Terms & Conditions (‘Terms & Conditions’)of Use

1. Acceptance of terms and conditions:

By using this Site, you agree to these Terms & Conditions, which may change from time to time.

We will notify all Supporters when new features are added to the TheFacts Site.

2. Amendment of Terms and Conditions:

You are responsible for ensuring that you are familiar with the latest Terms and Conditions and are deemed to have read the latest version of the Terms and Conditions from time to time.

Your continued use of the Site represents your agreement to be bound by the Terms and Conditions as amended.

3. Terminology: In these terms and conditions, the following expressions have the meanings set out:

“Supporter” means a person who has registered their details as a supporter of TheFacts. A ‘Supporter’ is deemed to be anyone who registers by providing their email and contact details through the Site, requesting to be added to TheFacts’ database.

“Contributor” means a person who contributes a Fact or information that might be used by TheFacts to publish a new Fact.

“Site” or “Site” means the website known as “TheFacts.nz” or any website containing the letters “TheFacts” as may be presently registered by TheFacts as a domain name at the date of this Agreement or may be registered by the TheFacts from time to time.

“Webpage” means the home page in the Site known as “TheFacts.nz”.

“we” , “us” and “our” are a reference to TheFacts, the publisher, or anyone else engaged in providing this Site or compiling information for it.

“you” and “your” are a reference to you.

4 Liability:

TheFacts accepts no responsibility for decisions made as a result of using any of the information provided on this Site.

To the extent permitted by law, none of TheFacts, the publisher, or anyone else engaged in providing this Site or compiling information for it, accepts any liability for inaccuracies, or for any loss or damage which may result directly or indirectly from the use of the Site or any error in, or omission of, information on the Site, irrespective of the cause.

4.1 Deletion of Supporters:
TheFacts reserves the right to delete any Supporter or visitor at any time for any reason, including restricting access to the Site where possible, if deemed appropriate by TheFacts.

4.2 Accuracy of Information:
We have made all reasonable efforts to keep the information on this Site as accurate as possible and ensure that the availability of the Site is continuous and fault-free. However, all information is either sourced from the public domain or is provided by the Site named, and there are risks – outside our control – that information may be recorded incorrectly or omitted from the Site or that the Site may not be available.

4.3 Software Updates:
TheFacts will install software updates to the Site as they become available.  No system is perfect and there can be vulnerabilities that can be exploited despite our best efforts. TheFacts cannot guarantee that the Site will be secure at all times and from cyberattacks despite our efforts.

4.4 No Advice:
Nothing on this Site constitutes financial or other advice. TheFacts provides this free service to the public on an ‘as-is’ basis without representation to accuracy or suitability for any particular purpose.

4.5 Transactions:
Transactions and all other contact between you and other visitors and supporters are conducted entirely at your own risk. You agree that TheFacts takes no responsibility or liability for any misconduct of any of its visitors or Supporters including, without limitation, Supporters that have registered under false pretences or who attempt to defraud you.

You expressly understand and agree that:

1. your use of the Site, information and services is at your sole risk. The Site and services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, TheFacts 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;
2. TheFacts does not warrant that:-
3. i) the services provided will be uninterrupted, timely, secure, or error free, or
4. ii) that any information provided on the Site is error-free or reliable;

4.6 No Health or Medical Advice:

The health and wellness information and data on this Site or in any TheFacts email is for informational purposes.  It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a doctor or nurse. TheFacts assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied in the content.

4.7 Indemnity:

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions or your failure to complete a transaction.

4.8 Breach by you:

Without limiting any other rights and remedies available to TheFacts, TheFacts may limit your activities on the Site, warn other visitors and supporters of your actions, issue a warning to you, suspend or terminate your access, or refuse to provide our services to you if you breach these terms and conditions or where TheFacts considers it appropriate.

5. BECOMING A SUPPORTER OR CONTRIBUTOR

5.1 If Registered:
If you register as a Supporter with TheFacts, you agree to receive emails with relevant updates, which you can opt out of by unsubscribing when you receive communications anytime. You can contact TheFacts via the Support channel at any time to request to be unsubscribed.

5.2 Accurate Information:
You warrant that you have provided complete, accurate and current personal information when registering as a Supporter or offer content as a Contributor. You must maintain and update your personal information held by TheFacts to ensure it is kept current at all times.

