Terms and Conditions

The Realness Terms and Conditions

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1          APPLICATION OF TERMS

1.1      These Terms apply to your use of the Website.  By accessing and using the Website you agree to these Terms.

1.2      If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.  

1.3       If you use the Service (as that term is defined below):

a           these Terms and the Listing Terms (as the term defined below) apply to your use of the Service. By setting up an account to use the Service or a Listing, or accessing and using the Service:

i            you agree to these Terms and the Listing Terms; and

ii           where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms and the Listing Terms on that person’s behalf and that, by agreeing to these Terms and the Listing Terms on that person’s behalf, that person is bound by these Terms and the Listing Terms; and

b           if you do not agree to these Terms and the Listing Terms, you are not authorised to use the Website or the Service, and you must immediately stop doing so.  

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2          CHANGES

2.1      We may change these Terms or the Listing Terms at any time by updating them on theWebsite or (where you have an account to use the Service) by notifying you of the change by email.  Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms and the Listing Terms (if applicable). By continuing to access and use the Website or (if applicable) theService from the date on which the Terms or Listing Terms (as applicable) are changed, you agree to be bound by the changed Terms or Listing Terms (as applicable).

2.2      These Terms and the Listing Terms were last updated on 9 December 2021

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3          DEFINITIONS

In these Terms and the Listing Terms:

including and similar words do not imply any limit.

Listing means a business’ listing on the Website.

Listing Terms means the Listing Terms set out below

personal information means information about an identifiable, living person.

Service means the business listing service made available on the Website, as the Website is updated from time to time.

Terms means these terms and conditions titled The Realness Terms and Conditions, excluding the Listing Terms.

We, us or our means The Realness NZLimited, the owner of the Website

Website means www.therealness.world

You means you or, if clause 1.3aii applies, both you and the other person on whose behalf you are acting.

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4          YOUR OBLIGATIONS

4.1       You must:

a           not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any network, system, software, data or material that underlies or is connected to the Website, or otherwise attempt to damage or interfere with the Website or any network, system, software, data or material that underlies or is connected to the Website; and

b           unless with our agreement, access the Website via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.2      You must obtain our written permission to establish a link to our Website.  If you wish to do so, email your request to hello@therealness.world.

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5          INTELLECTUAL PROPERTY

Subject to clause ‎13.2 of the Listing Terms (if applicable), we (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the networks, systems, software, data and material that underlie or are connected to the Website.

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6          DISCLAIMERS

6.1      We acceptListings of businesses on our Website based on the representation of the owners or managers of the business that they meet our criteria for listing.  This is an honesty system and we do not independently verify that a business meets our criteria.  

6.2      On the Website, we make available third party information about businesses and their offerings, and links to those businesses, but the making available of that information and those links does not imply any endorsement, approval or recommendation of, or responsibility for, those businesses, sites or their contents, operations, products or operators.  

6.3       To the extent permitted by law, we make no warranty or representation about the accuracy, completeness, or appropriateness of the Website, including any information posted on the Website by a business or other third party, or the content of any website linked to or from thisWebsite, nor do we undertake to keep the Website updated and current.

6.4      We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

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7          LIABILITY

7.1      To the maximum extent permitted by law:

a           you access and use the Website, Listings and the Service (if applicable) at your own risk; and

b           we are not liable or responsible to you or any other person for any damage, loss, claim or expense suffered under or in connection with these Terms, the Listing Terms (if applicable), the Website, Listings, the Service (if applicable) or your access and use of (or inability to access or use) the Website, any Listing or theService (if applicable).  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2      Except to the extent permitted by law, nothing in these Terms or the Listing Terms (if applicable) has the effect of contracting out of any consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD10.

7.3      To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms or the Listing Terms (if applicable), or in connection with the Website or the Service (if applicable), or your access and use of (or inability to access or use) the Website or the Service (if applicable), must not exceed NZD10.

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8          PRIVACY

8.1      When you provide personal information to us, we will comply with the New Zealand PrivacyAct 2020 and our privacy policy.

