UP

Terms of use

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UP Website Terms of Use

These terms apply to your access to, and use of, up.org.nz (the “UP Website”) and any software and services made available to you via the UP Website.

The UP Website is provided to you by or on behalf of Unlimited Potential ICT Professionals’ Network Incorporated of Wellington, New Zealand (also called “UP”, “we”, “us” and “our” in these terms). UP is a network of ICT professionals based in Wellington, NZ. Our goal is to provide our members with great free events and networking opportunities.

You are considered to have accepted these terms if you click to confirm this (where this option is provided to you) or if you otherwise view or use the UP Website in any way. If you do not accept these terms you are not permitted to use the UP Website.

Use the UP Website according to these terms

You have the right to access and use the UP Website but only in the manner permitted by UP and so long as you comply with these terms. This right is limited by these terms and any notices and limitations displayed on the UP Website.

We don’t own your materials

We do not own any of the materials (eg, photos, videos or other content) that you may transmit or post to or through the UP Website. This includes external materials you have tagged “#UPNZ”, which can be automatically detected and displayed on the UP Website. You alone (and not us) are ethically and legally responsible for these materials and any consequences of their use, and you:

Using other people’s materials with care

You may access, download and view the materials posted by other users for your lawful, personal and non-commercial purposes. However, if you want to do anything else with those materials you must first obtain the necessary rights and permissions from the relevant owners or licensors. You must also comply with any licence terms that those owners or licensors may specify for those materials.

Unless we have specified otherwise, you may use text content created and posted by us on the UP Website under the New Zealand Creative Commons Non-commercial Attribution Share-Alike license.

Respect others

When accessing, contributing to, and using the UP Website (including to contact other members) you must do so in a reasonable and proper manner and never in a way that breaks any laws or regulations or infringes our or anyone else’s rights. You are responsible for honouring the rights of others, and for treating others who use the site with respect.

You agree not to post, tag as “UPNZ” or transmit material that is offensive, discriminatory or illegal, or which otherwise causes annoyance or inconvenience.

We don’t screen material before it is posted on the site. In order to ensure that the site is running well, and that the Terms of Use are upheld, from time to time it may be necessary for us to monitor site activity.
We reserve the right, in our absolute discretion, to:

You must comply with all our instructions and restrictions regarding the use of the UP Website.

Security

We will try to keep you safe, but you’re responsible too. While we try to make the UP Website secure we do not promise that it is completely secure or that the materials you post or transmit will never be lost or damaged. It’s up to you to make sure that you can recover or replace any of your materials that are lost or damaged for any reason.

You are responsible for ensuring that your password is kept confidential. You must also provide us with registration and other required information that is current and accurate.

We look after your personal information

Please see our Privacy Policy for how we collect and use your personal information and your rights in relation to that information. By accepting these terms you also accept our Privacy Policy.

Emails from UP

You agree that we may from time to time send you emails that relate to UP (for example, notification of upcoming events and the occasional newsletter profiling the UP community.

The Terms of Use may be updated

As circumstances change we may decide to change these terms. We will try to give you at least five days’ notice before any changes take effect (and we can do this by posting a notice on the UP Website). Any use by you of the UP Website after the new version of these terms has been posted on the UP Website confirms that you accept the changes. Any other changes to these terms must be in writing and signed by one of our authorised representatives.

Our intellectual property is protected

We or our licensors own and shall retain all rights, title and interest, including intellectual property rights, in the UP Website (including in its user interface, design, look-and-feel and underlying software). This is collectively known as “Unlimited Potential IP”.

Your limited right to use Unlimited Potential IP is set out in the “Use the UP Website according to these terms” section above. You may not distribute or modify any Unlimited Potential IP. [doesn’t this conflict with the CC BY-SA bit?]

Our trademarks, logos and business, product and domain names are also owned by us alone and you are not granted any rights or interests in any of them.

Rights and limitations you need to be aware of

The UP Website is provided to you on an “as is” and “as available” basis, and your use of it and all materials posted or transmitted on or through the UP Website is at your own risk.

The nature of the UP Website means we do not promise that it will be:

This is in part because of the reliance of UP on systems and networks that are not owned or controlled by us.
Sometimes the UP Website will be unavailable or your use will be limited because of maintenance or other work that is being undertaken.

We may, at our sole discretion, change, delete or remove the whole, or any part of, the UP Website at any time without notice to you.

Our liability to you is limited

All materials (including links) that you may access in or through, or receive from, the UP Website are the sole responsibility of the person who first provided those materials to the UP Website. We do not endorse or approve those materials and are not liable in any way for your (or anyone else’s) use or reliance on them.

We (including the organisations listed at the end of these terms), and our suppliers, contractors, executive committee, employees and agents (“Our Personnel”), will not be liable to you or any third party for any loss or damage to information or data, breach of security or privacy, loss of profit, revenue, opportunity or saving, or any incidental, indirect, special or consequential loss or damage.

If we or Our Personnel are liable to you for any reason, and for any reason we have not been able to exclude that liability under these terms, then the maximum aggregate liability of us and Our Personnel (together) to you for all things we or Our Personnel have done or not done (including any breach of these terms) will under no circumstances exceed $100.

The maximum aggregate liability above, and any exclusions or disclaimers of liability in these terms, shall apply however liability arises, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise.

General stuff

Any waiver of any of these terms must be in writing and signed by one of our authorised representatives. Any delay or failure by us to exercise any right does not prevent us from exercising that right, or any other right, on that or any other occasion.

In these terms, words in the singular include the plural and vice versa; any examples in these terms, and references to “including” and similar words, are illustrative only and do not imply any limitations; and any headings are for ease of reading only and do not affect the interpretation of these terms.

These terms are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts.

Linking

You are welcome to link to pages on our website. Linking to the UP Website from any other website is not an endorsement of any kind by UP.