Privacy Policy and Terms

  1. Privacy Policy

  2. Terms and conditions of sale

  3. Terms and conditions of hosting

Privacy Policy

WE RESPECT THE PRIVACY of our customers, visitors, and anyone who has dealings with us. If during the course of any contact you supply personal information of whatever type to us, it is our policy

  • To respect the purpose for which you supplied that information. We will use it only for the purposes authorised by you.
  • Not to sell, rent, or loan to third parties any personal details or information you have supplied to us, for any purpose whatsoever, unless you have specifically requested and authorised us to make the information available to others for general or limited, specific purposes.
  • To store any information you have provided us in a secure place and manner.
  • When you request it, to immediately delete and remove from our lists and/or records any information supplied by you.

Terms and conditions of sale

SITECENTRES LTD will provide its product/s and/or service/s to the PURCHASER/CUSTOMER/CLIENT - which means the person, firm or company to whom goods or services are supplied by SITECENTRES LTD (here called "you") - subject to the following notices, terms and conditions.

As well, when you purchase any SITECENTRES LTD product or use any SITECENTRES LTD service, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such product or service.

  1. Definitions
    1. In these Terms and Conditions, unless the context requires otherwise, the following expressions have the following meanings -
      "Products" means any products forming the subject matter of this Agreement, and shall include services provided by SITECENTRES LTD, and the term products shall encompass both products and services hereunder.
      "Services" means any services forming the subject matter of this Agreement, and shall include products provided by SITECENTRES LTD, and the term products shall encompass both products and services hereunder.
      "Agreement" means an agreement for the sale and/or provision by us to you of the products and/or services.
      "Price" means the price for the products and/or services, and includes GST but excludes the cost of delivery.
      "Site" means the sitecentres.com Internet Web site, and/or the netsystem.co.nz Internet Web site, and/or the NZLiving.co.nz Internet Web portal.
      "Nominated Payment Authority" means Visa, Mastercard, personal cheque issued against a New Zealand registered bank, or authorised Automatic Payment deduction from your or a nominated bank account.
  2. The Site
    1. This site and the other named sites (collectively here referred to as "the site") are owned and operated by SITECENTRES LTD. By using this and/or any of the other named sites, you agree to these Terms and Conditions. If you disagree with any of these Terms and Conditions, you should not access or use this or the other sites.
    2. We will sell and you will purchase the products from this site in accordance with these Terms and Conditions only. You confirm and acknowledge that you are aware of the contents of these Terms and Conditions, and agree to them.
  3. Orders and Prices
    1. You must order the products in accordance with the instructions on this site.
    2. The price for the products is the price quoted on the SITECENTRES LTD site at the time you place your order.
    3. A separate charge for courier delivery will be included in the SITECENTRES LTD invoice accompanying the products, and that will be based on the amounts published on the site as being applicable to deliveries to your area.
  4. Payment
    1. You will pay for the purchase of the products in full by authorising SITECENTRES LTD to charge your Nominated Payment Authority.
    2. All payments for the products are payable in New Zealand dollars.
    3. If you pay by personal, or third party, or bank cheque, your order may not be processed and the products may not be dispatched until such time as the cheque has cleared.
  5. Availability of Products
    1. SITECENTRES LTD may revise and/or discontinue products at any time without notice, and cannot be held liable if its products cease to be available. In such circumstances you will be advised, no payment from you will be required, and any payment accepted for products that cannot be supplied will be refunded to you in full, without deduction.
  6. Title and Risk
    1. Orders are not binding on SITECENTRES LTD until accepted by SITECENTRES LTD, and should SITECENTRES LTD not accept the order, any monies paid by you will be refunded to you.
    2. SITECENTRES LTD remains the owner of the products supplied to you hereunder until you have paid in full all amounts that you owe to SITECENTRES LTD for the products.
    3. Title to the software product the Web Site Creator remains with SITECENTRES LTD and you are granted a license to use that product.
    4. Products are at your risk from the time they are delivered to you or delivered to any person authorised by you or appearing to be authorised by you and who signs a receipt purporting to be on your behalf for acceptance of the delivery.
  7. Delivery and Charges
    1. SITECENTRES LTD will at your cost, in the amount specified on the site as being the courier charge for delivery to your area, send the products to you as expeditiously as possible.
    2. If you have requested a specific delivery date, and SITECENTRES LTD has agreed to that date, SITECENTRES LTD will attempt to arrange delivery of the products to you by that date, but cannot be held liable to you in any way if the delay in delivery is in respect of causes outside the direct control of SITECENTRES LTD, or if SITECENTRES LTD is unable to deliver the products by virtue of causes referred to in clause 5.a. hereof.
  8. Return of Products
    1. SITECENTRES LTD accepts returns of damaged or faulty products, and will replace the products for you without additional charge, including courier or postage charges.