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9          GENERAL

9.1       If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

9.2      These Terms and the Listing Terms (if applicable), and any dispute relating to these Terms, the Listing Terms (if applicable), the Website or the Service (if applicable),are governed by and must be interpreted in accordance with the laws of NewZealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Listing Terms (if applicable), theWebsite or the Service (if applicable).

9.3      For us to waive a right under these Terms or the Listing Terms (if applicable), the waiver must be in writing.

9.4      Clauses which, by their nature, are intended to survive termination of these Terms and the Listing Terms (if applicable), including clauses ‎5, ‎7 and ‎9.1, and clauses ‎12.6, ‎13, ‎15, ‎16 and ‎17.4 of the Listing Terms (if applicable),continue in force.

9.5      If any part or provision of these Terms or the Listing Terms (if applicable) is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms or the Listing Terms (as applicable).  The remainder of these Terms and the Listing Terms (if applicable) will be binding on you.

9.6      These Terms and the Listing Terms (if applicable) set out everything agreed by the parties relating to your use of the Website and the Service (if applicable) and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to theWebsite or the Service (if applicable) that is not expressly set out in theTerms and the Listing Terms (if applicable), and no such representation, warranty or agreement has any effect from the date you agreed to these Terms and the Listing Terms (if applicable).  

The Realness Listing Terms

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10       DEFINITIONS

In these Listing Terms:

Koha means the koha (a Te Reo Māori term meaning to offer, or a contribution) that you select when setting up an account to use theService or your Listing or as agreed otherwise in writing between you and us.

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Listing Details means all content and information (including personal information) about you and your business that you input to the Website.

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Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.  Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of theIntellectual Property.

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Membership Criteria means the criteria set out on the list my business page of the Website.

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Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.

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a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.

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personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.

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Public Content means content (including photos, video and audio) and information that is publicly available about you and your business, including via your website and your social media feeds such as Facebook, Instagram and Twitter.

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Start Date means the date that you first set up your account to use the Service or your Listing.  

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Underlying System means any network, system, software, data or material that underlies or is connected to the Service or the Website.

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User ID means a unique name and/or password allocated to you to allow you to manage your Listing.

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Year means a 12-month period starting on the Start Date or the anniversary of that date.

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Words in the singular include the plural and vice versa.

A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.

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11       PROVISION OFTHE SERVICE

11.1     We will use reasonable efforts to provide the Service in accordance with these Terms and applicable law.

11.2     Our provision of the Service to you is non-exclusive.  Nothing in these Terms prevents us from providing the Service to any other person.

11.3     Subject to clause ‎11.4, we will use reasonable efforts to ensure the Service and Website are available on a 24/7 basis.  However, it is possible that on occasion theService or Website may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.  

11.4    Through the use of web services and APIs, the Service and Website may interoperate with a range of third party service features. We do not make any warranty or representation on the availability of those features.  Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.

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12       YOUR OBLIGATIONS

12.1    You must provide true, current and complete information in your dealings with us(including when setting up an account or a Listing), and must promptly update that information as required so that the information remains true, current and complete.

12.2     Without limiting anything else in these ListingTerms, by applying to have your business listed on the Website, you warrant and represent to us that you meet the Membership Criteria, and will continue to meet the Membership Criteria for as long as your Listing is on theWebsite.  Failure to meet any of the Membership Criteria on application or subsequently is a breach of these Listing Terms.

12.3     So that we can promote your Listing, you grant us the right to access your website and social media feeds, copy Public Content and republish Public Content so that it is linked to your Listing.  

12.4     When accessing the Service and Website, you and your personnel must:

a           not impersonate another person or misrepresent authorisation to act on behalf of others or us;

b           not attempt to undermine the security or integrity of the Underlying Systems;

12.5     You must:

a           not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service or Website;

b           not attempt to view, access or copy any material or data other than:

i            that which you are authorised to access; and

ii           to the extent necessary for you to use the Service in accordance with these Terms; and

c           neither use the Service in a manner, nor provide any Listing Details, that breaches any third party right (including Intellectual Property Rights and privacy rights)or is Objectionable, incorrect or misleading.

12.6    You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that your Listing, anyListing Details or any Public Content infringes the rights of that third party(including Intellectual Property Rights and privacy rights) or is objectionable, incorrect or misleading.

