Website Terms & Conditions
1. INTRODUCTION
(a) These terms and conditions (Terms) apply when you use the website available at hereaboutshq.co.nz, the discovery-only website available at localsnearyou.co.nz, and any related website, webpage or online content we make available from time to time (Website).
(b) You agree to be bound by these Terms, which form a binding contractual agreement between you and us, IAWSA Consulting Pty Ltd ABN 71 681 222 613 trading as Hereabouts HQ (Hereabouts HQ, our, we or us).
(c) If you do not agree to these Terms, you must not use the Website.
(d) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following an update will represent an agreement by you to be bound by the Terms as amended.
2. ACCESS AND USE OF THE WEBSITE
(a) You must only use the Website in accordance with these Terms and all applicable laws.
(b) You must not use the Website in a way that is unlawful, misleading, deceptive, fraudulent, harmful or that interferes with the normal operation of the Website.
(c) If you access or use the Website on behalf of a business, organisation or other entity, you must ensure that your employees, contractors, agents and other representatives who use or access the Website comply with these Terms and all applicable laws.
(d) The Website is intended to provide general information about Hereabouts HQ and to allow users to browse, search for and interact with business listings and related content made available through the Website.
(e) LocalsNearYou is a discovery-only consumer surface that may display, index, summarise or link to verified business listing information made available through Hereabouts HQ. LocalsNearYou is intended to help users discover local businesses and direct users to Hereabouts HQ or other relevant business listing pages. Unless we make additional features available, LocalsNearYou does not allow users to create accounts, submit forms, make payments, leave reviews or share customer contact details with businesses.
(f) Business subscribers must also comply with our Platform Terms and Conditions, available on the Website, that apply to business accounts, business listings, subscriptions and business subscriber features.
3. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, decompile, reverse engineer or otherwise interfere with any part of the Website without our prior written consent.
(b) use the Website for any purpose other than browsing, searching for, viewing or interacting with business listings and related Website content, or using any other feature we make available through the Website.
(c) use, or attempt to use, the Website in a manner that is unlawful, misleading, deceptive, fraudulent, in breach of fair trading laws, or that facilitates unlawful, misleading, deceptive, fraudulent or fair trading law-breaching activity.
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt, damage, overload or create an undue burden on the Website or the servers, systems or networks that host or support the Website.
(e) use the Website with the assistance of any automated scripting tool, scraper, crawler, bot, data extraction tool or similar technology without our prior written consent.
(f) scrape, harvest, copy, extract, download, compile or use Website content, business listings, customer information or other data from the Website to build, train, improve, benchmark or support a competing product, service, directory, database or platform.
(g) act in a way that may diminish or adversely affect our reputation, goodwill, business, users, customers, service providers or the Website.
(h) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts, systems or data.
(j) scanning, probing or testing the Website for security vulnerabilities.
(k) overloading, flooding, mailbombing, crashing or submitting a virus, malware, ransomware or other harmful code to the Website.
(l) instigating or participating in a denial-of-service attack against the Website.
4. INFORMATION ON THE WEBSITE
(a) While we will use reasonable efforts to ensure the Website is as accurate and up to date as possible, you acknowledge and agree that from time to time:
(i) the Website may contain errors, omissions or defects.
(ii) the Website may not be accessible or available.
(iii) messages, enquiries, forms, notifications or other communications sent through the Website may not be delivered promptly or at all.
(iv) information you receive, submit or access through the Website may not be secure or confidential.
(v) information on the Website, including business listings, verification information, reviews, ratings, search results, promoted listings and other content, may not be accurate, complete, current or suitable for your circumstances.
(b) You acknowledge that business listings and other business-related content may be provided by third party businesses and that we do not guarantee the accuracy, completeness, currency, quality, suitability, safety, legality or availability of any business, product or service listed on the Website.
(c) Any verification status, verification badge, review, rating, search result, promoted listing or other Website feature does not mean that we recommend, endorse, guarantee, approve, supervise or certify any business, product or service.
(d) You should make your own enquiries before relying on information on the Website or engaging with any business listed on the Website.
(e) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including business listings, verification information, reviews, ratings, search results, promoted listings, Website Content and other Website features.
(f) A business profile or public verification page may display verification-related dates, including the date the business was first registered or recorded in a recognised source and the date the business was first verified, last verified or most recently re-verified through Hereabouts HQ. These dates are provided for transparency only and do not mean that we recommend, endorse, guarantee, approve, supervise or certify the business, its products or its services.
5. INTELLECTUAL PROPERTY
(a) We retain ownership of the Website and all materials on the Website, including text, graphics, logos, designs, icons, images, audio, video, software, source code, object code, databases, directories, business listings, verification badges, verification pages, reviews, ratings, search results, promoted listings, downloads and other content (Website Content).
(b) We reserve all rights in any Intellectual Property Rights owned or licensed by us that are not expressly granted to you.
(c) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it in your browser.
(d) You must not otherwise copy, reproduce, transmit, adapt, distribute, sell, modify, publish, scrape, harvest, extract, download, compile, reverse engineer or otherwise exploit the Website or any Website Content without our prior written consent, except as permitted by law.
(e) Nothing in these Terms transfers ownership of the Website, Website Content or any Intellectual Property Rights to you.
