1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
(a) you agree to these Terms; and
(b) where your access and use is on behalf of another person (e.g. a company), you
confirm that you are authorised to, and do in fact, agree to these Terms on that
person’s behalf and that, by agreeing to these Terms on that person’s behalf, that
person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the
Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless
stated otherwise, any change takes effect immediately. You are responsible for
ensuring you are familiar with the latest Terms. By continuing to access and use the
Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice
2.3 These Terms were last updated on 25 October 2018.
3.1 In these Terms:
(a) “including” and similar words do not imply any limit;
(b) “Loss” includes loss of profits, savings, revenue or data, and any other claim,
damage, loss, liability and cost, including legal costs on a solicitor and own client
(c) “personal information” means information about an identifiable, living person;
(d) “Terms” means these terms and conditions titled “The Social Club Website Terms
(e) “Underlying System” means any network, system, software, data or material that
underlies or is connected to the Website;
(f) “User ID” means a unique name and/or password allocated to you to allow you to
access certain parts of the Website;
(g) “we”, “us” or “our” means The Social Club Limited
(h) “Website” means www.thesocialclub.co
(i) “You” means you or, if clause 1.1(b) applies, both you and the other person on
whose behalf you are acting.
4 YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us
(including when setting up an account) and must promptly update that information as
required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
(a) not permit any other person to use your User ID, including not disclosing or
providing it to any other person; and
(b) immediately notify us if you become aware of any disclosure or unauthorised use of
your User ID, by sending an email to firstname.lastname@example.org.
4.3 You must:
(a) not act in a way, or use or introduce anything (including any virus, worm, Trojan
horse, timebomb, keystroke logger, spyware or other similar feature) that in any way
compromises, or may compromise, the Website or any Underlying System, or
otherwise attempt to damage or interfere with the Website or any Underlying
(b) unless with our agreement, access the Website via standard web browsers only and
not by any other method. Other methods include scraping, deep-linking, harvesting,
data mining, use of a robot or spider, automation, or any similar data gathering,
extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to
do so, email your request to email@example.com.
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your
failure to comply with these Terms, including any failure of a person who accesses and
uses our Website by using your User ID.
5 INTELLECTUAL PROPERTY
5.1 We (and/or our licensors) own all proprietary and intellectual property rights in the
Website (including all information, data, text, graphics, artwork, photographs, logos,
icons, sound recordings, videos and look and feel), and the Underlying Systems.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to
you or any other person for any Loss in connection with:
(a) the Website being unavailable (in whole or in part) or performing slowly;
(b) any error in, or omission from, any information made available through the Website;
(c) any exposure to viruses or other forms of interference which may damage your
computer system or expose you to fraud when you access or use the Website. To
avoid doubt, you are responsible for ensuring the process by which you access and
use the Website protects you from this; and
(d) any site linked from the Website (any link on the Website to other sites does not
imply any endorsement, approval or recommendation of, or responsibility for, those
sites or their contents, operations, products or operators).
6.2 We make no representation or warranty that the Website is appropriate or available for
use in all countries or that the content satisfies the laws of all countries. You are
responsible for ensuring that your access to and use of the Website is not illegal or
prohibited, and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
(a) you access and use the Website at your own risk; and
(b) we are not liable or responsible to you or any other person for any Loss under or in
connection with these Terms, the Website, or your access and use of (or inability to
access or use) the Website. This exclusion applies regardless of whether our
liability or responsibility arises in contract, tort (including negligence), equity, breach
of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of
contracting out of the New Zealand Consumer Guarantees Act 1993 or any other
consumer protection law that cannot be excluded. To the extent our liability cannot be
excluded but can be limited, our liability is limited to NZD $100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of
these Terms do not apply, our total liability to you under or in connection with these
Terms, or in connection with the Website, or your access and use of (or inability to
access or use) the Website, must not exceed NZD $100.
8.1 We want the Website to be a safe and trusted place. We do this via the products and
services we build, and our commitment to your privacy. It’s important to us that you trust
straight up about how we collect, use, disclose and protect your personal information.
9 SUSPENSION AND TERMINATION
9.1 Without prejudice to any other right or remedy available to us, if we consider that you
have breached these Terms or we otherwise consider it appropriate, we may
immediately, and without notice, suspend or terminate your access to the Website (or
any part of it).
9.2 On suspension or termination, you must immediately cease using the Website and must
not attempt to gain further access.
10.1 If we need to contact you, we may do so by email or by posting a notice on the Website.
You agree that this satisfies all legal requirements in relation to written communications.
10.2 These Terms, and any dispute relating to these Terms or the Website, are governed by
and must be interpreted in accordance with the laws of New Zealand. Each party
submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any
dispute connected with these Terms or the Website.
10.3 For us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms,
including clauses 4.5, 5, 6, 7, 10.1, continue in force.
10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid,
that part or provision is deemed to be modified to the extent required to remedy the
illegality, unenforceability or invalidity. If a modification is not possible, the part or
provision must be treated for all purposes as severed from these Terms. The
remainder of these Terms will be binding on you.
10.6 These Terms set out everything agreed by the parties relating to your use of the
Website and supersede and cancel anything discussed, exchanged or agreed prior to
you agreeing to these Terms. The parties have not relied on any representation,
warranty or agreement relating to the Website that is not expressly set out in the Terms,
and no such representation, warranty or agreement has any effect from the date you
agreed to these Terms.