Terms of Use

At Auckland Unlimited Limited we have a vision of healthier, happier communities and are achieving this vision by helping people to find their tribes by providing pathways that connects people to their passions. Activate Tāmaki Makaurau has been set up to connect existing Auckland businesses with support. It is an opportunity to assist the business community to navigate the current environment and build more resilient businesses by supporting them to work through tough decisions, seize future opportunities and adapt where necessary to enable businesses to thrive. 1. Introduction 1.1 Contract When you use our services, you agree to all of these terms. Your use of our services is also subject to our Privacy Policy , which covers how we collect, use, share, and store your personal information. You agree that by clicking “Join Now” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Auckland Unlimited Limited (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services. Services This Contract applies to activatecommunity.co.nz, including the offsite collection of data for those Services, such as our ads and the “Apply with Auckland Unlimited Limited” and “Share with Auckland Unlimited Limited” plugins. Registered users of our Services are referred to as “Users” in this agreement. Auckland Unlimited Limited You are entering into this Contract with Auckland Unlimited Limited (also referred to as “we” and “us”) who will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. This Contract applies to registered Users. As a User of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy. 1.2 Users When you register and join the Auckland Unlimited Limited Service (whether paid or free), you become a User. 1.3 Change We may make changes to the Contract. We may modify this Contract and Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date. 2. Obligations 2.1 Your Account You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Users are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse. 2.2 Payment You’ll honour your payment obligations and understand that there may be fees and taxes that are added to our prices. If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that: • If you purchase a subscription, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. • You can get a copy of your invoice through your Auckland Unlimited Limited Profile account. 2.3 Notices and Messages You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. 2.4 Sharing When you share information on our Services, others can see, copy and use that information. Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings and messages. Information and content that you share, or post may be seen by other Users. Where we have made settings available, we will honour the choices you make about who can see content or information. For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service, our default is to share it only with the job poster. We are not obligated to publish any information or content on our Service and can remove it with or without notice. 2.5 Ask the Community Feature The Ask the Community feature is to enable association professionals to reach out to the broader Auckland Unlimited Limited to ask questions and seek support. It is not to be used to promote products and services, questions unrelated to the association community, bullying or abuse of any kind, or anything that a reasonable person would regard as contravening the spirit of the “ask” functionality. Breach of these rules will result in deletion of the post. Multiple breaches will result in suspension from the site. 3. Rights and Limits 3.1. Your License to the Auckland Unlimited Limited You own all the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it. We’ll honour the choices you make about who gets to see your information and content, including how it can be used for ads. As between you and the Auckland Unlimited Limited, you own the content and information that you submit or post to the Services, and you are only granting Auckland Unlimited Limited and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways: You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings. We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "public", we will enable a feature that allows other Users to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others. You and Auckland Unlimited Limited agree that if content includes personal data, it is subject to our Privacy Policy. You and Auckland Unlimited Limited agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding our Services to Auckland Unlimited Limited, you agree that Auckland Unlimited Limited can use and share (but does not have to) such feedback for any purpose without compensation to you. You promise to only provide information and content that you have the right to share, and that your Auckland Unlimited Limited profile will be truthful. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. 3.2 Service Availability We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law. We don’t promise to store or keep showing any information and content that you’ve posted. Auckland Unlimited Limited is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy. 3.3 Other Content, Sites and Apps Your use of others’ content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Auckland Unlimited Limited generally does not review content provided by our Users or others. You agree that we are not responsible for others’ (including other Users’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organisation may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Auckland Unlimited Limited may help connect Users offering their services (technology, consulting, etc.) with Users seeking services. Auckland Unlimited Limited does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that Auckland Unlimited Limited does not supervise, direct, control or monitor Users in the performance of these services and agree that (1) Auckland Unlimited Limited is not responsible for the offering, performance or procurement of these services, (2) Auckland Unlimited Limited does not endorse any particular User’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Auckland Unlimited Limited and any User offering services. If you are a User offering services, you represent and warrant that you have all the required licenses. Similarly, Auckland Unlimited Limited may help you register for and/or attend events organised by Users and connect with other Users who are attendees at such events. You agree that (1) Auckland Unlimited Limited is not responsible for the conduct of any of the Users or other attendees at such events, (2) Auckland Unlimited Limtied does not endorse any particular event listed on our Services, (3) Auckland Unlimited Limited does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events. 