AGREEMENT BETWEEN USER AND Clublist

1. TERMS AND CONDITIONS
 
1.1 - Acceptance of terms and conditions:  These terms and conditions cover all users of this website. Any site user, by using this site, unconditionally and irrevocably accepts these terms and conditions.
 
1.2 - Amendment of terms and conditions:  These terms and conditions including the changes associated with the use of the site may be amended in whole or in part, with immediate effect, by notification by ClubList from time to time on the website.
 
1.3 - Terminology:  In these terms and conditions, the following expressions have the meanings set out below:
 
‘advertised service’ means any service advertised by an advertiser on the website;
 
‘advertiser’ means any club or other entity which advertises its products and/or services, or (in the case of a club) its club profile, on this website;
 
‘club’ means a not-for-profit recreational club that has registered its details on this website, and ‘club profile’ means the material information relating to a club’s activities;

'ClubList' means ClubList New Zealand Limited, a duly incorporated company having its registered office in Wellington, New Zealand;

‘party’ means any advertiser or site user and ‘parties’ has a corresponding meaning;
 
‘site user’ means any person who accesses the website and views the listed information and includes an advertiser;
 
‘the service’ and ‘the services’ have the meaning set out in paragraph 2.1;

 

‘the website’ means this website from time to time;

 

‘working day’ means any day (between the hours of 8.00 am and 5.00 pm) other than Saturday or Sunday or a day that is a public holiday in Wellington, New Zealand; and

 

‘you’ and ‘your’ are a reference to you as a advertiser or site user, whichever the case may be.
 
2. SERVICES
 
2.1 The services:  ClubList offers the following services:

 2.2 - At site user’s own risk:  Use of the website and any arrangement between a site user and a club or any transaction between a site user and an advertiser are conducted entirely at the parties’ own risk. You may develop a relationship or transaction(s) with a club or business. ClubList accepts no responsibility or liability for any losses, costs, claims or damages including, but not limited to any resulting from advertisers that provide false or misleading information, or mislead or defraud site users.. ClubList gives no undertakings, representations or warranties or assurances in relation to any information on the website, including any club profile, or items and/or advertised services on the website, including but not limited to representations:

 

(i) about an advertiser’s ownership of any item or quality of any advertised service;

 

(ii) as to the content, safety, description, worthiness, quality, or legality of any item;

 

(iii) as to the accuracy or truth of a club profile or business details, item or advertised service;

 

(iv) that any club profile, item or advertised service will meet your requirements or expectations;

 

(v) that any proposed transaction or relationship between an advertiser and a site user is within the provisions of all statutory acts or regulations for transactions of that type;

 

(vi) about the ability of an advertiser to complete a transaction; or

 

(vii) about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the web site for any purpose.

You are also responsible for keeping your log in details confidential and secure
 
2.3 - Links to third party sites: the web site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of ClubList and ClubList is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ClubList is not responsible for webcasting or any other form of transmission received from any Linked Site. ClubList is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by ClubList of the site or any association with its operators.

 

2.4 - Disclaimer:  To the maximum extent permitted by law and without limiting paragraph 2.2, ClubList disclaims and excludes all express and implied conditions or warranties, including but not limited to any warranties of merchantability, fitness of an item for a particular purpose, and non infringement. Furthermore, you agree (if appropriate and to the extent that you are legally able to) that you are acquiring the services for business use and as such the provisions of the Consumer Guarantees Act 1993 do not apply to the services.
 
2.5 - Liability:  You agree that, to the maximum extent permitted by law, any and all liability and responsibility of ClubList to you in connection with these terms and conditions, or in connection with the services (and the website), any advertiser or club’s act or omissions, or your use of or inability to use, the services (or the website) is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
 
2.6 - Indemnity:  You agree to release, indemnify and keep indemnified ClubList from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities or demands incurred by ClubList to any person as a result of your failure to comply with these terms and conditions.
 
