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
Our Services to you
Business and Domestic Use
What we Provide to You
Your Use of our Services
Use of Personal Information
Additional Rights as the Service Provider
Communications and Notices
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
- 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.
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
email@example.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.
- 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.
- 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
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
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,
- 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.
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:firstname.lastname@example.org and we will do our best to correct the situation.