Terms of Use

Introduction

This website (Site) is provided by ChristchurchNZ Ltd (CNZ). References to 'we', 'us' and 'our' refer to CNZ. This Site provides access to, and use of, digital Assets (defined below) by registered users for the authorised purposes stated on this Site only.

These terms of use (Terms) apply to the use of this Site and each of its pages, including any Assets you access, download or share from this Site. By accessing or using the Site, you agree to be bound by these Terms.

CNZ may revise these Terms at any time. Changes will be effective immediately when we post the updated Terms on the Site. You are responsible for ensuring that you are familiar with the latest Terms. By continuing to use the Site or the Assets, you agree to be bound by the Terms as amended (whether or not you have reviewed any amendments).

If you don’t agree to these Terms, you are not authorised to access and use the Site or the Assets and must immediately cease doing so.

Definitions

• Asset(s) - means the digital files (including images, videos and/or other resources) stored in the Brandkit Platform and made available on this Site.
• Brandkit - means E-see International Ltd, the provider of the Brandkit Platform.
• Brandkit Platform - means the Brandkit software, storage service, designs, processes, intellectual property and multiple public-facing web portals (such as this Site), operated by Brandkit.

Privacy

Where you provide us with personal information when accessing or using this Site, our privacy policy will apply to that information. Accordingly, these Terms of use must be read together with our privacy policy.

Your use of this Site

You agree not to use this Site for any purpose that is unlawful or to engage in any conduct that infringes our rights, the rights of anyone else, restricts or inhibits their use and enjoyment of the Site, or may impair or cause damage to the operation of this Site whether by way of a virus, corrupted file, or through any other means.

Furthermore you agree not to alter, modify, reproduce, or otherwise deal with the Assets and/or any other content, software, text, graphics, layout or design of this Site except in accordance with these Terms.

Your account

In order to access certain information, features, services and the Assets offered on this Site, you must create an account. To create your account, you must (among other things) complete your account registration details in the manner described on this Site (including providing your email address and a password, which we will use to verify your identity when you use this Site). You must ensure that your account registration details are complete and accurate when submitted to us, and that your account registration details are kept up-to-date. We may at our discretion (at any time and without notice to you) suspend or terminate your account, your ability to use all or part of this Site, or your ability to use any information, features, services or Assets available through this Site.

Your email address and password

Your account registration details (including your email address password) are personal to you. You must always maintain the confidentiality of your password and not disclose it to any third party. You agree that you are solely responsible for any use of this Site by any person using your email address and password and you agree to indemnify us against any claims or liability arising out of your failure to maintain the confidentiality of your email address or password. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

We will not be liable for any loss or harm that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

Licence Terms

Provided that you comply with the following terms, CNZ grants you, and only you, a licence to use the Assets on a revocable, royalty free, non-exclusive, non-sub-licensable and non-transferable basis (Licence), subject to the following conditions:

• You may only use the Assets for the purpose of promoting Christchurch as a destination to visit, live, work, study and do business, and you will use the Assets in a manner that supports and enhances the reputation of Christchurch;
• The Assets cannot be used for any activities involving payment, agreed payments, paid marketing, media, advertising, or publications where the Asset is featured (collectively referred to as Paid Activity), unless explicitly allowed on the Asset details page of the Toolkit;
• You may not sub-licence of any of the rights included in this Licence without our prior written consent.
• CNZ reserves all rights in relation to the Assets that are not expressly granted to you under this Licence, whether known now or created later, and whether known or not at the time the Licence is granted.
• We may require you to cease all use of any Asset if we believe that your use of such Asset infringes the intellectual property rights of any third party or breaches any applicable law or regulation. In this instance, we may terminate the Licence immediately by written notice.
• The Licence granted shall terminate at the end of any specified term accompanying the Asset or as stated on the Asset's webpage, unless terminated earlier by CNZ.
• If the Licence is due to expire, and you wish to continue using an Asset, contact CNZ at brand@christchurchnz.com to request to extend the Licence.

Use of Assets

You will acknowledge the author and copyright owner of the Asset when using the Asset if required to do so by the specific licence terms of that Asset, or if asked to by CNZ.

All use of Assets must also comply with any additional licence terms of that particular Asset (if any), as specified on that Asset's webpage.

The Assets must NOT be used in a way that damage, or may damage, the reputation of Ōtatutahi Christchurch or CNZ.

No modification to Assets

You agree to not use or otherwise deal with the Assets except as outlined in these Terms unless you have obtained CNZ’s prior written consent. For the avoidance of doubt, you agree that:

1. you will not edit, re-size or modify the Assets in any way unless you have obtained CNZ’s prior written consent;
2. you will not use or otherwise deal with the Assets in an edited or modified form unless you have obtained CNZ’s prior written consent; and
3. you will contact CNZ each time you want to use or deal with the Assets in a way that is not permitted by the Site or the Licence.

