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TERMS AND CONDITIONS OF USE OF A MEMORY TREE WEBSITE
1. Acceptance of Terms and Conditions
1.1 The services provided by this website are offered by A Memory Tree Limited ("A Memory Tree") and the use of this website and/or registration as a member under this website by the user shall be deemed acceptance of these terms and conditions.
2.1 The user shall pay A Memory Tree charges from time to time listed on the website for services and products provided via the website. Charges shall be payable immediately by debit to the user's credit card. A Memory Tree's fees page lists current fees and the user acknowledges that the fees may be amended and the new fees will be valid from the time they are listed on the fees page.
2.2 All fees are in the currency of New Zealand dollars and are inclusive of GST.
3. Intellectual Property Rights
3.1 The user acknowledges that A Memory Tree owns all rights, title and interest to the intellectual property contained on this website including without limiting the generality of the foregoing, all copyright contained in the information, graphics, design and software forming part of the website.
4. No Warranty
4.1 The user acknowledges that A Memory Tree gives no warranty as to the accuracy or otherwise of any information contained on the website or service or products provided via the website. The user acknowledges that to some extent any information, service or products obtained by the user via the website is dependent upon personal information or business information provided by the user or third parties.
4.2 All information provided by A Memory Tree is for the user's information only and is not intended as advice. In the event that the user requires advice on an issue, it is recommended that the user obtains expert advice from the relevant professional.
4.3 The user acknowledges that from time to time other parties may be advertising on the website. The user acknowledges that A Memory Tree accepts no responsibility or liability or makes no recommendation in respect of any products or services advertised on the website.
4.4 Any contact the user makes with other website users is at the users own risk.
5. Use of Website
5.1 The website may from time to time facilitate bulletin boards and chat rooms. The user acknowledges that while A Memory Tree may from time to time monitor and review such chat rooms, bulletin boards and other areas of the website but is not obligated to do so and A Memory Tree assumes no responsibility or has any liability for any error, defamation, libel, slander, omission, false or misleading statement or conduct, obscenity, pornography, profanity or any other illegal communication contained within any information within the website.
5.2 Notwithstanding the above, A Memory Tree will monitor and review all information submitted to remembrance pages only. The user acknowledges and agrees that A Memory Tree may decline to allow material to be placed on remembrance pages if it believes, in its sole discretion, that the material breaches the terms and conditions or code of ethics.
5.3 The user agrees and acknowledges not to post or transmit any such errors, defamation, libel, slander, omission, false or misleading statements or conduct, obscenity, pornography, profanity or illegality on the website.
5.4 The user agrees not to engage in any activity which facilitates or encourages unsolicited email including without limiting the generality of the foregoing, "spamming" and "mail bombing".
5.5 The user will not attempt to gain any unauthorised access to any part of the website that is not available to the public and which may impact on the operation and functionality of the website or engage in any form of "hacking" in relation to the website.
5.6 The user agrees to obey the rules of "netiquette".
5.7 The user will not list email addresses, phone numbers or other contact details within the public pages of the website.
5.8 The user acknowledges that the website may from time to time be unavailable due to repairs or maintenance or server or capacity issues. A Memory Tree does not in any way warrant or guarantee continued access.
5.9 If the user breaches these terms and conditions A Memory Tree may in its sole discretion, without limiting any of its other rights and remedies:
(a) limit the user's activities on the website;
(b) remove the user's messages;
(c) warn other site users of the users actions;
(d) issue a warning to the user;
(e) suspend or terminate the users membership; or
(f) refuse to provide products or services to the users.
5.10 The user acknowledges they have read and agree to be bound by A Memory Tree's Code of Ethics.
5.11 The user may not use the website to advertise or promote any business of any nature whatsoever without the prior written consent of A Memory Tree.
5.12 The user acknowledges that the name under which the listing has been created and the country in which it has been created will be publicly available on the website.
5.13 Listings for any type of fixed term will lapse at the end of the working day on which the term expires. The listing will then be archived and the user will need to pay the appropriate fee to have it reactivated.
5.14 In the event that there is any dispute between family members or friends over any matter whatsoever relating to any material placed, or to be placed on the website or over ownership or control of any memory book, remembrance page or other product or service purchased, then A Memory Tree's decision shall be binding on all parties.
6. User Warranties
6.1 The user warrants that it is capable of entering into a legally binding contract.
6.2 The user warrants that it has provided complete, accurate and current personal information when registering. The user is responsible for maintaining and updating its personal information as required and may not register under multiple identities (regardless of whether those identities are false or not). In the event the user does register under multiple identities A Memory Tree may, disable or terminate the user's registration under some or all of that user's identities.
