose the costs to you before those costs are incurred. You will normally have secure access to maintain your personal information stored on our systems.

8. OUR Additional Rights.

We can terminate any of the services that you have subscribed for without notice or liability to you if you breach these terms and conditions.

Subscriber use of our services may sometimes result in overload. In addition to prohibiting excessive usage or permanent connections on our systems we have the right to share services amongst all subscribers on a fair basis by automatically disconnecting any user after one hours continuous or cumulative use during peak times, to be determined at our discretion. If you are disconnected for this reason you will be able to reconnect without penalty.

9. Communications and Notices

  • We can change or remove any of these terms and conditions at any time. These changes include alterations to our pricing structure.
  • We will inform you by email or posting a message in the appropriate location on the system which includes (but is not limited to) posting a message on the home page or any other appropriate means.
  • Once we have posted the email or other message you are deemed to have received it, and if you have not terminated your subscription within 30 days or if you continue to use the services afterwards you are deemed to have accepted the change.

10. Internet Surprises

Internet services allow access to material, which may be the subject to Copyright, third party ownership or unreliable or offensive material. Our advice and training may not be valid in your situation. You are entirely responsible for your interpretation or use of any such material. You access such material at your own risk and we are not responsible in any way for your accidental or deliberate accessing of that material.

11. Limits on our Liability

  • By using our services you do so at your sole risk. We do not warrant that our service will be uninterrupted or error-free. We do not make any warranties to the results to be obtained from the service or information or the experiences had with the Internet, which is a matter of your own assessment given its unique nature. We distribute our service on an "as is" basis without warranties of any kind, either expressed or implied.
  • In particular, we are not liable to you – whether in contract or tort or under any other legal principle – for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to withdraw your patronage.
  • If you are using our services for personal, household or domestic use, this limitation may not apply to you and you have the rights and remedies available under the NZ Consumer Guarantees Act 1993. However the moment you promote this booking system to any third party you are deemed to be doing so to build a business and we claim exemption under the NZ Consumer Guarantees Act 1993.
  • Bookingsnz.com and this web site are the property of A to Z Computer Solutions Ltd.
  • Should you consider that we have not made our legal position clear and you wish to bring legal proceedings you agree to do so in the Waitakere District Court at Henderson, Auckland, New Zealand.

Postamble:

Many of the clauses above are taken from our suppliers TOS's and we need to include them here simply to give all parties the same legal protection. We trust that you understand that legal protection and good business practice are two different things.

If we fail to perform to your satisfaction and make every practical effort to provide a stable, manageable, expandable, equitable and value for money product then our success will be limited. Our intention is the opposite of that. If you have any complaints please email us at mailto:admin@bookingsnz.com and we will do our best to correct the situation.