2.7 - Breach:  Without limiting any other rights and remedies available to ClubList, ClubList may decline to register you, or suspend or terminate your status as a site user if you breach these terms and conditions (without needing to give any reason or refund).
 
3. REGISTERING AS AN ADVERTISER
 
3.1 - Registering as an advertiser:  When you apply to register as an advertiser you will complete the application form as provided by ClubList depending on the type of service you wish ClubList to provide. Any application form will not be completed until you confirm that you have read and accept these terms and conditions as part of any agreement between you and ClubList. Once the application form has been completed, it must be submitted using the “Submit” function.
 
3.2 - Accurate information:  When you apply to register as an advertiser you warrant that you have provided complete, accurate and current information which must be relevant only to you. You must maintain and update your information at all times. You must not register as an advertiser under multiple identities or personas. ClubList may (but does not have to) telephone or mail you to verify any information.

 

3.3 - Confirmation of Acceptance:  Your application will be acknowledged by automated email response however your subsequent registration will not be effective until such time as ClubList confirms to you, by further subsequent e-mail, that it has accepted your application (which it may or may not do in its absolute discretion).  ClubList does not need to give any reasons for any decision not to register an applicant.

 

3.4 - Minimum term for pages:  ClubList reserves the right to review club web pages every 12 months to ensure that club’s are still current and operational. Should a club for whatever reason appear to have ceased to be operational ClubList reserves the right after having made due enquiries about the club concerned to remove the club from the web site
 
4. GENERAL TERMS
 
4.1 - Appropriate information:  Upon receipt by ClubList of an application form completed by you, ClubList will, at its sole discretion, evaluate whether the information you provide is relevant to you and appropriate for display on the website having regard to your club profile, advertised service or item (whichever the case may be). ClubList’s receipt of a completed application form does not constitute acceptance by ClubList of your application, nor does it constitute a binding agreement between you and ClubList. ClubList, at its sole discretion, reserves the right to refuse to display (for example, but not limited to) any:
 
(i) information it considers to be offensive (including but not limited to anything defamatory, pornographic, racially or ethnically objectionable);

 

(ii) advertisement for an advertised service or item it considers to be unsafe, illegally imported, stolen or infringes a third party’s intellectual property rights.
 
For clarity and avoidance of doubt, ClubList, at its sole discretion, reserves the right to refuse to display any information on the website that ClubList considers inappropriate for display on the website.

for its services are specified on the relevant application form. By completing the application form you agree to pay the listed fee for the relevant service. ClubList will not display any of your information on the website until payment from you for the service is received in full in cleared funds. Costs may vary from time to time but the only costs you will be responsible are for the services you apply as detailed on your particular application form.

 

4.3 - Payment: All payments to ClubList will be made using PayPal via the ClubList link subject to PayPal requirements and terms and conditions (excluding the dispute resolution process which is not available to ClubList customers). PLEASE NOTE: ClubList does not refund payments.

 

4.4 - Processing time:  Clubs applying for registration will automatically have their contact information updated on the web site however depending upon the services applied for should ClubList accept your application for additional services and conclude an agreement with you ClubList will use its best endeavours to display your club’s full information within ten working days of receiving payment of your account.
 
4.5 - Display of information:  ClubList reserves the right to display your information at any position on the web page, on any page on the website, that ClubList decides at its sole discretion, and to add any advertiser’s name to any search lists or similar facilities or functionality which may be developed in the website from time to time (without getting your permission)..
 
4.6 - External internet links:  You undertake that any external link you provide in the information you submit in your application form is relevant to your club and will enable the site user to use the return function to return directly to the ClubList page that the site user accessed the external link from. ClubList will remove from your web page any external link that does not permit the site user to return to the ClubList site.
 
4.7 - Web page purchased on template only:  ClubList will display your information on a set font and according to a prescribed layout that is a standard template for all advertisers’ web pages. ClubList will display your information on the website according to its absolute discretion.

4.8 ClubList may terminate:  ClubList may in its sole discretion suspend or terminate any agreement with you and your access to the web site and related services or any part thereof at any time, without needing to give notice, with immediate effect, and without giving any refund.
 

