Terms and Conditions

These terms and conditions are intended to keep the NZMS Alumni site a safe place for our visitors and members.

1. Acceptance of terms and conditions:The terms and conditions are the terms on which the NZMS Alumni offers you access to the services and the website. By registering as a member of this site you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.

By registering on this site, you have agreed to receive the regular NZMS Alumni newsletter & event emails. If you do not wish to receive these emails, please reply to them with unsubscribe in the header. The newsletter is sent (approximately) quarterly and generally there will be no more than two separate email announcements in any month also.

PLEASE NOTE: The NZMS and the NZMS Alumni website accept no liability for any actions taken by visitors or members from any advertising that they receive, view and act on. The NZMS Alumni DOES NOT endorse any of the advertising material featured on the site or in any emails that are sent by the website.

From time to time, when new features are added to the website, we will notify all registered members of these new features. By being a registered member of the NZMS Alumni website, you are agreeing to receive an email when there is a major feature announcement. Your information will never be made available to any third party, unless in specific circumstances where you expressly agree to those conditions.

The NZMS Alumni accepts no responsibility for decisions made as a result of using the information provided on this website and also is not recommending any one product over another. The NZMS does not necessarily agree with the views expressed on the website, particularly in any discussion groups, comments or articles posted by users, visitors to and members of the website. Any use of the site is at your own risk and is provided free as a community website.

Any use of the site that is deemed to be offensive can be reported immediately through the Contact Us feedback channel available site wide. Any misuse of the site will result in immediate deletion of membership and also deletion of any comments, discussions and articles submitted by any user who is offensive or who is deemed offensive by the NZMS Alumni website administrators The NZMS Alumni reserves the right to delete any user at any time for any reason, including all their submissions to and on the website.

2. Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by the NZMS Alumni from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site or on new terms being accepted. You are responsible for ensuring you are familiar with the latest terms and conditions and are deemed to have read the latest version of the terms and conditions from time to time Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.

3. Terminology: In these terms and conditions, the following expressions have the meanings set out:
“Advertiser” means any party who advertises for sale and goods or services on the site and may include an individual or a corporate entity. A Member may also be an Advertiser.
“Member” means a registered member of the NZ Alumni website. An Advertiser may also be a Member.
“Services” means any one or more of the offered by the NZMS Alumni from time to time, including classifieds, message boards, and any other service that the NZMS Alumni may offer.
“Site” means the website known as “nzms alumni” or any website containing the letters
“Webpage” means the home page in the website..
“we” , “us” and “our” are a reference to the NZMS Alumni.
“you” and “your” are a reference to you.

4.1 The Services: The NZMS Alumni provides a venue to introduce advertisers who want to advertise for sale certain products or services to Members or for Members to search for certain specific goods and services offered by NZMS AlumniFs Advertisers or other Members.
The NZMS Alumni does not take any part in the sale of services or items other than by providing our website as a venue for Members. We do not act as agent for either party and do not participate in any transaction between you and other Members.

4.2 At Your Own Risk: Transactions and all other contact between you and other Members are conducted entirely at your own risk. You agree that the NZMS Alumni takes no responsibility or liability for any misconduct of any of its Members including, without limitation, Members that have registered under false pretences or who attempt to defraud you. The NZMS Alumni gives no undertakings, representations, or warranties in relation to products or services sold or listed on the website, including:
a. as to the accuracy or truth of listings;
b. as to the identity of any of the Advertisers or Members; or
c. that any product or service listed will meet your requirements or expectations; or
d. about the ability of Members to complete a transaction.

4.3 Disclaimer: You expressly understand and agree that:
a. your use of the services is at your sole risk. The website and services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, the NZMS Alumni disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
b. The NZMS Alumni does not warrant that:-
i) the services provided will be uninterrupted, timely, secure, or error free, or
ii) that any information provided on the website is error-free or reliable;
c. No advice or information that is obtained by you from the NZMS Alumni or anyone else shall create any warranty by the NZMS Alumni that is not expressly stated in the terms and conditions; and
d. responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute the NZMS Alumni’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

4.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of the NZMS Alumni to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website, another Member’s acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. The NZMS Alumni’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

4.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction, your use of the NZMS Alumni’s message boards, your purchase and/or use of any product or service provided by any Advertiser or other Member.

4.6 Breach: Without limiting any other rights and remedies available to the NZMS Alumni, the NZMS Alumni may limit your activities on the website, warn other Members of your actions, issue a warning to you, suspend or terminate your Membership, or refuse to provide our services to you if you breach these terms and conditions or where the NZMS Alumni considers it appropriate.