6. LINKS TO OTHER WEBSITES
(a) The Website may contain links to third party websites, platforms, services, maps, social media pages, advertisements, business websites and other online content.
(b) Those links are provided for convenience only and may not remain current or be maintained.
(c) We have no control over, and are not responsible for, the content, accuracy, security, availability, privacy practices or terms of any third party websites, platforms, services or content.
(d) The inclusion of a link on the Website does not imply that we recommend, endorse, approve, verify, guarantee or accept responsibility for the linked website, platform, service, business, product or content.
(e) You should make your own enquiries before accessing or relying on any third party website, platform, service or content.
7. SECURITY
(a) We do not accept responsibility for loss or damage to computer systems, mobile phones, tablets or other electronic devices arising in connection with your use of the Website, except to the extent caused by our breach of these Terms or as required by law.
(b) You should take your own precautions to ensure that the way you access the Website does not expose you to viruses, malware, ransomware, malicious computer code or other forms of interference.
(c) You must not attempt to bypass, disable or interfere with any security, bot protection, fraud prevention or access control feature used on the Website.
8. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in material on the Website, any inaccurate or misleading business listing, any inappropriate review or content, or any difficulty accessing or using the Website, please contact us promptly using the contact details or form provided on the Website.
9. PRIVACY
(a) We handle personal information in accordance with our Privacy Policy, which is available on the Website.
(b) By using the Website, browsing or searching business listings, submitting a review, making an enquiry, choosing to share contact details with a business, updating contact sharing preferences, or otherwise interacting with us through the Website, you acknowledge that we may collect, use, disclose and handle personal information in accordance with our Privacy Policy.
10. LIABILITY
(a) To the maximum extent permitted by law, we make no warranties or representations about the Website or any Website Content, except as expressly stated in these Terms.
(b) You acknowledge that the Website may include business listings, verification information, reviews, ratings, search results, promoted listings, advertisements and other content provided by third parties.
(c) To the maximum extent permitted by law, we are not liable to you or any third party for any loss or damage arising from or in connection with:
(i) your use of, or inability to use, the Website.
(ii) any errors, omissions, interruptions, delays, defects or unavailability of the Website.
(iii) any business listing, verification information, review, rating, search result, promoted listing, advertisement or other Website Content.
(iv) any product, service, representation, conduct, omission or dealing of any business listed on or accessed through the Website.
(v) any third party website, platform, service or content linked from the Website.
(vi) reliance on information on the Website without making your own enquiries.
(d) To the maximum extent permitted by law, we are not liable for any indirect, special or consequential loss, loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of data or loss of anticipated savings arising from or in connection with your use of the Website.
(e) Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other applicable law.
11. GENERAL
11.1 GOVERNING LAW AND JURISDICTION
(a) These Terms are governed by the laws of New Zealand.
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of New Zealand and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.
(c) Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
11.2 WAIVER
No party may rely on the words or conduct of another party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
11.3 SEVERANCE
Any term of these Terms which is wholly or partly void or unenforceable is severed to the extent that it is void or unenforceable.
The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
11.4 JOINT AND SEVERAL LIABILITY
An obligation or liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
11.5 ASSIGNMENT
(a) You must not assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
(b) We may assign, novate or otherwise transfer any of our rights or obligations under these Terms as part of a business sale, restructure, merger, acquisition, corporate reorganisation or transfer of the Website, provided that the transfer does not materially reduce your rights under these Terms.
11.6 ENTIRE AGREEMENT
These Terms, together with any policy or document incorporated by reference, form the entire agreement between the parties about your use of the Website and supersede any prior negotiation, conduct, arrangement, understanding or agreement, whether express or implied, about that subject matter.
11.7 INTERPRETATION
In these Terms, unless the context requires otherwise:
(a) words in the singular include the plural and vice versa.
(b) a reference to $ or dollars is to New Zealand currency.
(c) words indicating a gender include any other gender.
(d) if a word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning.
(e) a reference to a person includes an individual, company, corporation, authority, association, partnership, trust and any other legal entity.
(f) a reference to a party includes that party's successors and permitted assigns.
(g) a reference to these Terms includes any policy or document incorporated by reference.
(h) a reference to a document includes that document as varied, replaced, novated or updated from time to time.
(i) headings are for convenience only and do not affect interpretation.
(j) includes and similar words are not words of limitation.
(k) no provision of these Terms will be interpreted adversely to a party merely because that party was responsible for preparing the provision.
11.8 DEFINITIONS
In these Terms, unless the context requires otherwise:
(a) Consumer Guarantees Act means the Consumer Guarantees Act 1993.
(b) Fair Trading Act means the Fair Trading Act 1986.
(c) Intellectual Property Rights means any and all present and future intellectual and industrial property rights throughout the world, whether registered or unregistered, including copyright, trade marks, designs, patents, moral rights, trade, business, company and domain names, inventions, know-how, confidential information, trade secrets and any rights to apply for, register, renew or protect those rights.
(d) Platform Terms and Conditions means the terms and conditions that apply to business accounts, business listings, subscriptions and business subscriber features made available by us on the Website from time to time.
(e) Privacy Policy means our privacy policy made available on the Website from time to time.
(f) Terms means these website terms and conditions.
(g) Website has the meaning given in the Introduction section.
(h) Website Content has the meaning given in the Intellectual Property section.