Last updated: 28 November 2007
- Intellectual property and restrictions on use of content on the network
- Communication facilities
- User licence
- Advertising, links to third party websites and e-commerce offers
- Disclaimer and limitation of liability
Intellectual property and restrictions on use of Content on the Network
The Network may from time to time contain communication facilities, which provide for feedback by users to MSN NZ, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
By providing the Communication Facilities MSN NZ does not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by users.
If you register to use the Communication Facilities you must provide accurate registration information. Your right to use the Communication Facilities is personal to you. You must not authorise others to use your registration details. You are responsible for everything recorded under your registration details.
It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following:
- restrict or inhibit any other user from using or enjoying any forum;
- post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- post or transmit any material of any kind which contains a virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
- download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
- run network scanning software or use open relay to distribute messages;
- create or use a false identity for the purpose of misleading others as to the identity of the sender or origin of any message;
- post or transmit any material which is encrypted or constitutes junk mail or spam, including sending unsolicited emails, bulk email or distribution to multiple discussion groups, distributing chain letters, pyramid schemes or hoaxes;
MSN NZ reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
User licenceuse, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
By placing any information or other material on the Network (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to MSN NZ a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of MSN NZ and any other party authorised by MSN NZ all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of MSN NZ, you will execute and deliver to MSN NZ such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Advertising, links to third party websites and e-commerce offers
The Network contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of MSN NZ and MSN NZ is not responsible for the contents of any linked website or any hyperlink contained in a linked website. MSN NZ provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by MSN NZ or its affiliates. You link to any such website entirely at your own risk.
The Network also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by MSN NZ or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by MSN NZ, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Disclaimer and limitation of liability
Legislation such as the Fair Trading Act or the Consumer Guarantees Act may confer rights and remedies on you in relation to the provision by MSN NZ of goods or services on the Network which cannot be excluded, restricted or modified ("Non-excludable Rights"). MSN NZ does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) MSN NZ and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) MSN NZ does not warrant that the functions contained in any Content or any Communications Facility or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) MSN NZ does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not MSN NZ) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content. MSN NZ reserves the right to change, delete or move any Content at any time without notice.
You must make your own assessment of the suitability of the Content for your own purposes. You are solely responsible for the actions you take in reliance on the Content on or accessed through this website.
Under no circumstances (including but not limited to any act or omission on the part of MSN NZ) will MSN NZ or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Network or any Content. You expressly acknowledge and agree that MSN NZ does not exert control over users of the Network (including individuals referred to on the Network as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, MSN NZ's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of MSN NZ to the following:
in the case of services supplied or offered by MSN NZ,
- the supply of the services again, or
- the payment of the cost of having services supplied again; and in the case of goods supplied or offered by MSN NZ,
- the replacement of the goods or the supply of equivalent goods,
- the repair of such goods,
- the payment of the cost of replacing the goods or acquiring equivalent goods, or
- the payment of the cost of having the goods repaired.
The trade marks displayed on the Network are trade marks of MSN NZ, its affiliates or of their respective owners. Nothing contained on the Network should be construed as granting any licence or right of use of any trade mark displayed on the site without the express written permission of MSN NZ, the relevant MSN NZ affiliate or third-party owner.
Microsoft Corporation: MSN, Hotmail, MSN Messenger, Live Search, Passport Network
This agreement will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.
Travel is a website about travel and travel destinations. The travel website contains a wide variety of information including sections entitled Hot Deals, Compare and Book, Tools, Videos and a Destinations section containing information on travel and travel destinations.
The travel website is made available to provide you with travel-related information and to enable you to determine the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with third party suppliers. MSN NZ does not offer any products or services itself other than providing you with the opportunity to purchase products or services from third party suppliers or carriers. MSN NZ does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, or fitness for purpose of any such products or services. Any purchase of products or services you may make through the travel website will be a separate contract with the third-party supplier of that product or service. Such purchases may be subject to separate terms and conditions imposed by the third-party supplier of those products or services. It is your responsibility to contact the relevant third-party carrier or supplier in order to find out the terms and conditions imposed by them on any transactions you may carry out.
