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Terms and Conditions
The Eldernet Group's Websites Terms and Conditions
These terms and conditions are the contract between you and us. By using our website, you agree to be bound by them. Please read this carefully. If you do not agree with it, you should leave our website immediately and not use it in the future.
- How you use the information you find is your responsibility. The information applies in the New Zealand context only.
- We give you certain permissions when you use our website including if you choose, the ability to register and access your own dashboard area. These permissions come with responsibilities.
- We expect you to be the best version of yourself when using our website. Remember this especially when posting.
- Please respect our website. A lot of work has gone into making it the valuable service it is. We will take legal action against you if you interfere with it or take any of our stuff.
- While no one can ever guarantee the security of information on the internet we want to let you know we take security seriously. We therefore employ the highest degree of security protection for our website. Our website is on the AWS platform and is backed up regularly.
- We want to deliver the best possible service to you. This includes respecting your privacy and information, being clear with you about what we do with the information you give us.
- While we strenuously work to provide the highest quality service there are limitations to what we can be responsible for such as: information accuracy at all times, service disruption, other users poor behaviour.
- You acknowledge that there are risks in the internet environment. Our Disclaimer explains that in using our website you do so at your own risk.
The following briefly explains what we expect of you and what you can expect of us. (If you are usure about what words or terms mean then read Section 1 ‘Definitions’.) Scroll past this section to read the full Terms and Conditions.
- "Agency user" means those who have been given authorised access to sections of our website enabling them, amongst other things, to communicate with identified members of their community.
- "Content" is anything you encounter on our website including our database.
- "Intellectual Property" is anything we have invented, designed, created, and otherwise thought of, in relation to our business, website and our associated activities.
- "Post" means to place into our website any content or material of any sort by any means.
- "Subscriber" means those who generally pay a fee to post information in their own dedicated section of the database. We are not responsible or liable for anything they post.
- "we", "our", "Eldernet Ltd" means Eldernet Limited is a company registered in New Zealand, number 867140. ELDERNET® is the registered trademark of Eldernet Limited.
- "website" means all websites and domain names we own, including www.eldernet.co.nz.
- "you" and "your" means the person using our services or visiting our website.
- Our website contains large amounts of data entered by our subscribers (mostly service providers entering data about their service/s) and other third parties (often commentators from the older person's sector or those working in the sector). Our website allows them to communicate directly with you in their own words.
- We also create links to other websites that we think may be of interest to you. We cannot and do not guarantee their suitability for you or the accuracy of their information. You acknowledge that you enter any third-party websites at your own risk.
- We do not own, operate, recommend, or endorse any of the services listed in our directory. We are purely an independent information service.
- We and you are bound by applicable New Zealand law in relation to access and use of our website.
Disclaimer - You are responsible for how you use the information on our website.
You agree that you will not rely solely on the information from our website to make any important decisions. You will obtain the appropriate specialised or professional advice where relevant.
By registering to use, or using our website, you represent and warrant that:
- you have the right, authority and capacity to enter into these Terms and Conditions and you commit to abide by all of these Terms and Conditions; and
- you have provided accurate and current personal information and other user account details when registering with us.
Information applies to New Zealand
Our website is controlled, operated, and administered by Eldernet Ltd from its office in New Zealand. We make no representation that information on our website is appropriate or available for use outside of New Zealand. Access to the website from other jurisdictions may be illegal and/or prohibited. If you access our website from outside of New Zealand, you are responsible for compliance with all your local laws. These Terms and Conditions shall be governed by the laws of New Zealand and the Courts of New Zealand.
Limited License and responsibilities
Subject to the full Terms and Conditions, Eldernet Ltd grants you a non-exclusive, non-transferable, limited right to access, use, and display our website.
As a condition of use of our website you will:
- make sure all information you supply to us is accurate.
- keep any username and password you have for our website private and confidential.
- not compromise our website in any way.
- not use other people's property or information and claim it as your own.
We do not undertake to moderate or check every item posted, but reserve the right to do so, at our sole discretion.
- You agree that you will comply with all applicable New Zealand law (Privacy Act 2020, Fair Trading Act 1986, etc.)
- You will not use or undertake any activity which is or may: contain objectionable language, or any expressions of hatred, racism, or anti-religious remarks, be abusive, defamatory or harassing or disruptive in any way.
- You will not misrepresent yourself or any service.
- You also accept all risk and responsibility for determining whether any content including your own, is in the public domain and not confidential.