CNZ retains the right to use the Assets in any manner, at any time and in any part of the world for any purpose (including without limitation licensing other parties to use and reproduce the Assets).

Other restrictions

You agree that you will not use the Assets in a way that:

1. violates any laws or regulations in any applicable jurisdiction;
2. infringes any copyright, trade name, trade mark or any other intellectual property right;
3. is considered by CNZ (at its sole discretion) to be pornographic, obscene, inflammatory, or defamatory in nature, or would be such under any applicable law, or that has the potential to incite hate;
4. allows third parties to download, extract or otherwise access the Assets as a stand-alone file; or
5. is intended to promote, endorse, or enhance any political party or organisation.

Identifiable person or property

Where Assets feature an identifiable person or property, you must not use the Assets:

1. in a way that suggests or implies that a person in an Asset is personally endorsing a product, service, idea, opinion, or site;
2. to depict or illustrate unflattering situations, or where the use of an Asset would be unduly controversial to a reasonable person; or
3. in connection with a potentially sensitive subject matter, including but not limited to actual or implied sexual activity, substance abuse and recovery, sexually transmitted infections, mental health concerns and disorders, abuse, abortion, promotion of tobacco use, recreational drug use, or any implication that a model engages in an activity that is illegal.

Model and other releases

There are no warranties whatsoever as to the existence of any model, property or other releases associated with the Assets.

CNZ will endeavour to obtain consent from any identifiable individuals who feature in any way in an Asset. Notwithstanding this, you acknowledge that CNZ may be unable to identify or obtain permissions from every individual appearing in any Asset provided and/or downloaded via the Toolkit. Accordingly, you acknowledge that CNZ is not responsible for obtaining permissions from every individual appearing in any Asset provided and/or downloaded via the Toolkit and makes no warranty in respect of any individual appearing in it.

There are no warranties whatsoever as to the use of names, trade marks, logos, uniforms, registered or unregistered designs, artistic works or other material depicted in any Asset which may be subject to intellectual property rights or other restrictions.

There is no warranty in the accuracy of the captioning, keywording or any other information associated with the Assets. You must satisfy yourself that all such information is correct.

User content

This Site may from time to time enable you and other users to submit content and other user-supplied content (‘user content’). You must ensure that you have all necessary rights (including appropriate licences) to submit or supply any user content to this Site.

By creating, modifying, transmitting, uploading, or submitting any user content, you:

1. grant us a non-exclusive, royalty-free, worldwide, perpetual and irrevocable licence to publicly display and make the user content available (by any means and through any media now known or hereafter developed) to other users of this Site and other users of our services in such manner as we (CNZ) may permit from time to time; and
2. acknowledge and agree that no royalties or other remuneration will be paid or is payable to you for your user content, or for the granting of the rights described above.

You are solely responsible for the user content that you make available through the Site. You represent and warrant that any user content you make available:

1. does not infringe any copyright, privacy, or any other right of any third party; and
2. does not contain any matter that is defamatory, offensive, unlawful or that may damage the reputation of CNZ, Brandkit or the owners or creators of any of the Assets.

We have no obligation to you to make this Site or any user content or Assets available. CNZ or Brandkit may in its absolute discretion, remove any user content or Assets at any time. We may at any time edit, refuse to display, or remove any part of this Site (including your user content) as we deem appropriate.

Intellectual Property

The materials displayed on this Site are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. Unless otherwise stated, copyright and other intellectual property rights in all material published or available on this Site, including the text, graphics, illustrations, artwork, video, music, logos, icons, sound recordings, layout, designs, source code, computer programs and software, audio, visual elements and the Assets shall belong to us or to our licensors (together, ‘our intellectual property’).

Except as expressly permitted by the above Licence or the specific licence terms of any Asset, or with our prior written permission, you may not in any form or by any means:

1. use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate, transmit, or otherwise deal with our intellectual property in any way; or
2. commercialise any information, products or services obtained from any part of this Site.

The software which operates this Site is proprietary software and you are not permitted to use it except as expressly allowed under these Terms. Any other use or purported licensing, modification, enhancement, or interference is strictly prohibited.

Logos

The logo for Ōtautahi Christchurch appearing on this Site is our intellectual property. When reproducing the logo you must follow the guidelines provided. CNZ retains the right to refuse future usage of the logo.

Feedback and unsolicited submissions

If you give us feedback about this Site, our services or the Assets, we may use that feedback for the purpose of improving our Site, our services or the Assets (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation. If you do send us unsolicited ideas:

1. they will be treated as ‘user content’ in accordance with these terms of use;
2. they will be deemed to be non-confidential; and
3. we will not be required to provide any acknowledgement of their source.