Information on travel health is simply generic information and should not be treated as medical advice. MSN NZ does not give, or purport to give, any medical advice, and is not qualified to do so. You should never use or act on this information without first properly consulting, and seeking proper information and advice from, a qualified medical practitioner.
The Travel Tools area of the travel website contains planning articles giving details of numerous popular destinations, including passport and visa requirements, information on NZ weather, a currency converter, and links to a number of travel sites. Passport, visa and health requirements are the responsibility of all individual travellers. MSN NZ or its suppliers may assist in providing information, but this should be treated as a guideline only.
The Currency Converter provides a link to a convenient currency conversion utility. It provides illustrative calculations based on various publicly available sources. Rates are not verified, and the actual exchange rate that applies to any transaction into which you enter may vary depending on market fluctuation, your location and the relevant party who exchanges the currency for you. The information supplied by this application is believed to be accurate, but neither MSN NZ nor its suppliers warrant or guarantee such accuracy. When using this information for any financial purpose, you should consult a qualified professional to verify the accuracy of the currency rates.
The Compare and Book section provides you with the opportunity to make reservations and purchases of various travel-related products and services provided by third-party carriers or suppliers, including domestic and international travel, car rental, hotel bookings, package deals and the purchase of travel insurance. MSN NZ does not warrant the reliability of any links to any site of any third-party carriers or suppliers, and is not in any way responsible for, or liable for any failure in relation to, the communication from you to the third party of any reservation or purchase you may make with such a third party, or the confirmation of such a reservation or purchase. By reserving or purchasing any such products or services, you agree to abide by any terms and conditions of purchase imposed by any carrier or supplier with whom you elect to deal, including, but not limited to, the payment of all amounts due to such carriers or suppliers when due and the compliance with all rules and restrictions regarding availability of fares, products or services. You will be completely responsible for any and all charges, fees, duties and taxes arising out of your use of the travel website.
Prices displayed in the Compare and Book section are current at the time of issue, but may change at any time and are subject to availability. Prices quoted do not include additional fees or charges such as taxes, airport charges, booking fees or travel insurance unless expressly specified. MSN NZ does not in any way guarantee the availability of any product or service. Airline, car hire, travel insurance and hotel availability and conditions may change at any time. MSN NZ does not accept any responsibility for any travel product or service, rules or conditions that are incorrectly represented within the section. Routing restrictions and other special conditions may apply.
The Network contains electronic bulletin boards, chat rooms, video services and other user generated content which provide for feedback by users to msn nz, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("User Generated Content").
1. Your use of User Generated Content: It is a condition of your use of any User Generated Content and your access to the Network that you do not do any of the following:
(a) restrict or inhibit any other user from using or enjoying any forum;
(b) post or transmit any material:
(i) which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(ii) of any kind which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) upon the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights;
(iii) which you know (or reasonably ought to know) to be false, misleading or deceptive;
(iv) of any kind which contains a virus or other harmful component;
(v) or in any way exploit any material for commercial purposes or which contains any promotional material or advertising;
(vi) which is an invasion of any privacy or publicity rights; or
(vii) which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any other physical or mental disability
(c) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; and
(d) download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
2. MSN NZ's Rights
(b) MSN NZ retains the right and discretion to terminate your access to any User Generated Content if we believe you are abusing the service or breaching any of these terms or conditions.
(c) MSN NZ reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law, and in doing so you consent to us collecting and storing your IP address.
3. Disclaimer and Indemnities
(a) You acknowledge that the comments or opinions contained in the User Generated Content are not the comments or opinions of MSN NZ, and MSN NZ accepts no liability in relation to material posted including its content or accuracy.
(b) You agree to fully indemnify and hold harmless MSN NZ and its related entities against liabilities, claims, loss (including consequential loss) or damage incurred:
(i) due to your reliance on any User Generated Content;
(ii) as a result of material you post or as a result of any breach by you of these terms and conditions.