12.7     You must, unless with our agreement, access theService via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

12.8     You must keep your User ID secure and:

a           not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

b           immediately notify us if you become aware of any disclosure or unauthorised use of yourUser ID, by sending an email to hello@therealness.world

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13       INTELLECTUAL PROPERTY

13.1    Subject to clause ‎13.2, title to, and all Intellectual Property Rights in, the Service, the Website, and all Underlying Systems is and remains the property of us (and our licensors). You must not dispute that ownership.

13.2    Title to, and all Intellectual Property Rights in, your Listing, the Listing Details and Public Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate your Listing, the Listing Details and Public Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.

13.3     If you provide us with ideas, comments or suggestions relating to the Service, Website or Underlying Systems (together feedback):

a           all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and

b           we may use or disclose the feedback for any purpose.

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14       KOHA

14.1     You must pay us the Koha for the first Year when you set up your account or Listing.  

14.2    We will continue invoicing you the Koha each Year until these Listing Terms are terminated in accordance with clause ‎17.1. 

14.3     You must pay or arrange payment of all amounts specified in any invoice by the due date for payment.  Where you have paid us any Koha using a credit or debit card, you authorise us to charge subsequent Koha using that credit or debit card, until these Terms are terminated in accordance with clause ‎17.1.

14.4     You are responsible for payment of all taxes and duties in addition to the Koha.

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15       WARRANTIES

15.1     To the maximum extent permitted by law:

a           our warranties are limited to those set out in these Listing Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise (including any warranty of merchantability or fitness for purpose) are expressly excluded and, to the extent that they cannot be excluded, liability for them is limited to NZD10; and

b           we make no representation concerning the quality of the Service and do not promise that the Service or your Listing will:

i            generate any traffic to your website or any sales or other form of business for you;

ii           meet your requirements or be suitable for a particular purpose;

iii          be secure, free of viruses or other harmful code, uninterrupted or error free.

15.2    You agree and represent that you are acquiring the Service, and accepting these Listing Terms, for the purpose of trade.  The parties agree that:

a           to the maximum extent permissible by law, no consumer protection laws apply to the supply of the Service or these Listing Terms; and

b           it is fair and reasonable that the parties are bound by this clause 15.2.

15.3    We make no representation or warranty that the Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Service is not illegal or prohibited, and for your own compliance with applicable local laws.

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16       TERM,TERMINATION AND SUSPENSION

16.1    Unless terminated under this clause ‎17, these Listing Terms and your right to use theService:

a           starts on the Start Date and continues for the First Year; and

b           continues for successive Years unless a party gives 10 days’ notice that theseListing Terms and your use of the Service will terminate at the end of a Year.

16.2    You can remove your Listing at any time from within your account log-in page.  If you do this, these Listing Terms and your right to use the Service will terminate immediately.  Please note however that it takes up to 10 days for a removal request to be processed into our billing run, so if you do this less than 10 days before the end of any Year we may still invoice you, and charge your credit or debit card, for the Koha for the following Year.  You will not be entitled to a refund of the Koha in these circumstances.  

16.3     Termination of these Listing Terms does not affect either party’s rights and obligations that accrued before that termination.

16.4    No compensation is payable by us to you as a result of termination of theseListing Terms for whatever reason, and you will not be entitled to a refund of any Koha that you have already paid.  

16.5     Without limiting any other right or remedy available to us, we may restrict or suspend your use of the Service or yourListing and/or delete, edit or remove your Listing or Listing Details and anyPublic Content published via the Website or using the Service if we consider that:

a           you do not meet the Membership Criteria; or

b           you or any of your personnel have:

i            undermined, or attempted to undermine, the security or integrity of the Service, Website or any Underlying Systems;

ii           used, or attempted to use, the Service for improper purposes;

iii          theListing, Listing Details or Public Content breaches or may breach these ListingTerms or any third party right (including Intellectual Property Rights and privacy rights), or is or may be Objectionable, incorrect or misleading; or

iv          otherwise materially breached the Terms or these Listing Terms.

16.6     On suspension or termination of the Service or your Listing, you must immediately cease using the Service and must not attempt to gain further access (except, in the case of a suspension, if and when we lift the suspension).

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