Terms and Conditions
These terms and conditions apply to all users of this website – www.celebrateme.co.nz (“the website”). By accessing and viewing the website you agree to be bound by the following terms and conditions and are deemed to have read and understood the terms and conditions and in particular the Disclaimer in clause 1.3. We advise you to read these terms and conditions carefully before proceeding to use the website. If you do not agree to be bound by these terms and conditions then you should stop accessing and using the website immediately. Celebrate Me may modify these terms and conditions from time to time in its sole discretion without notice. It is recommended that users of the website read these terms and conditions regularly to keep up to date with any changes.
Last updated 03/03/2016
1. GENERAL TERMS AND CONDITIONS
In these terms and conditions:
(a) “advertiser” means a supplier or business whose details are listed in the website’s directory.
(b) “Free Listing” means an unpaid listing in our directory with the features set out on the website.
(c) “member” means a user logged into a Celebrate Me account.
(d) “newsletter” means the newsletter which may be sent out from time to time by Celebrate Me.
(e) “Premium Listing” means a listing in our directory with all of the features of the Free Listing and further additional features as set out on the website.
(f) “related company” has the same meaning as defined in section 2 of the Companies Act 1993.
(g) “reviewer” or “reviewers” means a user or member of the website who submits a rating and/or written review for a business listed in the website’s directory.
(h) “services” refers to the functions and features of the website.
(i) “the website” means www.celebrateme.co.nz.
(j) “us”, “we” “our” and “Celebrate Me” are all references to Celebrate Me Limited (trading as Celebrate Me).
(k) “user”, “you”, “your” means you.
(l) “VIP Listing” means a listing in our directory with all of the features of the Free Listing and Premium Listing and further additional features as set out on the website.
1.2.1 Celebrate Me is an online resource, primarily for New Zealanders which provides a directory, inspiration section and articles and resources to facilitate funeral planning and other forms of life celebration. Celebrate Me also provides a facility for users or members to submit reviews for advertisers in the directory.
1.3.1 By accessing the website you agree and acknowledge that:
(a) You use and rely on any information, comments or reviews solely at your own risk and judgement. Celebrate Me is not liable for any reliance on any information displayed on the website.
(b) Celebrate Me is not liable for any reviews, ratings or comments posted by users, members, or reviewers on the website, these represent the opinions of the writers and not those of Celebrate Me or of its officers or employees.
(c) Celebrate Me gives no warranty as to the suitability of any business reviewed or listed on the website and does not endorse any business displayed on the website unless expressly stated.
(d) The reviews of products and services on the website are provided by other users of the website and have not been prepared by Celebrate Me. Accordingly, Celebrate Me does not warrant or make any representation about anything transmitted or posted by other users via this website and you acknowledge and agree that Celebrate Me does not endorse, support, sanction, verify, encourage or agree with any user’s communications nor take any responsibility for such communications or reviews which are threatening, obscene, defamatory or constitute harassment or offensive material or which constitutes any infringement of any other party’s intellectual property rights. We cannot and will not accept any liability for any statements made by any person contributing to this website.
(e) Celebrate Me’s liability is excluded for any loss occasioned by a user of the website, or any other person, through direct or indirect use of the website, including but not limited to, loss of information, loss of profits, loss of business, loss of a chance, general and special damages, and consequential and incidental loss.
(f) To the maximum extent permitted by law Celebrate Me’s liability and responsibility (including that of any of its officers, employees, agents or any related company) to you or any other person, in connection with the services or any material posted on the website, including any member’s or reviewer’s information, or your use or inability to use the services or this website is excluded regardless of whether any such liability arises in equity, tort (including negligence), contract, breach of statutory duty or by any other operation of law or legal process that may arise whether direct or indirect, including without limitation, loss of profits, loss of data, loss of business, loss of any anticipated savings, or any general or special damages or consequential or incidental losses.
(g) Celebrate Me does not vet or screen material posted to the website and therefore gives no warranty that the website will be free of viruses or any other malicious computer programmes and gives no guarantee that the website will be provided free of errors.
(h) Celebrate Me gives no warranty that the reviews posted or services provided are secure and or timely.
(i) You indemnify Celebrate Me, and any of its employees, officers, agents or any related company for any loss caused by your failure to adhere to these terms and conditions.
1.4. Intellectual Property
1.4.1 All images, pictures, logos and information content used on the website remains the property of Celebrate Me except where subject to existing intellectual property rights. Some product and business names, photos, videos, and text displayed on the website may be subject to intellectual property rights owned by third parties.
1.4.2 By accessing the website the user agrees not to breach or infringe any intellectual property rights including but not limited to: trademarks, copyrights, patents or designs.
1.4.3 Copyright is reserved for the website and as such no information displayed on the website may be republished, reproduced or used by any party without the express consent in writing of Celebrate Me.
1.5. Acceptable Use
1.5.1 By accessing the website you agree not to engage in any form of hacking or otherwise subverting or stealing the source code comprising the website.
1.5.2 No user may access the website other than for the website’s intended purpose and shall not (for example but not limited to):
(a) Engage in any data mining activity.
(b) Resell or use the information displayed on the website for personal or commercial gain.
1.5.3 In using the website, you agree to use it only for purposes that are permitted by:
(a) The terms and conditions of the website;
(b) Any applicable law or regulation; and
(c) Generally accepted practice or guidelines.
1.6. Governing Law
1.6.1 You agree by accessing the website that these terms and conditions and your relationship with Celebrate Me will be governed exclusively by the laws of New Zealand and that you irrevocably submit to the jurisdiction of the Courts of New Zealand.