6.3 the user warrants that it will keep its login information confidential and secure, without limiting the foregoing the user must:
(a) not permit any other person to use its user name or membership;
(b) not disclose, or provide its password or any other information to a third party that may allow them to gain access to the user's membership.
6.4 By submitting any material whatsoever on the website, the user warrants that it has the right to do so. In particular and without limiting the generality of the foregoing the user warrants:
(a) the material does not infringe the intellectual property, privacy or confidentiality rights of any third party;
(b) the material is accurate in all respects; and
(c) the material is not offensive and is not illegal in any way.
7. Termination of Membership
7.1 A Memory Tree may, in its sole discretion, decline to register the user as a member or terminate the user's use of the website. In particular, and without limiting the generality of the foregoing, A Memory Tree may terminate the user's use of the website or registration as a member if it receives complaints about the user, the user breaches the terms and conditions, the user impersonates another member or if A Memory Tree, in its sole discretion, deems the user's behaviour is unacceptable.
8.1 A Memory Tree may from time to time facilitate certain links from its website to other websites for the user's convenience and assistance, but shall not be responsible or liable for the content of such websites.
9. Limitation of liability
9.1 A Memory Tree shall not be liable for any financial or consequential loss (including loss of profits) to the user (whether in contract, tort or otherwise) and all such loss is hereby excluded.
9.2 If, notwithstanding 9.1, A Memory Tree is found to be liable to the user in any circumstances then the maximum amount A Memory Tree will be liable for to the user is an amount equal to the lesser of:
(a) The purchase price of the goods and services;
(b) The cost of replacement or repair of the goods; or
(c) The actual loss or damage suffered.
10.1 The user indemnifies A Memory Tree against all costs, claims, losses, liabilities, damages and proceedings incurred by A Memory Tree whether directly or indirectly as a result of any negligent act, omission or breach of these terms by the user.
11.1 The user acknowledges that A Memory Tree will collect their personal information, including but not limited to registration and details on the user's use of the website and consent assessed.
11.2 The user authorises A Memory Tree to retain information on the user for the purposes of communicating with the user and from time to time making the user aware of any offers of services and products provided by A Memory Tree to its clients or website users, internal research purposes, to verify the user's identity and any other purpose authorised by the user.
11.3 The user acknowledges and agrees that A Memory Tree may contact them with messages from other user's who are trying to contact the user. The user agrees that if they contact another user then such contact is at their own risk.
11.4 A Memory Tree will not release the user's personal information in any circumstances other than those detailed in these terms and conditions otherwise or authorised by the user.
11.5 A Memory Tree have endeavoured to design the website in such a way that the user's personal information is held confidentially and securely unless the users have authorised the release of such personal information, but is not in a position to guarantee such privacy and confidentiality.
12. Governing Law
12.1 The terms and conditions are governed by the laws of New Zealand and the user agrees to submit to the exclusive jurisdiction of the New Zealand High Court.
12.2 The site and information contained on it is intended for use by New Zealand residents and users accessing the site from outside the country who are non-resident in New Zealand must comply with all New Zealand laws.
13. GeneralBack to top
13.1 The user acknowledges that from time to time A Memory Tree shall update these terms and conditions and agrees to be bound by any such updates and changes and are responsible for ensuring they are familiar with the latest terms and conditions. These terms and conditions were last updated on 21st August 2009.
13.2 The user acknowledges that A Memory Tree in its sole discretion may remove any material from the website that is in breach of these terms and conditions.
13.3 The products and services offered by A Memory Tree on the website are transferable to other parties, for example other family members or friends. However, the user acknowledges that fixed term listings will only be active until the expiry of that term.
13.4 A Memory Tree may waive any of its rights under these terms and conditions but any such waiver shall be binding only if in writing and shall apply only to the particular occasion, circumstances or event to which the waiver relates.
13.5 If a user terminates their membership, any pro-rata balance remaining will be refunded to the credit card that made the purchase less a NZ$10 manual processing fee payable to A Memory Tree. If the membership is terminated by A Memory Tree for any reason whatsoever, then it shall be at A Memory Tree's sole discretion whether to provide the refund.
13.6 The terms and conditions represent the entire terms and conditions in relation to the use of this website or membership, and all other representations, undertakings, promises whether written or verbal, express or implied, are hereby excluded.
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