Terms of Use

Last Updated Date: March 5, 2024.

Before you start using the website, you must accept these Terms of Use. These terms and conditions protect both you and all our users, as well as ourselves.

1. Terms

These terms and conditions apply to your use of the www.tourist.nz website ("The Site"), including all subdomains, and the services offered by Tourist Information Systems Limited ("TISL," "we," "our," "us") on the www.tourist.nz web pages described in clause 2 below ("The Service").

We reserve the right to change the terms, conditions, and notices under which the Service is offered, including, but not limited to, the charges associated with its use. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Site. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices.

2. Service

The Service provides, among other things, an interface that allows you to publish information about your business ("Listing") on tourist.nz web pages. Your Listing will appear on The Site for the period of your subscription.

3. Termination

We may terminate the Service at any time by giving you one month's notice by email. We may also terminate your subscription immediately if we reasonably believe that you have violated any applicable laws, acted inconsistently with these terms and conditions, or violated our rights or those of another party.

4. Charges

We offer a subscription-based service. Subscriptions are invoiced annually, payable in advance of the subscription starting date.

5. Third Party Website Links

The Service may contain links to third-party websites and services (“Third Party Services”). A link to any Third Party Service does not imply that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a Third Party Service, you are subject to its terms and conditions, not these Terms. We encourage you to carefully review the legal and privacy notices of all other digital services that you visit.

We reserve the right to add Third Party Website links to any Listing.

6. Member Account and Security

The Service requires you to open an account. You must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You are entirely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account. You may not use anyone else's account at any time without the permission of the account holder.

7. No Unlawful or Prohibited Use

As a condition of your use of the Service, you will not use it for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner that could damage, disable, overburden, or impair any TISL Service(s) or the networks connected to any TISL Service(s) or interfere with any other party's use and enjoyment of any TISL Service(s). You may not attempt to gain unauthorized access to any service, other accounts, computer systems, or networks connected to any of our services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

8. Use of The Site is at Your Risk

You use the Service at your own risk. You must evaluate and bear all risks associated with the use of any content, including reliance on the accuracy, completeness, or usefulness of any content.

We endeavour to provide a convenient and functional service, but we do not guarantee or provide any other warranties that the provided content will be error-free or that the Site, the Service, or the server that operates them are free of viruses or other harmful components.

If your use of the Service results in the need for servicing or replacing property, material, equipment, or data, we will not be responsible for such costs.

Without limiting the above provisions, to the extent permitted by law, everything on the Site and the Service is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of any third party. We exclude all representations and warranties to the extent not specifically included in these terms and conditions to the fullest extent permissible under any applicable law.

9. Indemnity

You agree to defend, indemnify, and hold harmless Tourist Information Systems Limited, our officers, directors, and employees from and against all claims, actions, or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Service or resulting from, or alleged to result from, your use of the Service or your violation of these terms and conditions.

10. Limitation of Liability

To the extent permitted by law:

A. Our liability to you, whether for breach of these Terms and Conditions, arising in contract, negligence, in any other tort, or in equity or for any other common law or statutory cause of action arising in relation to these Terms and Conditions, the Site, the Service, or the provided content, will not in the aggregate exceed an amount of NZ$1000.

B. Without limiting paragraph A, we will not be liable for any incidental, consequential, or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site, the Service, and any provided content, whether based on warranty, contract, tort, negligence, in equity, or any other legal theory, and whether or not we know of the possibility of such damage.

C. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited at our option, the supply of the services again; or the payment of the cost of having services supplied again.

11. Copyright and Trademark Notices:

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

12. Law of These Terms

The Service is provided under New Zealand law. You may take action against us only in a New Zealand court.

13. Content Guidelines

You agree not to post, upload or transmit to The Site or to our servers ("Post") any communications, files, data, software, text, graphics, images, photographs, illustrations or other information or materials ("Material") that:

A. are obscene, fraudulent or indecent; defames, abuses, harasses or threatens others;

B. contains any viruses, trojan horses, worms, time bombs or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, Material or personal information;

C. advocates or encourages any illegal activity;

D. infringes upon the copyright, patent, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party;

E. violates the privacy of individuals, including other users of the Site; or

F. violates any applicable local, state, national or international law.

14. Our Rights

We may delete from The Site or otherwise deal with any material that we deem to be in breach of the Content Guidelines or otherwise objectionable for any reason without prior notice. We may terminate your right to access and use the site in accordance with clause 3 of these terms.