Definitions

"We", "our", "us" refer to ChinaClick New Zealand, Datanet (International) Limited, and ChinaClick New Zealand's and Datanet (International) Limited's employees, volunteers, contractors, subsidiaries, parent companies, officers, agents, and affiliates.

"You", "your", "yourself" refers to public users and visitors of the ChinaClick New Zealand website, people, organisations and businesses who's details are listed on the ChinaClick New Zealand website, advertisers on the ChinaClick New Zealand website, and any other users of services provided by us.

"Service", "services" refers to the content, resources, communication tools, communications, functions, products, and services provided by us or which resides under, originated from, or relates to the domain www.chinaclick.co.nz.

"Material", "materials" refers to all information, data, text, software, music, sound, photograhics, graphics, video, messages, files, or any other materials.

"Content" refers to, but is not exclusive to, all material contained within the domain www.chinaclick.co.nz. Content does not include any material outside of the domain www.chinaclick.co.nz, regardless of whether we provide a hyperlink to that resource or not, unless the material was originally produced by us.

 

Terms of Service

We provide our service to you subject to the following Terms and Conditions ("TOC"), which may be updated from time to time without notice to you. You can review the most current version of the TOC at any time at http://www.chinaclick/ChinaChick_Services/Terms_and_Conditions.htm. When using our service you understand and agree to the TOC in its entirety. You understand and agree that the service may contain advertisements and that these advertisements are necessary for us to provide the service. you also understand and agree that by using our service you may receive communications from us, such as announcements, administrative messages, advertisements, newsletters, or any other communication we consider appropriate to send to you. Unless explicitly stated otherwise, all new services offered by us will be subject to the TOC of the current service. You are responsible for obtaining access to the service and that access may involve third party fees (such as an Internet Service Provider, Internet usage charges, and other communication charges). You are responsible for those fees. In addition, you must provide and are fully responsible for all equipment necessary to utilise our service. We cannot and will not be liable for any increase in third party fees or damage arising to your or any other party's equipment while using our service.

 

Your Obligations

By using our service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of New Zealand or other applicable jurisdiction. You also represent that you have authority to form a legal binding contract on behalf of yourself and if you are acting on behalf of another legal entity or organisation you have authority to form a legal binding contract between us and the legal entity or organisation you are acting for. You agree to provide true, accurate, current, and complete information about yourself when information is requested. If you provide 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 reserve the right to suspend or terminate our services to you and refuse any and all current or future use of our services. Any payments made by you for the services that have been suspended or terminated will not be refunded and you will have no claim to the payment that was made.

 

Intellectual Property

Unless expressly authorised by us, you acknowledge that you are not permitted to modify, copy, duplicate, reproduce, distribute, sell, resell, trade, lease, exploit, rent, loan, or create derivative works from the content, in whole or in part thereof. You also acknowledge that the content, in whole or in part, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Any material produced or provided by us will form part of the content and will be subject to the TOC.

 

User Conduct

When using the service you agree not to:

a)		Email, transmit, or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hatefully, or racially, ethnically, or otherwise objectionable;
b)		Impersonate any person or entity;
c)		Make available any material, product, or service, that you do not have a right to make available under any law or under contractual, or fiduciary relationships;
d)		Use the content to email, transmit, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
e)		Intentionally or unintentionally violate any applicable local, national, or international law;
f)		Copy, record, or store the content without expressed authorisation from us.

We reserve the right to remove any content that we, at our sole discretion, consider inappropriate to be displayed within the www.chinaclick.co.nz domain.

 

Payment for Services

Services that require payment must be paid to us by cheque, automatic payment, or direct transfer. Payment for services will not be considered to be received until the funds have been cleared and are available to us. Payment must be received and are due by the 20th of the month prior to the month you will utilising the service for which you have paid. If payment is not received by the 20th of the month prior to the month you will be utilising our service we are under no obligation to provide our service to you in the month requested. If we, at our own discretion, decide to provide the service you have requested without receiving payment by the 20th of the month prior to the month you have requested to utilise our service, you will be liable for the fee associated with the service, however, we will be under no obligation to provide the service in the month requested.