Consent to commercial electronic messages

By ticking yes to receiving updates, marketing information and other promotional emails from us, and/or by subscribing to our newsletter, you consent to receiving commercial electronic messages marketing goods, services, promotions offered by us, and other information of related interest. You may unsubscribe at any time to receiving such messages by following the unsubscribe process specified in any such electronic message that you receive.

Disclaimers

While we endeavour to ensure that the information available through this Site and the content of this Site is free from errors, we do not give any warranty or other assurance as to the content or accuracy of material available on or through this Site, or its operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.

To the maximum extent permitted by law, and subject to any agreement we have with you that provides to the contrary, we provide this Site and all Assets, material, information, and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose. You acknowledge that if you rely on this Site, any Assets or other material available through this Site, you do so solely at your own risk.

The views expressed by any third party material, the Assets or user content on this Site are not necessarily the views of CNZ or Brandkit, and we expressly disclaim all responsibility for any third party material or user content on or available through this Site.

These Terms shall not limit or restrict any right you may have under New Zealand law, including the Consumer Guarantees Act 1993, if it is applicable. However, if you are using any of our services for business purposes, you agree that to the maximum extent permitted by law no guarantees and remedies provided under the Consumer Guarantees Act 1993 shall apply to those services.

If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

Liability and indemnity

To the maximum extent permitted by law, neither CNZ, Brandkit or our suppliers will, under any circumstances, be responsible or liable (in tort, contract or otherwise) for any loss or damage (direct or otherwise) in connection with these Terms, the Site, the Assets, any linked website or your access and use of it (or inability to access or use), or reliance on content contained on or accessed through the Site or any linked website. To the maximum extent permitted by law, this exclusion applies regardless of whether our or these parties' liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.

To the extent this liability cannot be excluded but can be limited, the maximum aggregate liability to you for all damages, costs, and expense (will not exceed the amount of one New Zealand dollar (NZD$1.00).

You agree to indemnify, defend, and hold harmless each of CNZ and Brandkit and its officers, directors, shareholders, employees, consultants, licensors, agents, and related bodies corporate to the fullest extent permissible by law from and against any and all losses, liabilities, claims, demands, damages, proceedings and expenses whatsoever (including legal or other costs associated with the enforcement or realisation of this indemnity) as suffered or incurred by us or these parties arising directly or indirectly out of any breach of or non-fulfilment of any of your obligations under these Terms or arising out of or in any way related to your use of or reliance on the Site or the Assets, or from your violation of any applicable law.

Availability

Your use of this Site and any associated services may sometimes be subject to interruption, unavailability, restriction, or delay. Due to the nature of the Internet and electronic communications, we (and our service providers) do not make any warranty that this Site or any associated services will be error free, without interruption or delay, or free from defects. We will not be liable to you should this Site or the services supplied through this Site become unavailable, interrupted, restricted or delayed for any reason.

Hyperlinks

This Site may contain hyperlinks to third party websites ("external hyperlinks"). External hyperlinks are provided for your convenience only and may not remain current or be maintained. We make no endorsement of, and accept no responsibility for, any content accessible through any external hyperlink. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party. You are responsible for complying with any terms and conditions imposed by third party websites.

Malicious code

Although we endeavour to prevent the introduction of viruses or other malicious code to this Site, we do not guarantee or warrant that this Site, or any material available on or through it, does not contain viruses or malicious code. We will not be liable for any damages or harm caused by or attributable to viruses or malicious code. You are responsible for ensuring that the processes that you employ for accessing this Site does not expose your computer system to such risk, interference, damage or harm.

Security

Although we endeavour to protect the security of your information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this Site and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this Site or any external hyperlink.

Changes

We reserve the right to add to, modify, suspend, or remove this Site or any information, feature, specification, or other part of this Site (at any time and without notice to you). We reserve the right to change these Terms from time to time. You should review these Terms periodically against the Asset you have downloaded. By continuing to access or use this Site following such publication you agree to be bound by the updated Terms.

Assignment

In the event of a change in ownership of all or a portion of the Site, your user information may be transferred to the new owner, so that the Site can continue operations. In this event, your personal information would remain subject to the privacy provisions in our privacy policy.

Applicable laws

This Site is controlled and operated by us, from offices within New Zealand. Details contained on this Site have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information available from this Site is appropriate in other countries. If you choose to access this Site from outside New Zealand you are responsible for compliance with applicable local law.

Governing law

These Terms (and any contracts between you and us which arise through your use of this Site) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms (and any contracts between you and us which arise through your use of this Site).

These Terms of Use were last updated on 16th October 2023.