5. BECOMING A MEMBER

5.1 Becoming a Member:
Becoming a member is free. You may only register as a member if you can form a legally binding contract that is enforceable against you. By registering as a member, you warrant that you can form a legally binding contract.

5.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. It is recommended that you should maintain and update your personal information held by the NZMS Alumni to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). The NZMS Alumni administrator may telephone or mail you to verify these details.

5.3 Termination of Membership:
The NZMS Alumni reserves the right to decline to register or to terminate your Membership without entering into further discussions with you. Without limiting the foregoing, the NZMS alumni may terminate your Membership if a serious complaint or multiple complaints are received about you from other Members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

5.4 Security of your login information:
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
a. not to permit any other person to use your user name or Membership; and
b. not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your Membership.

5.5 Members only section:
The website has been developed for all students who attended the New Zealand Maritime School. You are welcome to register on the site to find your former friends, classmates and colleagues. You will be required to select a password to preserve the security of the site and your access and involvement with the website. NB: At the conclusion of using the members section, if you are using a public computer, please log out, using the link shown on the page. This is important to preserve the security of the website..

6. GENERAL RULES

6.1 General: (a) All advertising, listings or other communications made through the NZMS Alumni website shall be made in good faith.
(b) You must not attempt to damage, interfere or harm the website or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.
(c) You listed prices or costs must be in New Zealand dollars and include GST in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
(d) The NZMS Alumni Memberships are not transferable and therefore can not be sold or traded.
(g) The guarantees contained in The Consumer Guarantees Act 1993 are excluded where an Advertiser acquires, or holds himself out as acquiring, goods or services from us for the purpose of a business.

6.2 Rules relating to Advertisers:
In accepting any material including electronic material or data for publication, and in publishing it we are doing so in consideration of and relying on the Advertiser’s express warranty, the truth of which is essential:
6.2.1 That the material does not contain anything:
(a) that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986.
(b) that is defamatory or indecent or which otherwise offends against generally accepted community standards.
(c) that infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights.
(d) that breaches any right of privacy or confidentiality
(e) that breaches any provision of any statute, regulation, by-law or other rule or law, and
6.2.2 That the material complies in every way with the Advertising Codes of Practice issued by the Advertising Standards Authority Inc. (“ASA”) and with every other code or industry standard relating to advertising in New Zealand, and
6.2.3 Publication of the material will not give rise to any liability on our part or in a claim being made against us in New Zealand or elsewhere.
6.2.4 The Advertiser agrees to indemnify us against all losses or costs arising directly or indirectly from publication of the material, and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.
6.2.5 We may refuse to publish, or withdraw material from publication without having to give a reason.
6.2.6 We may publish the material at a time different from that originally booked if there is an error or delay in publication of the material as booked.
6.2.7 We may correct or amend material to conform to style or for other genuine reason as long as we do so using reasonable care.
6.2.8 The positioning or placing of any material within the electronic database is at our discretion except where specifically agreed in writing.
6.2.9 We may take orders for advertising material in specific spaces (space orders). The space may be used only by the Advertiser for advertising of the Advertiser’s usual business and may not be transferred by the Advertiser to another person.
6.2.10 Any late delivery of creative material resulting in the delay of a campaign is the responsibility of the Advertiser. The campaign will be deemed for invoicing purposes to have begun on the original start date specified in the booking.
6.2.11 The Advertiser must tell us as soon as possible if there is an error or omission in any material the Advertiser has placed.
6.2.12 Advertising placed by Advertisers who are not New Zealand residents will be exempt for GST purposes. GST will be applied at the standard rate to advertising placed by non-resident agents acting for New Zealand resident principals. Where we cannot ascertain the tax residency status for you, we may charge GST.
6.2.13 The guarantees contained in The Consumer Guarantees Act 1993 are excluded where the Advertiser acquires, or holds himself out as acquiring, goods or services from us for the purpose of a business.
6.2.14 We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission in material published, or for failure to publish, whatever the reason for the error. If we are found to have any direct liability to our customer in any circumstance that liability is limited to the cost of the advertising space for the relevant material in the website.