 

5. FEES, ACCOUNTS AND ANY FURTHER TERMS
 
5.1 - ClubList’s fees, accounts and any further terms:  ClubList’s fees and accounts are detailed on each particular application form. Any agreement entered into between you and ClubList incorporates these general terms and conditions.
 
6. GENERAL PROVISIONS
 
6.1 - System integrity:  ClubList will use its reasonable endeavours to ensure the availability of the services and website, subject to any downtime required for maintenance, and any unscheduled interruptions, the timings, duration and frequency of which ClubList has no control. However, ClubList takes no responsibility for any system unavailability.
 
6.2 - Intellectual property rights:  ClubList (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website other than, if relevant, any intellectual property in any advertiser’s information provided (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website. You may not, without our prior written permission, in any form or by any means:

 

(i) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

 

(ii) commercialise, copy or on sell any information obtained from any part of this site.

 

If you provide any text, graphics, logos, icons or sound recordings in the information you want displayed on the website that is protected by intellectual property rights you warrant and undertake that you own the proprietary intellectual property rights or you have the license to use these protected intellectual property rights. You further undertake that any licence agreement you have with a third party in regards to any protected intellectual property rights permits you to enter into an agreement with ClubList. You further undertake and warrant to indemnify and hold harmless ClubList from any action by a third party should you breach any intellectual property licence agreement you may have with that third party by engaging ClubList to display any of that third party’s protected intellectual property rights.

 

6.3 - No unlawful or prohibited use: As a condition of your use of the web site you warrant to ClubList that you will not use the web site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the web site in any manner which could damage, disable, overburden, or impair the web site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the web site.

 

6.4 - Use of communication services: The web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example but not as a limitation, you agree that when using a Communication Service you will not:

ClubList has no obligation to monitor the Communication Services however it reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. ClubList reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

ClubList reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or to edit, refuse to post or to remove any information or materials in whole or in part in its sole discretion.

 

ClubList does not control or endorse the content, messages or information found in any Communication Service and therefore disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

6.5  -Privacy:  ClubList may collect and hold personal information about you through your application for and use of the services and the website (including your registration details and information relating to your use of the website and the content you access). You agree that ClubList may use this personal information to assist ClubList:
 
(i) to provide the services to you;

(ii) with its internal research purposes;

(iii) to verify your identity;

(iv) promoting and advertising any other ClubList service to you; and

(v) with any other use that you authorise.
 
Despite your agreement to ClubList’s collection, use and holding of your personal information in this paragraph 6.5, ClubList undertakes that it will not sell or allow third parties to access your personal information without your consent. If you do not provide the personal information requested then ClubList may decline your registration.  You have rights of access to and correction of any such personal information in accordance with the Privacy Act 1993.  ClubList’s contact details appear on the Contact page of the website.

 

By accepting these terms and conditions you also acknowledge and accept ClubList’s Privacy Statement which is set out in full here.

 

6.6 - Materials provided to ClubList or posted to the web site: ClubList does not claim ownership of any materials you provide to it (including feedback and suggestions) or post, upload, input or submit to the web site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you grant ClubList, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of the web site and their Internet businesses including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission. No compensation will be paid by ClubList with respect to your Submission.

 

ClubList is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including without limitation all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

6.7 - No waiver:  If ClubList does not exercise or enforce any right available to it under these conditions, it does not constitute a waiver of those rights.
 
6.8 - Partial invalidity:  If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
 
6.9 - Governing law:  These terms and conditions are governed by the laws of New Zealand. As a site user you submit to the non exclusive jurisdiction of the Courts of New Zealand.
 
7.0 - Entire agreement:  These terms and conditions supercede all previous conditions, understandings, commitments, agreements, and representations whatsoever whether oral or written, and (together with the relevant application form (if accepted by ClubList) constitutes the entire agreement between ClubList and the site user relating to the subject mailer of these terms and conditions.