You must not register as a Supporter under multiple identities or personas (whether false or not). TheFacts may contact you to verify these details.

5.3 Termination of you as a Supporter or Contributor:

TheFacts reserves the right to decline to register or to terminate you as a Supporter without entering into further discussions with you. Without limiting the foregoing, TheFacts may terminate you as a Supporter if a serious complaint or multiple complaints are received about you from other Supporters, you breach these terms and conditions, you impersonate another Supporter, you re-register on you have had your Supporters ‘status terminated or we, at our sole discretion, deem your behaviour to be unacceptable. Supporters who have registered under multiple aliases will have all of their aliases and Supporter contacts disabled.

6. GENERAL RULES

6.1 General

(a) All communications made through TheFacts shall be made in good faith.

(b) You must not attempt to damage, interfere or harm the Site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the Site or information feature on it for any purpose.

(c) TheFacts Supporter or Contributor ‘status’ is not transferable and therefore cannot be sold or traded.

6.2 Rules relating to offering material to be published on TheFacts

In accepting any material including electronic material or data for publication, and in publishing it we are doing so in consideration of and relying on the Supporter or Contributor’s express warranty, the truth of which is essential:

6.2.1 That the material does not contain anything:

(a) that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Fair Trading Act 1986.

(b) that is defamatory or indecent or which otherwise offends against generally accepted community standards.

(c) that infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights.

(d) that breaches any right of privacy or confidentiality

(e) that breaches any provision of any statute, regulation, by-law or other rule or law, and

6.2.2 Publication of the material will not give rise to any liability on our part or in a claim being made against us in New Zealand or elsewhere.

6.2.3 The Contributor agrees to indemnify us against all losses or costs arising directly or indirectly from publication of the material, and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.

6.2.4  We may edit or refuse to publish material at any time if we consider it to be unauthorised, in breach of our policies, misleading, offensive, defamatory, illegal or detrimental to the standing of our Site in the community.  We may also refuse to publish, or withdraw material from publication without having to give a reason.

6.2.5 We may publish the material at a time different from that originally agreed.

6.2.6 We may correct or amend material to conform to style or for other genuine reason as long as we do so using reasonable care.

6.2.7 The positioning or placing of any material within the electronic database is at our discretion except where specifically agreed in writing.

6.2.8 The Contributor must tell us as soon as possible if there is an error or omission in any material the Contributor has supplied.

6.2.9 We will not be liable for any indirect or consequential loss (which includes loss of revenue or profit) from an error or omission in material published, or for failure to publish, whatever the reason for the error. If we are found to have any direct liability to our customer in any circumstance that liability is limited to the cost of the contributing space for the relevant material in the Site.

7 GENERAL PROVISIONS

7.1 Resolution of disputes:

As TheFacts is not a party to any transaction between you and another Supporter, you agree not to involve, or attempt to involve, TheFacts in any dispute or in the resolution of disputes that arise between you and another Supporter as a result of the services provided.

7.2 Force Majeure:

TheFacts has no liability for any lack of performance, unavailability or failure of the services or the Site, or for any failure of TheFacts to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of TheFacts.

7.3 No Waiver:

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

7.4 Partial Invalidity:

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

7.5 Governing Law:

These terms and conditions are governed by the laws of New Zealand . You submit to the exclusive jurisdiction of the Courts of New Zealand .

7.6 Intellectual Property Rights:

TheFacts (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the Site.

You may without our prior written permission, in any form or by any means copy, distribute, print, display, perform and publish individual Facts & Fact graphics from any part of this Site provided you do not alter the information if it’s being attributed to TheFacts.  You must credit all sources listed on each individual Fact graphic, if TheFacts has credited a source also.

You may not without our prior written permission, in any form or by any means commercialise or on-sell any information, or items obtained from any part of this Site.

7.7 Entire agreement:

These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these Terms and Conditions.

7.8 Specific Agreement will prevail

Where a Supporter or Contributor has entered into an agreement with TheFacts (“Specific Agreement”) then any conflicting provisions of that Specific Agreement shall prevail over this Agreement, except where particular matters are not dealt with in the Specific Agreement and in that case, this Agreement shall prevail.

7.9 Refusal to publish etc.
We may refuse to publish, or withdraw material from publication without having to give a reason.

Please review our Privacy Policy via the link at the footer of the Site.