1.7.1 Celebrate Me may assign all or any of its rights and or obligations arising out of these terms and conditions to any other third party at any time.
1.7.2 By accessing the website you agree not to assign any right or obligation arising out of these terms and conditions to any third party.
1.8.1 The website may contain links to third party websites. We are not responsible in any way for the contents of any linked website.
1.8.2 Celebrate Me is not affiliated with and does not endorse any linked website unless expressly stated.
1.9. Entire Agreement
2. REVIEWER TERMS AND CONDITIONS
2.1. General Terms for Posting Reviews
2.1.2 Reviewers will ensure that at all times in submitting reviews, ratings and any other material or information to the website that they act in good faith. Reviewers must:
(a) Be 18 years of age or older.
(b) Have had a recent transaction with the business being reviewed, being a transaction within the past 12 months.
(c) Not be an owner, employee, family member of an owner or employee, or have a beneficial interest in the business that they rate or review.
(d) Not be a direct competitor of the business or be involved with a direct competitor (as owner, shareholder or family member of an owner or employee) of the business that they review or rate.
(e) Be fair, constructive and honest in dealing with the business they rate or review.
(f) Ensure they tell the truth about their experiences with the business and do not lie about or mislead others as to the quality of goods or quality or competency of the service provided by the business to the reviewer.
(g) Not defame or seek to defame the business they submit a rating and or review for.
(h) Not use obscene or offensive language or remarks designed to be offensive.
(i) Not rate or write a review about a business more than once.
2.2. Removal of Review
2.2.1 Celebrate Me in its sole discretion may remove any review in breach of these terms and conditions but is under no obligation to exercise any editorial or vetting of content posted by reviewers.
2.3.1 Reviewers agree to indemnify Celebrate Me (and any of its officers, employees and agents, and any related company) for any and all losses, costs, damages or expenses (including all reasonable costs of defending any claim or enforcing this indemnity) resulting directly or indirectly from a review or rating submitted by you to the website or for any breach of these terms and conditions.
2.4.1 By posting a review or rating to the website you grant an irrevocable licence to Celebrate Me to use, reproduce, modify, transmit or distribute the review or rating and Celebrate Me has no obligation to provide any payment or credit for any review or rating or reproduction etc. of the same.
2.5. Business Review or Rated
2.5.1 Please note that ratings and reviews may be passed on to the business concerned.
3. ADVERTISER TERMS AND CONDITIONS
3.2. Advertisers agree to limit the liability and responsibility of Celebrate Me (and any of their officers, employees and agents, and any related company) completely for any loss occasioned by them, through direct or indirect use of the website, including but not limited to loss of information, loss of profits, loss of business, loss of a chance, general and special damages, and consequential and incidental loss, whether that liability arises in equity, tort, contract, breach of statutory duty or by any other operation of law or legal process that may arise.
3.3. Advertisers agree that they will provide correct and accurate information and will ensure that they keep such information up to date including the advertiser’s contact details.
3.4. Celebrate Me may in its sole discretion terminate an advertiser’s listing or inclusion in our directory for breach of these terms and conditions without prior notice. No refund needs to be provided if an advertiser’s listing is removed.
3.5. Premium Listings and VIP listings will ensure payments are made to Celebrate Me promptly within the time period specified on notifications or invoices issued. Reminders or invoices for annual renewal of premium and platinum listings will be sent automatically and are payable unless Celebrate Me receives written notice from the vendor within 10 days of the date of such invoice that it wishes to cancel its premium or platinum listing. Celebrate Me reserves the right to cancel a premium or VIP listing for non-payment.
3.6. If you wish to withdraw your business from our directory please send Celebrate Me an email through our contact page.
4.1. Celebrate Me may send you a newsletter if you provide your email address and agree to receive the newsletter. The frequency of this newsletter may be monthly or at any other frequency as determined by Celebrate Me from time to time.
4.2. You agree not to use any of the material contained in the newsletter for any commercial purposes.
4.3. Celebrate Me accepts no responsibility for the information contained in the newsletter and you should take professional advice before acting on the information contained therein.
4.4. Celebrate Me retains the copyright to any information contained in the newsletter unless a conflicting right exists prior to publication of the newsletter.
5.1. Celebrate Me may in its sole discretion delete any member account, or remove any advertiser listing collection or item for breach of these terms and conditions without prior notice.
Please see clause 1.1 of our General Terms and Conditions for interpretation of this policy.
1.1 By accessing the website you agree to the collection, monitoring and storage of your personal information, which may include your name, email address, IP address, and any data you submit or send through a form on the website. You acknowledge that Celebrate Me may:
1.1.1 Use this collected information for its own reasonable business purposes including but not limited to, ensuring the reviews and ratings given are not untruthful, inaccurate, misleading or malicious, Celebrate Me internal research purposes, and to verify your identity.
1.1.2 Provide this information to any relevant authority if you do anything illegal or malicious.
1.1.3 By using the website you agree to allow Celebrate Me to send you occasional promotional emails. You will always have the option to unsubscribe to these emails.
1.2 Celebrate Me will not allow third parties access to your personal information unless authorised by you to do so, except where necessary to comply with the law, or to enforce these terms and conditions, to facilitate legal proceedings or protect the property, rights or safety of other users or of Celebrate Me (or any of its officers, employees, agents, or any related company).
1.3 You may contact Celebrate Me to request any information held about you and you may request us to correct any information you consider to be inaccurate.