Website Terms and Conditions
1.1. In these terms and conditions, unless the context otherwise requires:
"Family Archives" means Family Notices Limited and any associated company and the officers and employees thereof;
"notice" means a birth or death notice, family history or family photo album, or any other public family notice listed on the websites;
"services" means any services Family Archives may supply through the websites from time to time;
"user" means any person viewing the websites, any person registered as a user or any person using a service provided through the websites;
"websites" means www.familyarchives.co.nz , www.familynotices.co.nz , www.familywatch.co.nz , www.familyhistory.co.nz and www.familyhistories.co.nz.
2. Acceptance of terms and conditions and alterations
2.1. Family Archives offers the use of the websites on these terms and conditions. By using the websites or registering as a user you agree to be bound by all these terms and conditions. If you do not wish to accept these terms and conditions, do not use the websites or register as a user.
2.2. Family Archives may amend these terms and conditions from time to time. Amendments to these terms and conditions shall be effective from the date they are published on the websites. Your continued use of the websites shall be deemed acceptance of the amended terms and conditions.
3. Registering as a user
3.1. You may only register as a user of the websites if you have the capacity to form a legally binding contract. By registering as a user you warrant that you have such capacity.
3.2. By registering as a user and supplying your personal information to Family Archives you warrant that your personal information is complete and accurate. You must maintain your personal information so as to ensure it remains complete and accurate.
3.3. Family Archives may decline to register you as a user or Family Archives may decide to terminate your registration for any reason and without consultation with you.
3.4. It is your responsibility to keep your login information confidential and secure. You must not disclose your login information to any third party.
3.5. You may not register as a user of this website under multiple names or identities.
4.1. The acceptance of any notice for publishing on the websites is entirely at the discretion of Family Archives. Family Archives has the right to refuse to publish any notice on the grounds of objectionable or misleading content or due to the misuse of any service or website by you.
4.2. Notices must not contain material that is deceptive, misleading, offensive, objectionable, defamatory or unlawful.
4.3. Family Archives reserves the right to remove or alter any notice for any reason, entirely at its discretion, including but not limited to any of the following:
(a) Where a notice breaches clause 4.2;
(b) Where the notice includes a link or reference to any other website;
(c) Where Family Archives has reasonable cause to believe that the party placing the notice has previously engaged in any dishonest or unethical conduct in relation to this or any other website or has breached these terms and conditions.
5. Chat Rooms ( if they exist)
5.1. You must be a registered user to be able to use the chat rooms on this website.
5.2. Family Archives shall not be responsible for opinions expressed in the chat rooms. By posting opinions or comments in the chat rooms you agree to be legally responsible and liable for those opinions or comments and to fully indemnify Family Archives for any claims made against it or any expenses it incurs as a result of your posted opinions or comments.
5.3. Family Archives reserve the right to remove any postings from the chat rooms that it considers in its sole discretion to be defamatory, objectionable, offensive, misleading or unlawful.
6. Exclusion of Liability
6.1. To the maximum extent permitted by law, Family Archives excludes its liability and responsibility to you or any other person in relation to:
(a) these terms and conditions;
(b) the services;
(c) the websites;
(d) any loss of data held by Family Archives on the websites or elsewhere;
(e) another user's acts or omissions; or
(f) your inability to access or use the services or the websites
regardless of whether such liability arises in contract, tort, equity, breach of statutory duty or otherwise. Family Archives' liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect.
7. No Guarantee
7.1. Family Archives does not guarantee that the websites will be available at all times;
7.2. To the extent that any notice is published for the purposes of your business the statutory guarantees in the Consumer Guarantees Act 1993 shall not apply.
8. Intellectual Property Rights
8.1. All proprietary and intellectual property rights in the websites are the property of Family Archives and its licensors or suppliers.
8.2. Unless Family Archives or its licensor or suppliers approves in writing, you are prohibited from reproducing, transmitting or distributing in whole or in part, or in any medium or form, content contained within the websites.
8.3. Where any intellectual property rights are created by Family Archives for the purposes of publishing any notice or the provision of any other service, the intellectual property rights shall be the property of Family Archives.
8.4. Where any notice includes any intellectual property, the party providing the notice warrants that it is authorised to deal with the intellectual property in the manner set out in the notice.
9.1. All parties publishing notices on the websites agree to indemnify Family Archives against all claims, losses or damages of any kind, including any legal costs incurred, resulting from or connected with the publishing of the notice.
9.2. It is the responsibility of the party providing the details to be included in the notice to ensure compliance with all laws which are or might be applicable.
9.3. You shall not engage in conduct which may bring Family Archives into disrepute or cause damage to Family Archives' reputation.
10.1. The personal information provided by you to Family Archives is used solely for the purpose of the services provided by Family Archives.
10.2. Any person in respect of whom Family Archives possesses personal information may have access to that information and may require it to be corrected or deleted.
10.3. All parties placing a notice on the websites must ensure that the details provided in the notice are correct and are limited to those details which the party considers necessary for the purpose of the notice.
10.4. All parties placing a notice on the websites must ensure that the notice is authorised by the appropriate persons and Family Archives takes no responsibility for notices that are placed on the websites without proper authority.
10.5. Family Archives may disclose personal information in its possession to third parties only when it is required by law to do so.
11. Virus Protection and Email SPAM
11.1. It is your responsibility to ensure that your computer has adequate and regularly updated virus protection and Family Archives shall have no liability arising from any infection of your computer howsoever caused.
11.2. Family Archives shall take all reasonable steps to ensure that its server is regularly scanned for viruses.
11.3. Family Archives shall be entitled to reject any electronic communication which contains a virus or malicious code and shall have no liability arising from any such rejection.
11.4. Family Archive adopts a responsible code of conduct and will not knowingly communicate any Email SPAM and expects you to take all reasonable steps to prevent the dissemination of SPAM.
12.1. Any failure or delay by Family Archives to enforce any breach of these terms and conditions does not constitute a waiver by Family Archives of its rights and remedies under these terms and conditions.
12.2. Without prejudice to clause 3.1, Family Archives has no liability or responsibility for any lack of performance or unavailability of any service or the websites or for the failure of Family Archives to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Family Archives.
12.3. If any provision of the terms and conditions becomes or is held to be invalid or is unenforceable for any reason it shall be severed from the remaining provisions which shall continue in full force and effect.
12.4. These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
12.5. These terms and conditions constitute the entire agreement between the parties and supersede all previous understandings, conditions, representations and agreements between the parties for the use of the websites and the provision of services to you by Family Archives.