    2. Products returned in accordance with clause 8.a. must be returned in their original condition and packaging as received by you (if that is damaged), along with the invoice and any packing slip accompanying the products.
    3. If you wish to return products for replacement, please enclose a note that indicates the reason for the return of the products, specifying what damage or fault has been encountered, and details of where the replacement material is to be sent. Wrap the products securely and send in a fully pre-paid, sturdy and suitable container, together with the invoice which accompanied the product and the return slip to:
      SITECENTRES Limited
      P O Box 270, AUCKLAND
      NEW ZEALAND
  9. Warranty & Guarantees
    1. Subject to the specific terms of these Terms and Conditions, in the case of any order placed through the site using a credit card, we guarantee that your credit card information will be kept safe, and that if any unauthorised transaction is made using your card and you suffer expense as a direct result of your dealing with SITECENTRES LTD, then SITECENTRES LTD will reimburse you for any direct costs, but not incidental or consequential losses.
    2. SITECENTRES LTD guarantees against faulty products, and replaces any such faulty products as guaranteed in Clause 8.a. The Internet Success System is intended for existing businesses, and
      1. Since the products are acquired by you for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply; and
      2. You acknowledge that SITECENTRES LTD does not provide any express guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by SITECENTRES LTD in writing.
    3. Nothing in these Terms and Conditions is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993, except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.
    4. SITECENTRES LTD shall not be liable to you for any damage to the products, or any claimed damage caused by the products, due to external causes, including accident, abuse, misuse, misunderstandings, problems with electrical power, usage not in accordance with product instructions, failure to perform required preventative maintenance, and problems caused by use of supplied parts and components not supplied by SITECENTRES LTD.
    5. Notwithstanding anything else contained in these Terms and Conditions, SITECENTRES LTD shall not be liable to you for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract, or otherwise howsoever.
    6. The content and information provided in this site is supplied upon the condition that you must make your own determination as to the suitability of the products for your purposes prior to use. SITECENTRES LTD will not be liable for any damages, losses, or liabilities, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. SITECENTRES LTD will not be liable for any damages, loss, or injury, including, but not limited to, special or consequential damages that result from the use of or the inability to use, the products supplied or the materials in this site.
  10. Copyrights and Trade Marks
    1. All materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, manner of assembly and arrangement thereof, are proprietary to SITECENTRES LTD, Copyright © 2002 Sitecentres Limited. The name and style Internet Success System and X-Site are claimed as a trademark. The products referred to on the site, the Web Site Creator software and X-Site are the sole property of SITECENTRES LTD.
    2. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with SITECENTRES LTD or using this site as a buying resource.
    3. Permission is also granted to copy, reproduce, distribute, publish, post, or transmit in any way without any change or modification whatsoever the information and material on and from this site, for the sole purpose of relaying the information to others who may be interested in the purchase of the products.
  11. Restrictions on Use
    1. Any unauthorised use of the materials appearing on this site may violate copyright, trademark, and other applicable laws, and may result in criminal and/or civil penalties.
    2. Any use of materials on, or the content of, this site other than in the manner expressly permitted under clauses 10.b. and 10.c., including reproduction for purposes other than those noted above, and any use, reuse, distribution or republication of the material with changes or modifications, directly violates SITECENTRES LTD's intellectual property rights, and is strictly prohibited. All rights not expressly granted herein are reserved.
  12. Good Faith
    1. Except as otherwise noted, all materials in this site are intended only to provide information about this site, and the products to be supplied. The information contained in this site is presented in good faith, and is believed to be accurate and correct as of the date it was published, but we make no warranties or representations about the completeness of this site. We reserve the right to update or correct these Terms and Conditions and information contained in this site at any time, without notice.
  13. New Zealand Laws
    1. This site is controlled and operated by SITECENTRES LTD from its offices in New Zealand. We make no representation that the materials in this site, and in particular the products referred to and offered, are appropriate or available for use in other locations.
    2. This Agreement shall be governed by and construed in accordance with the laws of New Zealand, and shall be subject to the jurisdiction of the New Zealand Courts.
  14. General
    1. Nothing in these Terms and Conditions shall affect the statutory rights of you dealing with SITECENTRES LTD as a consumer under the Consumer Guarantees Act.
    2. SITECENTRES LTD may assign or in any other way transfer this Agreement, and any rights and benefits resulting from transactions hereunder, to any party at any time and in any manner.
    3. Should any provision of these Terms and Conditions be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Terms and Conditions of Hosting

