Terms and Conditions - Marine South

Website Terms and Conditions

Marine South (2017) Limited

In these Terms, “we” and “us” mean Marine South (2017) Limited (Marine South) and “you” means you the customer or site visitor.

Access to and use of the Marine South website marinesouth.co.nz (Website) and the services available through the Website are subject to the following Terms as may be updated by us from time to time.

1. Your acceptance

These are the terms on which Marine South permits users to access and use the Website including using the services and functionality made available through the Website, viewing Content provided by Marine South, communicating with Marine South and reviewing service information.
You agree to be bound by these Terms by:
1. using, browsing or accessing any part of the Website;
2. registering as a member through the Website; or
3. using the services and functionality made available through the Website.
Marine South may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
The Website is subject to change at any time without notice and may contain errors.

2. Using the services and functionality made available through the Website

Using the services and functionality made available through the Website is governed by these Terms.
Marine South provides its Website visitors and members the opportunity to use the services and functionality made available through the Website. By using the services and functionality made available through the Website, you are offering to use our services on and subject to these Terms.

3. Availability

Marine South reserves the right to change the services and functionality made available through the Website from time to time as required. We reserve the right to change information immediately without notice to you in the event of any errors. We also reserve the right to refuse to provide services and functionality made available through the Website based on information on our Website that is outdated, otherwise incorrect, or for any other reason.

4. Content

Marine South has the right, but not the obligation, to monitor any information, course content, comment, content, communication, advice, text, or other material (Content) made available or posted on the Website. Marine South reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
The Content on the Website is for general information purposes only. Furthermore, Marine South does not warrant or make any representations as to any third-party services described or referred to on the Website. Any use of Marine South materials or information by another person or organisation is at the user’s own risk.
The Content on this Website is obtained and developed from a variety of sources including but not limited collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, product or service.
While care has been taken in preparing the Content on this Website, Marine South and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website. You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy.
If you have a complaint regarding any Content, Marine South’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.

5. Links

The Website may contain links to other websites, including those of referral service providers or advertising partners. Marine South provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators or the goods, services or content that they describe.
Other web sites which are linked to the Website (including Facebook, Twitter, Google), are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. Marine South is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Marine South is not responsible for and will not be liable in respect of any incorrect link to an external web site.
You are not permitted to frame the Website without the express written permission of Marine South.

6. Access and communication

Marine South does not warrant that you will have continuous access to the Website. Marine South will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, or interruption in telecommunications supply.
Marine South does not guarantee the delivery of communications over the internet as such communications rely on third-party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Marine South does not guarantee the security or confidentiality of these communications or the security of the Website.
Marine South does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses, or otherwise.
Details contained on the Website relating to goods and services have been prepared in accordance with New Zealand law and may not satisfy the laws of another country. Marine South does not warrant that:
1. the goods or services available on this Website; or
2. the Website and its content,
3. comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
If you access and use this Website or its content from outside New Zealand, you do so at your own risk.

7. Comparative Information

We may pool the information and Content you and other users of Marine South’s services and Website provide to us (Comparative Information) and use that information in a de-identifying manner which complies with our Privacy Policy responsibilities. The Comparative Information will be general information about the operations of users of Marine South’s services and Website. The information we gather and which we may publish will not refer to, or be identifiable to, any particular user of our Marine South’s services and Website.
You grant a non-exclusive, royalty-free license to Marine South to use the Comparative Information during and after your use of our services and the Website (including after you are no longer a member) and for any such other purposes as we deem necessary provided use of the Comparative Information conforms with our Privacy Policy and all applicable laws.

8. Privacy

Any personal information submitted by you to Marine South is subject to and will be handled in accordance with Marine South’s privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at Privacy Policy. You agree that, by using the Website or communicating with Marine South, you have read the Privacy Policy, understood its contents and consented to its requirements.

9. Intellectual property

All intellectual property rights, including copyright and patents, in the Website, Marine South’s goods and services, and all components of them are owned or licensed by Marine South or any of its related entities. You must not copy, modify, or transmit any part of the Website.
The Website contains trademarks, logos, service names and trade names of Marine South or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other Content or copies of the Content appearing on the Website.

10. Website licence and use

Marine South grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 11. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to Marine South will be treated as non-confidential and non-proprietary information.

11. Prohibited uses

In using the Website you must not:
1. impersonate or falsely claim to represent a person or organisation;
2. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
3. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
4. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive components.
Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
Marine South provides no warranties and cannot guarantee that any file, program, access, or use of the Website is free from viruses, malware, or other harmful technology or material which could damage or infect your data, hardware, software, or other equipment. By accessing and using the Website you assume all risk in this regard and you release Marine South from all applicable liability and responsibility.

12. Termination of your access to the Website

Marine South may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

13. Disclaimer of warranties and limitation of liability

To the full extent permitted by law, Marine South excludes all warranties, whether express or implied, including any warranties or representations concerning the availability of the Website, quality, completeness, accuracy, suitability, acceptability, or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website, and the goods and services advertised or accessible on the Website.
Subject to the consumer guarantees provided for in consumer protection legislation, Marine South excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, and all links to or from the Website.
Subject to the consumer guarantees provided for in consumer protection legislation, Marine South excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.
Notwithstanding anything in this clause 13, in the event that Marine South is liable for a breach of these Terms, the maximum extent of Marine South’s liability is limited at its sole and absolute discretion to either supplying the services again or the payment of the cost of having the services supplied again.

14. Indemnity

You agree to fully indemnify Marine South, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

any breach of these Terms by you;
your access or use of the Website; or
your communications with Marine South

15. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

16. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

17. Entire Agreement

These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Marine South. Any waiver of any provision of these Terms will be effective only if in writing and signed by a Director of Marine South.

18. Contacting us

If you have questions about the Website, these Terms or Privacy Policy, please contact us.