7 . Prohibited advertisements and phrases

7.1 The following advertisements are prohibited:
a) Pyramid or other commission jobs which do not involve the sale of a legitimate product.
b) Jobs which do not provide full details of the product or service involved.
c) Jobs which promote gambling, gambling websites, or gaming activities that breach the Gaming and Lotteries Act
d) Jobs involving activities, products or services which maybe considered offensive or illegal
e) Advertisements that imply that the advertiser intends to unlawfully discriminate are prohibited by the Human Rights Act 1993. Discrimination may be unlawful it is based on any of the following grounds:
– Sex, including pregnancy
– Marital status
– Religious beliefs
– Ethical beliefs
– Colour
– Race
– Ethnic or national origins
– Disability
– Age
– Political opinion
– Employment status
– Family status
– Sexual orientation

7.2 The following terms are prohibited from advertisements:
– ‘Single applicants only’
– ‘Married man required’
– ‘Unmarried mother’
– ‘De facto couples only’
– ‘No gays’
– ‘No queers’
– ‘Straights only’
– ‘No Maoris’
– ‘New Zealanders only’
– The use of: ‘he, she, male, female, girl, boy, woman, man’
– No children

7.3 An advertisement cannot ask for ‘ New Zealand citizenship’: It can however ask for an ‘authority to work in New Zealand’.

8 GENERAL PROVISIONS

8.1 System Integrity: The NZMS Alumni will use its reasonable endeavours to ensure the availability of the website and services, subject to any downtime required for maintenance. However, the NZMS Alumni takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, the NZMS Alumni assumes no responsibility for the corruption of any data or information held by the NZMS Alumni.

8.2 Resolution of disputes: As the NZMS Alumni is not a party to any transaction between you and another member, you agree not to involve, or attempt to involve, the NZMS Alumni in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.

8.3 Force Majeure: The NZMS Alumni has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of the NZMS Alumni to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of the NZMS Alumni.

8.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

8.5 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.

8.6 Governing Law: These terms and conditions are governed by the laws of New Zealand . You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

8.7 Intellectual Property Rights:
The NZMS Alumni owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:
a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
b. Commercialise, copy, or on-sell any information, or items obtained from any part of this website.

8.8 Entire agreement:
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

8.9 Specific Agreement will prevail
Where an Advertiser has entered into an agreement with the NZMS Alumni (“Specific Agreement”) then any conflicting provisions of that Specific Agreement shall prevail over this Agreement, except where particular matters are not dealt with in the Specific Agreement and in that case, this Agreement shall prevail.

8.10 Privacy:
The NZMS Alumni collects personal information about you through your 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 the NZMS Alumni may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other NZMS Alumni products and services to you, and for any other use that you authorise.

We will not sell or allow third parties to access your personal information without your consent. However you agree that the NZMS Alumni may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of our privacy policy.

The NZMS website is covered by the privacy conditions of its parent organisation, the Manukau Institute of Technology, which is outlined below…..

Manukau Institute of Technology is committed to complying with the Privacy Act 1993 and will endeavour to protect all personal information that comes into its possession in accordance with the principles of the Act.

1. Collection of personal information

  • Manukau Institute of Technology will only collect personal information that is voluntarily submitted to it either in person, through email, or through the online forms and surveys contained on its website or where the collection of personal information is authorised by the person to whom the information relates. The collection of personal information could include, but is not necessarily limited to, the following circumstances:
    • Personal information submitted as a result of a brochure/ prospectus/ information request(s);
    • Personal information submitted in an online application and/or enrolment form;
    • Personal information submitted to lay a query or complaint with the Institute.
  • The following information will only be collected by the Institute server for statistical and system administration purposes when you visit the Institute website:
    • your browser’s internet address;
    • your server’s address;
    • your domain name and IP address;
    • operating system;
    • date and time of visit to the website, and the pages you accessed and documents you downloaded;
    • username entered if you are accessing a restricted site.

In the usual course of the Institute’s business we will not attempt to identify individuals from information recorded by the Institute’s server. However, law enforcement and other Government agencies may legally require access to this information in the course of an investigation.
2. Use and Disclosure of personal information

  • Personal information collected will only be used for the purpose for which it was collected and/or for approved student administration purposes (e.g. information sent to Studylink to verify enrolment for the purposes of student loans and/or allowances; information published in the award handbook during graduation).
  • Only authorised Institute staff will have access to personal information, and no personal information will be disclosed to third parties without the consent of the individual concerned or unless disclosure is required or authorised by law.

3. Access to and correction of personal information

  • You have the right to request access to any of your personal information held by the Institute, and where you believe that such information is inaccurate or requires correction, you have the right to request its amendment.

If you have any queries or concern about the privacy of your personal information, please contact the Privacy Officer or the Assistant Privacy Officer.

Disclaimer
The purpose of this website is to provide you with information on the Manukau Institute of Technology and the New Zealand Maritime School Alumni.
While every effort has been made to ensure the information presented within this website was correct at the date of publication, the contents are subject to review and change from time to time. Manukau Institute of Technology and the NZMS reserves the right to alter procedures, fees and regulations should the need arise and makes no warranties or representations, expressed or implied, as to the accuracy of information contained at this site and disclaims its liability to the maximum extent permitted by law.