Acceptance of terms and conditions

By accessing or using this site, you agree to, and are bound by, these terms and conditions. It is important that you read these terms and conditions carefully before using this site

Definitions

In these terms and conditions the following expressions have the following meanings:

‘we’, ‘us’ and ‘our’ and ‘My Waiheke’ [MW] refers to Clearspace Limited, a company registered in New Zealand and (where appropriate) includes its employees and agents. ‘MW’, ‘mywaiheke.co.nz’ , 'mywaihekewedding.co.nz' and 'mywaihekehire.co.nz' are protected trademarks of Clearspace Limited.

'using’ and ‘use’ in the context of this site includes (without limitation) in any way viewing, accessing, hyperlinking to, downloading from, linking from or employing the content or functionality of this site or any content or data on this site in any way at all; and ‘you’ and ‘your’ and ‘user’ means you the user of this site.

Copyright

All logos, brands, material and information appearing on, or included in, this site is copyright to MW and/or its advertisers on this site.

Downloading or printing of individual pages of this site is permitted only for your personal use for the purposes of planning your wedding and any such printed or downloaded material must retain any trademark or copyright notices.

Downloading, printing or copying of any material on this site or the reproduction of this site or its functionality in any form or for any other purpose is strictly prohibited.

Use of the Site

MW grants you a non-transferable, revocable and non-exclusive license to use this site in accordance with these terms and conditions.

No service fees are charged to users for use of the site. However MW reserves the right to review and amend its service fee policy for users at any stage. This may include the addition of standard fees for access to the site or new services, which may be offered in the future. If we change our service fee policy, we will place notices on the site to alert you to the changes.

This site is intended for personal use only and may only be used to facilitate organisation of your wedding or event, including accessing suppliers and advertisers use of the online tools. You must not use this site for any other purpose.

You must not in any way intentionally interfere, attempt to interfere or cause or permit interference with this site or its normal operation. You must not take any action or cause an action that creates an unreasonable load on our computer equipment.

You must not in any way (including by use of any spider, crawler or other automated device or any program having similar functionality, or manually) monitor or copy this site or any data or content found on it.

You must not use this site or anything appearing on it to violate any laws of any kind.

MW may, but has no obligation to, remove content that we determine in our sole discretion is inappropriate. This includes, but is not limited to, content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or the terms and conditions.

You must not in any way intentionally interfere, attempt to interfere or cause or permit interference with any listings, homepages or other uses of this site other than your own.

Without limiting any other rights and remedies available to us, if you breach any of these Terms and Conditions we may limit your activities on the site, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your rights for use, or refuse to provide our services to you.

MW reserves the right to decline to allow you access to, or use of, the site, for any reason whatever.

Advertiser information and links

The site provides a facility for our advertisers to advertise their products and services on the site and for users to contact and deal with such advertisers directly, whether through links to the advertisers’ own websites or by other means. We are not responsible for the accuracy of any such advertisements or content relating to such advertisers, nor for the accuracy of any content on the advertisers own sites.

No responsibility for your dealings with advertisers

MW does not act as the agent of any advertiser which advertises its products or services on this site. Any communications or contracts formed with such advertisers are a matter strictly between you and the advertiser. You must form your own judgment as to the suitability of any advertisers’ products or services for your purposes. MW disclaims absolutely any responsibility or liability in respect of any dealings you may have with any advertisers on this site.

You agree and acknowledge that

MW gives no assurance or guarantee as to any matter contained or implied in the site (including information submitted and listed by suppliers, advertisers or other users;

MW is not responsible for ensuring that any user, supplier or advertiser is able to perform its obligations to provide to you services or advice; and

Any dealings between you and any advertiser on this site is a matter strictly between you and the advertiser and the resolution of any problems with such advertisers must be taken up directly with such advertisers.

If a user, supplier or advertiser refuses to confirm or repudiates any contract arising from use of the site, or suffers any loss or damage as a result of a breach by the other party, MW will not be responsible for any loss or damage sustained by you or any of them.

User information and access

You warrant that you have provided complete, accurate and current information when required as part of your use of the site.

You must not send us anything or post anything on this site which infringes the rights of others or which contains a virus or other harmful item or which is unlawful, indecent, threatening or offensive or which could in any way create any liability on us or could cause us to lose the services of our internet service provider or any of our customers.

Emails and Marketing

At various times we will contact users via electronic or physical communications. This may include newsletters, promotion offers, updates and general communications from us when we believe the communications are of value to you. Communications will include clear instructions on how to be removed from the user communication list. 

General Conditions

Your use of the site is at your sole risk. The service is provided on an “as is” and “as available” basis.

MW may, but has no obligation to, remove content that we determine in our sole discretion is inappropriate. This includes, but is not limited to, content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the terms and conditions.

By agreeing to the terms and conditions, you acknowledge that the technical processing and transmission of the service, including any content associated with the site, may be transferred unencrypted and involve; transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

Liability

To the maximum extent permitted by law any and all liability and responsibility of MW to you or any other person in connection with these terms and conditions, or in connection with, this site, another user’s acts or omissions, or your use of or inability to use, this site, statements made by or conduct of any supplier, advertiser or other third party on the service; is excluded however such liability arises.

Governing law

These terms and conditions and your use of the site are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of all matters arising regarding MW and your use of the site.