 

Rotation of Services

We reserve the right to rotate advertising material (or any other service provided by us) if we perceive, at our sole discretion, that there is excess demand for certain services. These services will be rotated to allow other advertisers to utilise high demand services. Rotation means the removal of one advertiser's advertisement to be replaced by another advertiser's advertisement. We will not rotate services that have been prepaid by the due date. For example, if you have paid for a 6 month term, we will not rotate your advertisement for the 6 month term you have paid for. If you are paying on a monthly basis, your advertisement will not be rotated for a minimum period of 3 months if payments are received by the due date.

 

Price Changes

We reserve the right to change and customise prices for our services as required. These prices may differ from the prices stated within the www.chinaclick.co.nz domain or correspondence sent to you by us. We will notify you of the price for our services prior to requesting payment. If payment is received in advance for services by the due date, the price of the services provided to you will not be altered for the term of the advance payments. If payment for services is not received by the due date, we are under no obligation to provide you the service at the previously agreed price.

 

Late payment

If payment is not received by the 20th of the month prior to the month in which you will be utilising our service and we, at our own discretion, decide to provide you with the service, you understand and agree that you will be liable for the fee associated with the service plus any late payment penalty interest. Penalty interest is calculated at 5% per calendar month or part thereof of the total amount owing with the penalty interest to be capitalised to the total amount owing on the 20th of each month. Furthermore, you understand and agree that you are liable for and agree to pay all costs associated with the collection of any fees and associated costs, including, but not exclusive to, penalty interest, owing to us and agree to sign any documents and provide any information (which is to be complete, accurate and up to date) required by us or any associated agency to proceed and continue with the collection of any monies owing to us. If we, at our sole discretion, decide not to charge penalty interest on amounts owed by you to us, we are not rescinding our right to collect any penalty interest owed to us and you agree and understand that we retain the right to collect any penalty interest owing to us at any time in the future.

 

Modification to Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service, in whole or in part thereof, with or without notice. You agree that we shall not be liable to you or to any third party for any liability arising from the modification, suspension, or discontinuance of the service, in whole or in part thereof. If payment has been made for the service that has been modified or discontinued, we reserve the right to refund or provide an alternative service at our sole discretion.

 

Privacy Policy

We automatically receive and record information on our server logs from your browser for statistical purposes. Information that is recorded includes what pages you have visited, which country you are from, which website you came from, what page you were on when you exited our site, and what items you searched if you found us through a search engine. This data is recorded so that we are able to improve our services and determine what areas of the website are receiving particular interest.

Email addresses provided for the subscription of our newsletter will not be sold or shared in any way, unless you have expressly authorised us to provide your email address to a third party, such as a provider of a product or service you may be interested in. If you decide to unsubscribe from our newsletter, all records of your email address will be removed and deleted from our system.

 

Disclaimer

We do not support or endorse the accuracy, reliability, or completeness of any information, material, content or advertisements contained, distributed through, linked, or downloaded from services provided by us. We do not endorse the quality of any services, products, information or material displayed, purchased, or obtained by you as a result of an advertisement or any other information provided through our service. We reserve the right, without any obligation whatsoever, to make improvements to, remove any content or correct any error or omissions in any part of our service. We are not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed through our service.

Your use of the service is at your sole risk. The service is provided on an "As Is" and "As Available" basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, fitness for a particular purpose, non-infringement, and warranties made by third parties, whether associated to us or not. We make no warranty that the service will meet your requirements, that the service will be uninterrupted, timely, secure, or error free, that our service is accurate or reliable, and that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the service shall create any warranty not expressly stated in the TOC.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations within this section may not apply to you. Nothing within the TOC will exclude, restrict, or modify any condition or warranty required by law where to do so would render the TOC void in whole or in part.

 

Indemnity

You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from the use or the inability to use the service, the cost of procurement of substitute goods, services, and/or other materials, resulting, from any goods, data, information, services, or other materials purchased or obtained or transactions entered into through or from the service, statements or conduct of any third party on the service, or any other matter relating to the service.

You agree to indemnify and hold us harmless from any claim or demand, including legal fees, made by yourself or any third party due to or arising out of the material you make available through our service, the use of our service, obtaining or using materials through our service, your connection to our service, your violation of the TOC, your violation of any rights of another, or your violation of laws within your jurisdiction.

 

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