By registering to receive email or text message alerts with the otagocancel.co.nz website you are entering a website owned and operated by Allied Press. Your entry to this website and the use of email or text message services is subject to the conditions of use set out below.
2. DEFINITIONS
2.1. ""we", "us" and "our" means Allied Press Limited, and "you", "your" means the person registered to use the services who is responsible for creating, maintaining and deleting teams that they wish to receive event notices such as cancellations, postponements or transfers.
2.2. Allied Press Limited and you may each be referred to herein as a "party" and collectively as the "Parties".
2.3. Unless the content otherwise requires:
Alert means a mobile text message or email message containing content about an event that you have registered to receive notices of any changes to the original event.
Administrator is the person or organisation responsible from creating and maintaining events and who is soley responsible for making any changes to an event.
Cancelled means the event is cancelled and not to be rescheduled.
Content includes event information, draws, notices, messages or any other information you may receive via the service or alert.
Event means a sporting or general event created by an Administrator that is scheduled to take place on day, time and at a venue specified in advance involving one or more participants.
Message means the content that is transmitted using the service by mobile or email to you or by you searching the website.
Mobile Network Provider means Vodafone or Telecom mobile operations.
Participant/User means a person or person working for an organisation such as local radio that views any changes to the scheduled events on the website or registers on the website to receive email and/or mobile text message alerts.
Postponed means the event is rescheduled to new day. Event start time and venue may be different.
Service or Website means
www.otagocancel.co.nz, a website that allows you to register and maintain alerts for the team(s) you create.
Transferred means the movement of event venue on the same day and / or change to the event start time.
3. PURPOSE
3.1. We will provide you with access the service to create and maintain a list of teams or events that you wish to receive alerts as a result of any changes made by the Administrator to the event.
3.2. You will use the service to receive alerts and maintain up to date information in order to receive alerts.
4. MODIFICATION
4.1. We may modify any of the provisions contained in these terms and conditions at any time. Your continued use of the website will constitute binding acceptance of the modification.
5. OUR RESPONSIBILITIES
5.1. We shall host and maintain the website.
5.2. We are not responsible for creating or changing any planned event(s) you may have registered to receive an alert for.
5.3. We shall use reasonable efforts to maintain acceptable performance levels for the website, however we do not guarantee continuous service, at any particular time, or integrity of data stored or transmitted via our systems via the Internet or any other network.
5.4. We will provide you with secure access using a login username and password enabling you to use the service to add, delete, amend, or alter any details in order to receive alerts.
5.5. We may at any time read your details for the purpose of ascertaining your compliance with this contract.
5.6. We may delete data stored in the website if we consider the data to be misleading, inappropriate, illegal, offensive or otherwise in breach of any law, standards or regulations.
5.7. We hold the right to suspend, without notice your use to part or the entire website.
5.8. Delivery of SMS (short message services) mobile text messages will be restricted to New Zealand only. Internet and email services are offered internationally.
5.9. You acknowledge that we cannot provide a continuous or faultless mobile service to participants and there may be instances where content is not delivered or delivered in a timely manner. We accept no liability in such circumstances.
6. YOUR RESPONSIBILITIES
6.1. You shall remain solely liable and responsible for your use of the service and any and all content that you upload or download through the use of the service.
6.2. You shall exercise all due care, skill and diligence at all times when using the service including your use of alerts.
6.3. You acknowledge that the website and network connections are not infallible, meaning you will have a back up plan if either fail.
6.4. You shall not attempt to hack or alter any data. Any attempt to do so will result in criminal action.
6.5. You will be responsible for keeping your user name and password private for your personal use only, unless otherwise agreed with Allied Press.
6.6. You must not attempt to provide or require the Mobile Network Provider to transport any event alert message to any person that is not a registered participant.
7. ILLEGAL USE
7.1. Our service may be used only for lawful purposes. Transmission, distribution or storage of any content in violation of any applicable law or regulation is prohibited.
7.2. We reserves the right to restrict or prohibit any and all uses of the service if we determine, in our sole discretion, your use of the service is harmful to our servers, systems, network, reputation, goodwill, participants, or any third party.
8. LIMITATION OF LIABILITY
8.1. We assume no liability for any loss, injury, claim, liability or damage of any kind including loss of business, lost profits, lost data, or failure of security resulting in any way from your use of the services, including without limitation any errors or omissions, any content, any delay or failure of performance, or the unavailability or interruption of service.
8.2. We are not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever, whether or not foreseeable (including, without limitation, lawyers' fees) in any way due to, resulting from, or arising in connection with the services or the failure of a party to perform its obligations, regardless of any party's negligence.
8.3. Termination of the Agreement shall be your sole and exclusive remedy for any and all damages or injury.
8.4. We are not liable for the inadvertent disclosure of or corruption or erasure of data transmitted or received or stored on our system.
9. CONFIDENTIALITY AND USE OF YOUR INFORMATION
9.1. As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate.
9.2. You acknowledge that wilfully providing inaccurate information or wilfully failing to update information promptly will constitute a breach of the Agreement and will be a basis for termination.
9.3. Unless you give permission to do so we will not otherwise disclose your information to any third party unless it is required to maintain your service.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. You must protect our Intellectual Property and related documents at all times from unauthorised access, use or damage.
11. GOVERNING LAW
11.1. The Agreement is governed by, and construed in accordance with, the laws of New Zealand, and the Parties submit to the non-exclusive jurisdiction of the Courts of New Zealand who shall have sole jurisdiction to hear and determine any disputes arising under or in connection with the Agreement.
