WEBSITE TERMS AND CONDITIONS
Introduction
These Website Standard Terms and Conditions (these “Terms”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to hereinbelow as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept and agree to be bound by these Terms from the date on which you first access the Website. You must not use this Website if you have any objection to any of these Terms.
These Terms may be changed or updated from time to time. Your continued use of the Website represents your agreement to be bound by these Terms as amended from time to time. You should, therefore, review these Terms whenever you access the Website and cease using the Website if you do not accept any change to these Terms.
If you experience any problems whilst accessing or using this Website please let us know by email to [email protected] as soon as reasonably possible.
Intellectual Property Rights
Other than the content you own, which you may have opted to include on this Website, under these Terms, Zempire Camping and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
In relation to any such intellectual property you must not:
- Assert any ownership or rights;
- Use, reproduce, modify, alter, adapt, duplicate or amend in any way whether directly or indirectly;
- Generate any profit from it or exploit it in any way.
Restrictions
You are expressly and emphatically restricted from all of the following:
- transferring or copying any Website material or publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using the Website material in any way that would breach the intellectual property rights in the same;
- using this Website in any way that is, or maybe, damaging to this Website;
- using this Website in any way that impacts user access to this Website or which may cause the Website to be interrupted, damaged, rendered less efficient or impair the effectiveness or functionality of the Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Zempire Camping may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password (the “Registered User”) you may have for this Website are confidential and you must maintain the confidentiality of such information and ensure that your access of the Website is secure.
No Warranties
This Website is provided “as is,” with all faults, and Zempire Camping (to the extent permitted by law) makes no express or implied representations or warranties, of any kind in respect of this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.
Zempire Camping makes no warranties that the Website will be free from viruses, infection or any other destructive code and shall not have any liability to you for any damages, losses or expenses suffered by you as a result of material on the Website infecting or damaging your computer equipment, software or any other electronic device.
Limitation of Liability
To the extent permitted by law, in no event shall Zempire Camping or any of its officers, directors, employees, contractors or suppliers, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Zempire Camping including its officers, directors, employees, contractors or suppliers shall not be liable for any direct, indirect, consequential or special liability or punitive or exemplary damages arising out of or in any way related to your use of this Website (whether foreseeable or not).
If under law Zempire Camping is determined liable to you for losses, such liability is limited to a maximum amount equal to lesser of the fee paid by you to Zempire Camping for the order to which the loss or liability relates and $10,000.00 (exclusive of GST).
Liability and Indemnification
You hereby indemnify to the fullest extent permissible by law Zempire Camping from and against any and all liabilities, costs, demands, causes of action, damages, losses and expenses (including reasonable lawyers’ fees) arising out of or in any way related to your use of the Website or breach of any of the provisions of these Terms.
You are responsible for all matters, including payment of all orders, associated with your access to and use of the Website and all activities that occur under your Registered User.
Termination
You may terminate your Registered User account at any time by providing notice of termination to Zempire Camping by email to [email protected].
Zempire Camping may terminate your Registered User account at any time by providing notice of such termination to you by email. On termination of your Registered User account, you will cease to have access to that account.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Assignment
Zempire Camping shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without requiring any notification or consent. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Privacy Policy
Please see our Privacy Policy for further information on our privacy practices. A copy can be located in the footer of the website.
External Websites
The Website may contain links to third-party websites or resources. Zempire Camping does not have any control over these external websites and is not responsible for their content. The presence of a link from the Website to an external website does not constitute an endorsement by Zempire Camping of the third party or the content of their website. If you choose to use these external websites it is entirely at your own risk and subject to the terms and conditions of use of those external websites.
General
These Terms (together with the Sales Terms and Conditions and the Privacy Policy referred to in these Terms), including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Zempire Camping and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same. These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the Courts of New Zealand in respect of any matter arising out of or in connection with these Terms or the Website.