General terms & conditions of use of the NZTR.co.nz website
This nztr.co.nz website (“Website”) is provided and operated by New Zealand Thoroughbred Racing Incorporated (“we”, “us”, “our”).
The following general terms and conditions of use (the “Terms”) govern your access and use of the Website and the services provided by or through the Website. By accessing or using the Website you agree to these Terms and all applicable laws.
You authorise us (under the terms of the Privacy Policy located here, to collect, use, store and share any personal information about you for the purpose of providing our services and/or enforcing any rights under these Terms.
If you do not wish to be bound by these Terms, you should stop accessing and using the Website and any services.
Liability
Despite anything else contained in these Terms, any liability to you by us in respect of anything arising from or concerning these Terms, the Website or any services, whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential or special) is excluded to the fullest extent permitted by law.
To the extent that our liability cannot be excluded by law, or to the extent that the exclusion of our liability would render these Terms unenforceable, you agree that the maximum amount that you are entitled to claim against us (in total) and the maximum amount that we (in total) are liable to you for is $1 New Zealand dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable for our benefit.
Despite anything else contained in these Terms, you agree that we are not liable to you (or to anyone else) for any failure or delay in the performance of our obligations under these Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside our reasonable control.
Intellectual Property and Limited Reproduction Notices
The Website contains text, images, graphics, sound, photographs, racing materials and resources and other materials and content relating to our organisation and our services (“Content”). The Content and all intellectual property rights are owned by us or by our licensors.
Subject to the ‘Sharing and Social Media’ clause below, no part of the Website may be:
- distributed or copied for any purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form); or
- published, copied, reproduced, transmitted or stored (including in any other Website or other electronic form) except that you may print, or download to your hard drive, forms or extracts from the Website only for your own use.
Except as specified in these Terms, you do not obtain any rights to the Content or to any intellectual property rights that subsist in the Content. We grant you the right to access the Website. This granted right is non-exclusive, non-transferable and subject to these Terms.
Sharing and Social Media
Where we expressly provide you with an opportunity to ‘share’ certain content from the website on social media (including, for example, Facebook, Twitter and Google+), you agree that you will only share any such content on your personal social media pages through the links provided by us.
Unless prior written consent has been provided by us, you may not share any such content on any social media page that in our sole opinion is commercial in nature or which advertises, or in any way suggests a connection or association between us or the Website with, any product or service.
Linking
The contents of the Website may include links to third party materials (“Linked Sites”). We are not responsible for the contents, accuracy, security and/or availability of any Linked Site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties.
These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Linked Site or any association with their operators. We reserve the right to prohibit links to the website and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue generating material.
Communication Tools
If you use communication tools available through the Website (including, but not limited to, posting comments on photos in the gallery), you agree only to use such communication tools for lawful and legitimate purposes.
You must not use any communication tool for posting or disseminating any material unrelated to the use of the Website, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of our website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use).
When you make any communication on our website using the communication tools that we provide, you represent that you own the content of the communication.
We will moderate communications on the Website, however, we are under no obligation to ensure that the communications on our Website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion.
Please report any objectionable information to us at: marketing@nztr.co.nz
Advertisers
Any dealings with any advertiser appearing on the Website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
No Warranty/Disclaimer
The Website makes information and material available to you as a service. Use of the Website material is at your own risk.
To the maximum extent permitted by law, we expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of the information or materials (including, without limitation, downloadable forms) on the Website being accurate, complete, uninterrupted, free of errors, defects, viruses or free of other harmful components.
We are not responsible for any adverse consequences arising out of the use of information contained on the Website. The material and Content provided on the Website has not been prepared by taking into account the particular objectives, situation or needs of any individual users. It is a general information service only. You should assess whether it is appropriate in light of your own objectives, situation and needs. We do not give any warranty of accuracy or reliability of information contained on the Website to you or any other person.
You acknowledge that:
- Your use of the Website is at your sole risk;
- The Website are provided “as is” and “with all faults”; and
- The Website may not be secure, timely, uninterrupted, error-free or otherwise reliable;
- We may cease to make available any of the Website content;
- The transmission of information via the internet is not secure and we cannot guarantee the security of Your data in transmission to or from our Website.
Privacy and Personal Information
You may be asked to provide personal information in order to register on our Website and to use our services.
We respect the privacy of users and comply with our obligations under the Privacy Act 2020. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control.
You authorise us under the terms of our Privacy Policy, (which you can read by clicking here) to collect, store and share any personal information about you in connection with the uses contemplated by these terms. By accessing and browsing this Website, you accept the terms of our Privacy Policy.
If you have questions or comments about our Privacy Policy, please contact us at marketing@nztr.co.nz.
Marketing and promotional materials
By registering on our Website, you consent to receiving marketing, promotional and other material by way of electronic message from us. You may unsubscribe from the electronic messaging services at any time by emailing us at marketing@nztr.co.nz.
Restriction on use
The Website is only for your legal personal use. You may not use the Website or any Content for any commercial purposes or in any way that is unlawful, or harms us, our related companies or any other person. You may not:
- introduce into or through this Website any information or materials which may be harmful or offensive to others;
- archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under these Terms) any of the Website content;
- circumvent, remove, alter, disable, deactivate or otherwise interfere with any security related features of the Website;
- use any automated tools or mechanisms including any robot, spider or scraper to access the Website or insert any code or manipulate the Website;
- reverse engineer, disassemble or decompile any software or software processes in relation to the Website;
- post any material on the Website, or use the Website, the Content or any service offered via the Website in any manner, that is unlawful, obscene, offensive, defamatory, derogatory or unwanted;
- take any action that could damage, disable, overburden, or impair any of our servers or the network(s) connected to any our server;
- interfere with any other party's use and enjoyment of the Website; or
- reduce the number of users accessing or using or able to access or use the Website.
You will ensure that all usernames and passwords required to access our Website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another user or maintain more than one account with us without our consent. We may, at our sole discretion, suspend or terminate your account and limit your access to our Website.
We reserve the right, without any limitation whatsoever, to at any time:
- for any reason, discontinue, or alter the functionality, appearance or otherwise of the Website; or
- terminate or suspend your access to the Website in the event we reasonably consider you may be in breach of these Terms.
Changes to the Terms
We may change these Terms from time to time. The current and binding Terms will be the Terms displayed on the Website at the time you access or use the Website. If the Terms are updated, those Terms shall be effective as at the date they are uploaded onto the Website
By continuing to access the Website, you agree to be bound by the amended Terms. If you do not accept any modification to these Terms, please refrain from further use or access to the Website.
General terms
Waiver
If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.
Severability
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
Governing Law
These Terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.
Indemnify
You agree to at all times indemnify us against any and all liability, claims, losses, damages, costs, including solicitor-client costs or other expenses of any nature whatsoever awarded against, incurred or suffered us arising out of or in connection with any breach by you of these Terms. None of the exclusions or limitations set out in these Terms will have the effect of limiting or excluding any form of liability to the extent such liability cannot be so limited or excluded under applicable law.
Entire Agreement
Unless we otherwise agree in writing, these Terms constitute the entire agreement between us and you in relation to their subject matter.
Surviving clauses
Where your access has been terminated or suspended, the following clauses will survive:
- No Warranty/Disclaimer;
- Intellectual Property and Limited Reproduction Notices;
- Liability; and
- General Terms.