Posting a review about a service
Specific Terms and Conditions apply to this section of our website and will be displayed if you choose to review a service.
Intellectual Property and Reproduction
- Our Intellectual Property is our own and we have all rights relating to it.
- If you wish to use, reproduce, modify, or benefit from material on our website, including using our logos or designs, you must contact us and get our permission to do so.
- You may however print any material from the site for your own personal non-commercial use or on behalf of a third person who cannot use the internet.
- You agree not to do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
The security of our website
You agree that you will not:
- mess with or copy our website's code or cause damage to any portion of it, or any software used within it, or in any way compromise its integrity or security.
- link to our website in any way that could be misleading to the internet user.
- download any part of our website, or access the software without our express written consent.
- collect, or use any product or service listings, descriptions, or prices.
- generally, disrupt activity online.
You acknowledge that there are inherent risks to transferring any information over the internet, while we take reasonable steps to maintain secure Internet connections, if you provide us with information over the Internet, the provision of that information is at your own risk.
If you post information on our website you acknowledge and agree that the information you post may be publicly available.
- Should we discover an issue of concern or receive a complaint regarding you or your service, we will notify you to inform you of this and discuss the possible remedies. While our aim is to discuss this in good faith, our decision is final regarding the resolution.
- We will notify any complainant of the outcome of their complaint.
Our compliance with the Privacy Act 2020 and how you can protect yourself
- Any personal information we gather about you or from you, including email addresses and phone number, will be kept confidential to us as far as this is possible in the current digital environment.
- You authorise us to publish feedback and comments about you and or your service through the moderated Reviews section on our website, even though it may be critical.
- Please notify us of any security breach or unauthorised use of your account.
- We do not hold or retain any credit card details.
Use of your data
- You own your own content and are responsible for it. However, by posting information on our website you give us irrevocable permission to use, format, distribute, publish or otherwise use that information as we see fit, for the purpose of displaying it on our websites.
- We gather data for statistical and reporting purposes such as for the services and reports we provide to our residential care contract partners and other partners not yet identified.
- Any data we gather for our commercial purposes is aggregated and anonymised.
- We do not make any attempt to find out identities of those using our websites.
Interruption to Services
- You acknowledge that our services may be interrupted for reasons beyond our control.
- Certain services provided through our website may be unavailable from time to time to allow for maintenance or other development activity to take place. We will use reasonable efforts to advise you in advance of any such interruption or unavailability.
- You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
- We may change these Terms and Conditions at any time by changing or removing existing terms or adding new ones. We will send you an email prompting you to accept changes.
- We may terminate, change, suspend or discontinue any aspect of our website, including the availability of any features of the website, at any time.
- We may also impose limits on certain features and services or restrict your access to parts of or all of our website. This will generally be done after consulting you.
Limitations of Damages
To the maximum extent permitted by law neither Eldernet Ltd nor any of its subsidiaries shall be liable to you or to any other person for any direct, indirect, special, consequential or other damages (including, without limitation, any loss of profits, business interruption, loss of information or programmes or other data on your information handling system) that is related to your use of, or the inability to use, the content, information, and functions of our website or any linked website or your reliance on any information, advice, opinion, representation or omission, whether negligent or otherwise, contained on our website, even if Eldernet Ltd is expressly advised of the possibility of such damages.
This clause also applies to our directors, shareholders, officers, employees, subcontractors, agents, and affiliated companies.
You agree that your use of our website is at your own risk. We make no warranty nor representation that our website will:
- meet your requirements or be suitable or fit for any particular purpose, including that the use of our website will fulfil or meet any statutory role, responsibility or obligation imposed on you; or
- be secure, free of viruses or other harmful code, uninterrupted or error free.
You acknowledge that the services available through our website are provided over the Internet. We do not accept any responsibility for any inability to use our website, or any services available through our website, that arises from an issue between you and your network or communication provider.
To the maximum extent permitted by law, our warranties are limited to those set out in these Terms and Conditions, and all other conditions, guarantees or warranties whether express or implied by statute or otherwise (including any warranty under the Contract and Commercial Law Act 2017) are expressly excluded.
- Waiver: Our failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of that right or provision.
- Severability: If any part or provision of these Terms and Conditions is or becomes illegal, unenforceable, or invalid, the part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms and Conditions and the remaining terms are binding.
- Force majeure: We are not liable to you for any failure to provide our website or to otherwise perform our obligations under these Terms and Conditions to the extent the failure is caused by something beyond our reasonable control.