Usage of our services requires agreement with the following policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

The Sitecentres Ltd Internet Services. (Sitecentres Ltd) Usage Policy has been developed with the following objectives:

  • Ensure security, reliability and privacy of Sitecentres Ltd's systems and network, and the networks and systems of others
  • Preserve the privacy and security of individual users
  • Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of
  • Internet services
  • Maintain the image and reputation of Sitecentres Ltd as a responsible provider
  • Avoid situations that may cause Sitecentres Ltd to incur civil liability We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our customers are protecting the rights and privileges of all Internet users.

VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF ALL ACCOUNTS.

General Conduct

  1. Customers may not engage in tortious conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, illegal pornography, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.
  2. Customers are prohibited from transmitting on or through any of Sitecentres Ltd's services, any material that is, in Sitecentres Ltd's sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
  3. Sitecentres Ltd's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of New Zealand law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute, law or regulation. Sitecentres Ltd reserves the right to remove such illegal material from its servers.
  4. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

Email

  1. Harassment, whether through language, frequency, or size of messages, is prohibited.
  2. Customers may not send any email that has not been solicited. If a recipient asks to stop receiving email, the customer must not send that person any further email.
  3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of unsolicited commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
  4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
  5. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
  6. Forging of header or any other information is not permitted.
  7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
  8. Sitecentres Ltd accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
  9. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet).
  10. Customers may not send Usenet spams (i.e. publicizing their site in a large number of newsgroups that are irrelevant to the topic of the site). 11.Customers may not operate an Open-relay mailserver.

NOTE: Sitecentres Ltd, Inc. operates under a strict one-warning policy regarding unsolicited e-mail, unless the violation is of such nature that the account, in our sole discretion requires immediate termination, in which event service will be immediately terminated.

Security

  1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of other networks.
  2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, overload of a service, and any activity resulting in the "crash" of a host.
  3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
  4. Customers must safeguard their account passwords to prevent unauthorized access to their account. Customer is liable for all resource fees incurred under customer's account. If customer grants public write permissions to customer's account, customer is liable for fees for disk space consumed by any others writing to the account.
  5. Users who violate systems or network security may incur criminal or civil liability. Sitecentres Ltd will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Material and Product Requirements

  1. Customers must ensure that all material and data placed on Sitecentres Ltd's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on Sitecentres Ltd's part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material. Sitecentres Ltd will notify the customer immediately of its refusal of the material and afford the customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Sitecentres Ltd.
  2. Use of Sitecentres Ltd's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the customer's Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of Sitecentres Ltd to provide this knowledge or customer support outside of the service defined in the Service Agreement.

Customer Responsible for Backups

Customer is responsible for maintaining a backup copy of customer's Sitecentres Ltd files elsewhere to ensure recovery in the event of loss or damage to customer's files. At customer request Sitecentres Ltd makes periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Should the file loss be due to some error on the part of Sitecentres Ltd, Sitecentres Ltd will attempt to recover the files from their most recent archives at no cost to the customer. Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer's negligence of securing their account, Sitecentres Ltd will attempt to recover the files from their most recent archives.

THE USAGE POLICY DEFINES THE ACTIONS WHICH SITECENTRES LTD CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO SITECENTRES LTD' CUSTOMERS.

If you are unsure whether any contemplated use or activity is prohibited, please send e-mail to info@sitecentres.co.nz and we will assist you. Please note that the actions listed are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Sitecentres Ltd, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the NZ Trade Commission.

Sitecentres Ltd must further limit any exceptions made to the Usage Policy as secondary in regards to server and network security, performance and integrity.

Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network. If you feel that one of our clients has violated this policy, please report the infraction (with as much detail as possible -- if forwarding an email please include full headers) to info@sitecentres.co.nz.

 

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