Terms of Use
Wonder Walkers website
www.wonderwalkers.co.nz (“Website”)
1. General terms
1.1 The website at www.wonderwalkers.co.nz (“Website”) and all information on it, is made available by Woman Walking Limited (registered in New Zealand), trading as ‘Wonder Walkers’ (‘Wonder Walkers’).
1.2 These terms of use govern all access and use of the Website, including access and use by Wonder Walkers members and by non-members.
1.3 In these Terms of Use, ‘you’ means either a member or a non-member, ‘member’ means a Wonder Walkers member and ‘non-member’ means a person who is not a Wonder Walkers member.
1.4 Members’ use of the Website is subject to all of these terms of use and to our privacy policy, when they log on as members. Members who visit the Website without logging on as members, are subject to these terms of use (as updated from time to time) as they apply to non-members. Non-members’ use of the Website is subject to all of these terms of use (except to the extent that the terms of use are specified as being applicable to members only) by visiting the Website and accessing any of the Website Information.
1.5 The terms of use incorporate our privacy policy. Please read our privacy policy in conjunction with these terms of use.
2. Changes to terms of use and privacy policy
2.1 We may revise these terms of use and our privacy policy at any time without notice and the revised version takes effect as soon as it is uploaded to the Website. As such you are responsible for regularly reviewing these terms of use and our privacy policy.
2.2 For non-members, continued use of the Website following any changes to these terms of use or our privacy policy, constitutes acceptance of the revised terms of use or privacy policy as applicable. For members, by logging in as a member on the Website following any changes to our terms of use or privacy policy, you accept such changes.
3. Membership rights of use
3.1 Visitors to the Website are invited to become Wonder Walker members and in doing so have the opportunity to enjoy various member benefits, not available to non-members.
3.2 Wonder Walkers’ members have the right to access parts of the Website restricted to members only and to enter competitions and utilise and take part in other members only benefits as may be available on the Website from time to time (‘Members Benefits’).
3.3 Each Wonder Walkers Member has the right to the Members Benefits provided he or she complies with all of these terms of use. If a member breaches any part of these terms of use, we may cancel that member’s access to the Member Benefits without notice.
4. Use of Website Information
4.1 Subject to clause 4.2, you must not display, sell, reproduce, publish or incorporate in any publication, license, post, transmit or distribute any Website Information in whole or in part, whether for commercial gain or otherwise.
4.2 You may download, view, print and copy documents and graphics from the Website (which are accessible to you as a member or non-member as the case may be) for your own use only. You must not modify or alter or attempt to modify or alter any part of the Website or Website Information.
4.3 Without limiting clauses 9 and 10 in any way:
(a) Wonder Walkers makes no representation or warranty of any kind regarding the Website, the Website Information, or availability of the Website, or that the Website Information will be error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs;
(b) Wonder Walkers will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and Wonder Walkers accepts no liability of any kind for any loss or damage from action taken in reliance on any Website Information.
4.4 Wonder Walkers reserves the right to make changes or updates to the Website and Website Information at any time without notice.
5. Linked Sites
5.1 Without limiting clauses 9 and 10 in any way, while Wonder Walkers uses reasonable endeavours to select websites, or allow websites to be, linked to the Website on the basis that these may be useful to users of the Website, Wonder Walkers cannot and does not give any assurance, and accepts no liability, in respect of those websites or any other website linked to the Website (whether linked directly or via a website that is linked to the Website) (“Third Party Websites”) including without limitation in respect of the following on those Third Party Websites:
(a) the privacy practices;
(b) the content, including (without limitation) any advertising, products, goods or other materials or services.
5.2 These Terms of Use do not apply to Third Party Websites or information available or accessible on such sites; the terms and conditions and privacy policies of Third Party Websites will apply when you visit Third Party Websites or access information on such sites.
5.3 Wonder Walkers reserves the right to prohibit links to the Website and you agree to remove or cease any link at our request. You may not frame any part of the Website material by including advertising or other revenue generating material or otherwise.
6. Forums and material uploaded by members
6.1 The Website may include users’ message boards, forums, or other interactive communication facilities (such facilities collectively referred to here as "Forums").
6.2 Wonder Walkers cannot be responsible, and accepts no responsibility, for reviewing all communications made in the Forums. However, we reserve the right, but accept no obligation, to monitor the Forums and edit, modify or delete any materials which Wonder Walkers in its sole discretion determines to be inappropriate (whether because of a breach of clause 6.5(a)-(g) or otherwise). Wonder Walkers reserves the right to suspend or terminate a member’s access rights to Forums when considered necessary by Wonder Walkers at its discretion.