3.4 Limits We have the right to limit how you connect and interact on our Services. Auckland Unlimited limteeserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Users. Auckland Unlimited Limited reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services. 3.5 Intellectual Property Rights We’re providing you notice about our intellectual property rights. Auckland Unlimited Limited reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Auckland Unlimited Limited, and “in” logos and other Auckland Unlimited Limited trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Auckland Unlimited Limited. 3.6 Automated Processing We use data and information about you to make relevant suggestions to you and others. We use the information and data that you provide and that we have about Users to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant. 4. Disclaimer and Limit of Liability 4.1 No Warranty This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. AUCKLAND UNLIMITED LIMITED AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AUCKLAND UNLIMITED LIMITED AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4.2 Exclusion of Liability These are the limits of legal liability we may have to you. TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS AUCKLAND UNLIMITED LIMITED HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), AUCKLAND UNLIMITED LIMITED, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. AUCKLAND UNLIMITED LIMITED AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO AUCKLAND UNLIMITED LIMITED FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) AUD $1000. 4.3 Basis of the Bargain; Exclusions The limitations of liability in this Section 4 are part of the basis of the bargain between you and Auckland Unlimited Limited and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Auckland Unlimited Limited or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract. 5. Termination We can each end this Contract, but some rights and obligations survive. Both you and Auckland Unlimited Limited may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: • Our rights to use and disclose your feedback. • Users rights to further re-share content and information you shared through the Services. • Sections 2.2, 4, 6, 7, and 8.2 of this Contract. • Any amounts owed by either party prior to termination remain owed after termination. 6. Governing Law and Dispute Resolution In the unlikely event we end up in a legal dispute, you and Auckland Unlimited Limited agree to resolve it in New Zealand courts using Australian law. This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. If you live in the Designated Countries: You and Auckland Unlimited Limited agree that the laws of Australia, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Auckland Unlimited Limited agree that claims and disputes can be litigated only in New Zealand, Australia and we each agree to personal jurisdiction of the courts located in New Zealand, Australia. 7. General Terms Here are some important details about the Contract. If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Contract, that does not mean that Auckland Unlimited Limited has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your Usership or use of Services) to anyone without our consent. However, you agree that Auckland Unlimited Limited may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Section 10. 8. Auckland Unlimited Limited “Dos and Don’ts” 8.1. Dos Auckland Unlimited Limited is a community of professionals. This list of “Dos and Don’ts” along with our limit what you can and cannot do on our Services. You agree that you will: • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. • Provide accurate information to us and keep it updated. • Use your real name on your profile; and • Use the Services in a professional manner. 8.2. Don’ts You agree that you will not: • Create a false identity on Auckland Unlimited Limited, misrepresent your identity, create a User profile for anyone other than yourself (a real person), or use or attempt to use another’s account. • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services. • Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views). • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Auckland Unlimited Limited. • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer). • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission. • Violate the intellectual property or other rights of Auckland Unlimited Limited, including, without limitation, o copying or distributing our learning videos or other materials or o copying or distributing our technology, unless it is released under open source licenses. o using the word “Auckland Unlimited Limited” or our logos in any business name, email, or URL. • Post anything that contains software viruses, worms, or any other harmful code. • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source. • Imply or state that you are affiliated with or endorsed by Auckland Unlimited Limited without our express consent. • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Auckland Unlimited Limited consent. • Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Auckland Unlimited Limited consent. • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages. • Monitor the Services’ availability, performance or functionality for any competitive purpose. • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services. • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services). • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms). 9. Complaints Regarding Content Contact information for complaint about content provided by our Users. We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. 10. How To Contact Us Our Contact information. Our Help Page also provides information about our Services. For general inquiries, you may contact us at info@businesshelpline.co.nz .