Agreement to these terms

By using the Milford Mariners Incorporated (MMI) website (the Website), you accept these Terms of Use and are bound by them. If you do not accept these Terms of Use, you should not use the Website.

MMI may amend these Terms of Use in whole or in part from time to time. Amendments will be effective immediately when MMI posts the amended Terms of Use on the Website. You are responsible for ensuring you are familiar with the latest Terms of Use. By continuing to use the Website, you agree to be bound by the Terms of Use as amended (whether or not you have received any amendments).

Intellectual Property Rights

IP rights in Website: MMI (and MMI’s licensors or suppliers, as the case may be) own the intellectual property rights to all items manifested in the Website, including all of the content of the Website (such as text, graphics, logos, icons and sound recordings) and all software code underlying and forming part of the Website.

Your right to use the Website: You may not without MMI’s prior written permission, in any form or by any means:
a) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create adaptations from any part of the Website (including the content of the Website); or
b) commercialise, copy, or on-sell any information, or materials obtained from any part of the Website (including the content of the Website).

Our right to use your content: When posting or uploading any content to the Website or making contact with other users of the Website:
a) you agree that any such content may be used, copied, distributed or disclosed by MMI at any time in any form and for any purpose;
b) you warrant that all information is correct and up to date, and are responsible for ensuring that it remains so; and
c) you warrant that you are the sole owner of any intellectual property rights in such content.

Communication: By providing an email address to us, you consent to receiving electronic communications from MMI, including account status updates, promotional and marketing materials and MMI newsletters. You may unsubscribe from any MMI newsletter by clicking on “unsubscribe” at the bottom of the relevant newsletter.

Responsibility for membership: You are responsible for any actions taken through your membership. Memberships are not transferable and therefore cannot be sold, leased, lent, or traded.

MMI Rights: MMI reserves the right to limit your activities on the Website, issue a warning to you or co-operate fully with any law enforcement authorities or court order requesting or directing MMI to disclose the identity of anyone posting any content on the Website without prior notice at any time. Cause for deactivation shall include, but is not limited to;
a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines;
b) requests by NZ Police or other government agencies;
c) discontinuance or material modification to the Website (or any part thereof);
d) unexpected technical or security issues or problems;
e) extended periods of inactivity;
f) engagement by you in fraudulent or illegal activities; and/or
g) non-payment of any fees or other amounts owed by you to MMI.

Indemnity: You agree to indemnify and keep indemnified MMI from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by MMI to any person arising out of, or in connection with, your failure to comply with these Terms of Use, your failure to complete a transaction, or arising out of any content or item you submit, post, upload, transmit, link to or make available.

Acceptable use

Compliance with law: You agree to use the Website in a manner that complies with all applicable laws and regulations both in new Zealand and in your country of residence if different, and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of the Website.

Specific prohibitions: In particular, and without limitation, you agree not to:
a) damage or harm the Website, or any underlying or connected network or system;
b) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Website or content featured on it for any purpose;
c) introduce any viruses, content or code to the Website which is technologically harmful;
d) use the Website to do anything unlawful, misleading, malicious, or discriminatory;
e) do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;
f) facilitate or encourage any violations of these Terms of Use;
g) upload or post any content on the Website (or use the Website to transmit any communication) which is in our view illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable.
h) send or otherwise post unauthorised commercial communications (such as spam) on the Website;
i) engage in unlawful multi-level marketing, such as a pyramid scheme on the Website;
j) bully, intimidate, or harass any user/member of the Website;
k) offer any contest, giveaway, or sweepstake on the Website without obtaining our permission. If we consent, you take full responsibility for the contest, giveaway, or sweepstake, and agree to comply with all applicable laws, or attempt to do any of the above.

Monitoring and removal of content: MMI is not obliged to monitor your use of the Website (including any comments made on, or content posted or uploaded to, the Website). However, MMI may decline to publish, remove or modify comments or content, if MMI, in its sole discretion, considers them to be inappropriate or considers that they otherwise breach these Terms of Use or any additional terms.

Linking: You may create a hyperlink to the Website from another website. However, this link must not be presented in any way that implies that the Website has an association with the other site, or endorses that site or the products available on or through that site. Neither MMI’s name, nor any of MMI’s logos may be used on any other site without MMI’s written consent. If you create a hyperlink to the Website, you are responsible for all direct and indirect consequences of the link.

Right to adjust price: MMI will make reasonable endeavours to ensure that the descriptions and prices for the products and services shown on the Website are accurate and up-to-date. However MMI reserves the right to adjust the actual price charged if the prices shown are incorrect, and to vary the prices and product and services descriptions at any time and without notice.

Consumer Guarantees Act 1993: You agree that, where you acquire products or services from MMI for the purposes of a business, any provisions of the Consumer Guarantees Act 1993 which would otherwise apply to the supply by MMI of those products or services do not apply.

Title and risk: Title to all products supplied to you will be retained by MMI until payment in full is received by MMI. All risk of loss of, or damage to, the products passes to you on delivery of the products to you.

Tax and other Charges

GST: For all orders delivered to New Zealand addresses, all prices are inclusive of goods and services tax (as defined in the Goods and Services Tax Act 1985).

Liability

Information should be treated as a guide only: The information provided on the Website should not be your only source of information when you are making boating related decisions. They should be treated as a guide only. Use the Website as a starting point and then seek independent professional advice.

Advertisements and links: Responsibility for the content of advertisements appearing on the Website (including links to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute MMI’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

Any links on the Website to third party websites are provided for convenience only, and the inclusion of any link does not imply that MMI endorses or verifies such websites. Articles or reports by named authors express their own views and do not necessarily reflect the views of MMI.

Reasonable care: MMI will use reasonable endeavours to ensure:
a) the availability of the Website subject to any downtime for maintenance; and
b) the information provided on the Website is reliable, up-to-date, complete and accurate at the time of publishing.
No liability: The Website is provided on an “as is” and “as available” basis. You agree that, to the maximum extent permitted by law:
a) any and all of MMI’s liability and responsibility to you or any other person:
i. under or in connection with these Terms of Use; or
ii. in connection with the Website (including any errors in or omissions from the Website), any goods or services provided on or through the Website, another user’s/member’s acts or omissions (including any comments or content posted), or your use of or inability to use, the Website (including any loss or corruption of data), is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;
b) MMI’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; and
c) MMI 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.

Glossary
CMS: Content Management System. This is a computer program that allows publishing, editing and modifying content on a website and is a separate part of MMI’s private database
CRM: Customer Relationship Management. This is MMI’s private database
Website means the website located at www.milfordmarina.co.nz
MMI means Milford Mariners Incorporated

Contact the Milford Mariners office if you have any questions related to these Terms of Use on (0204) 138 2160