6.3 The messages that members post in Forums may be used by Wonder Walkers in promotional or other material and we reserve the right to copy or quote them.
6.4 Wonder Walkers does not endorse or accept any communications made in the Forums as its own or representative of its views.
6.5 Each member is solely responsible for the content of any transmissions he or she makes to the Website or any materials he or she adds to the Website (whether text, images, photographs, videos or otherwise), including to any Forum (the "Member–Contributed Material"). Members must not upload to, or distribute to, or otherwise publish through the Forums or otherwise any Member-Contributed Material which:
(a) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(b) is obscene, indecent or pornographic;
(c) constitutes or contains false or misleading information;
(d) defames, disparages, or otherwise violates the legal rights of any third party;
(e) infringes or violates the intellectual property rights, contractual rights, or any other rights of any third party;
(f) violates any applicable laws, rules, or regulations;
(g) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of the Website or of any computer software or hardware or telecommunications equipment.
6.6 By submitting Member-Contributed Material to Wonder Walkers or to the Website, you grant to Wonder Walkers a royalty-free, non-exclusive right to publish and use that material on the website, and in other marketing material or in any promotional or other products produced by or on behalf of Wonder Walkers and distributed by Wonder Walkers, whether free of charge or not. Wonders Walkers may (but is not obliged to), accredit the Member-Contributed Material to the relevant member wherever it is used, unless expressly requested not to do so in writing by the member.
6.7 Nothing in these terms of use transfers or assigns to Wonder Walkers any copyright in the Member-Contributed Material.
7. Privacy
7.1 Any personal information provided to Wonder Walkers by members or non-members, whether it is provided via the Website or otherwise, will be treated in accordance with Wonder Walkers’ privacy policy which is available on the Website.
8. Intellectual Property
8.1 All copyright, trademarks and all other intellectual property rights (“Intellectual Property”) in the Website and, subject to clause 8.3 all Website Information, is and will remain Wonder Walkers’ property or the property of Wonder Walkers’ licensors. You are permitted to use the Website and Website Information only as expressly authorised in these Terms of Use.
8.2 To the extent that you own the Intellectual Property in any text, image, photograph, video or other material (“Material”) immediately prior to submitting or otherwise making that Material available to the Website, you hereby assign that Intellectual Property to Wonder Walkers.
8.3 The Website Information includes publicly available information (“Public Information”). Wonder Walkers does not own the Intellectual Property in the Public Information; the Public Information is owned by various third parties and nothing in these terms and conditions operates to change this.
8.4 Nothing contained on the Website or in these Terms of Use should be construed as granting to you any licence or right to use any trademark displayed on the Website without the prior written permission of Wonder Walkers or the third party that owns the trademark. Any misuse of the trademarks displayed on the Website is strictly prohibited.
9. Disclaimer
9.1 All Website Information and products and services provided on the Website, are provided on an "as is" basis and, to the extent permitted by law, without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
9.2 Wonder Walkers makes no warranty that the Website will meet your requirements; will be available on an uninterrupted, timely, secure, or error-free basis; that defects will be corrected; that this Website is free of viruses or other harmful components; or the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations.
9.3 Without limiting the foregoing, Wonder Walkers accepts no responsibility and excludes all liability for the Public Information.
9.4 Any Website Information obtained through the use of the Website is obtained at your own discretion and risk. Wonder Walkers shall have no responsibility for any damage to your computer system or loss of data that results from the download of any Website Information or otherwise from your use of the Website.
10. Limitation of liability
10.1 In no event shall Wonder Walkers be liable for any direct, indirect, incidental, special or consequential damages or damages whatsoever resulting from loss of profits, revenue, data or use, incurred by you or any third party, whether in contract, tort (including in each case negligence), arising from your access to, or use of, the Website or any Website Information including without limitation the Public Information.
10.2 In the event that the exclusions of liability in these terms and conditions are unenforceable, Wonder Walkers limits its liability to direct loss only and to a maximum of NZD1,000.
11. Indemnity
11.1 As a condition of use of this Website, you, the user of the Website, agree to indemnify Wonder Walkers, and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
12. General
12.1 Wonder Walkers reserves the right to assign the benefit of the whole or part of any of its rights under these terms and conditions to any third party.
12.2 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
12.3 No delay or failure by Wonder Walkers to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
13. Governing law
13.1 These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you and Wonder Walkers Limited submit to the non-exclusive jurisdiction of the courts of New Zealand.
Contact. If you have any questions regarding these Terms of Use, please contact us.
© Woman Walking Limited 2007