Terms and Conditions

My Kiwi Wedding is a wedding and lifestyle website that creates and produces wedding and lifestyle contents.

My Kiwi Wedding at https://mykiwiwedding.co.nz is operated by BLT Enterprise Limited. The use of the My Kiwi Wedding website is subjected to the terms set out in this document. If you do not agree to this Terms of Use, you must stop using the My Kiwi Wedding website immediately.

My Kiwi Wedding reserves the rights to update and modify this Terms of Use at any time and such changes will take effect immediately. We strongly advise you to keep up-to-date with any changes to this Terms of Use so that you are aware and understand the latest terms and conditions whenever you are using the My Kiwi Wedding website.

If you are under the age of 18 years old, please only use the website under the supervision of a parent, legal guardian, or other responsible adult.

No advice or information that is obtained by you from us or anyone else shall create any warranty by us that is not expressly stated in these terms and conditions.

We may transfer our obligations pursuant to this website and these terms of use to any person including a related company (as defined under the New Zealand Companies Act 1993) without notice to you. If this process was to take place, then we will not be liable for any act or omission by any transferee arising in relation to these terms of use after such transfer.

 

These Terms of Use were last updated on the 27th April 2017.

Definitions

In these terms and conditions, the following terms are used:

    • “We”, “Us”, “Our” refers to BLT Enterprise Limited
    • “My Kiwi Wedding”, “Website”, refer to the website https://mykiwiwedding.co.nz/
    • “Member” refers to anyone who has registered an account on the My Kiwi Wedding website
    • “User”, “You” means any person or entity who uses any part of Our Website, whether or not the person or entity has registered to be a Member of My Kiwi Wedding
    • “Post” means to place onto or into Our Website any content or material of any sort, by any means.
    • “Content” means all textual, visual or aural content that is encountered as part of the user experience on Our Website. It may include, among other things: text, images, sounds, videos, and animations. It includes content Posted by You. It does not include content that is solicited by Us either for maintenance of customer records or with a view to submission to third parties in the course of Our business.
    • “Contribution” means Content Posted by You
    • “Intellectual Property” means intellectual property owned by Us, of every sort, whether or not registered or registrable in any country, including property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, compilations, creations and inventions, together with all rights which are derived from those rights.
    • “Our Data” means data which is made available to You on Our Website, even if not owned by Us.
    • “Our Site” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by Us. It includes all of the hardware and software installations that enable our Website to function.
    • “Services” means all services available from Our Site, whether free or charged.
    • “Vendor” refers to any wedding business owner or manager who has the necessary legal authorizations to list the wedding business on My Kiwi Wedding.

 

Copyright of Content

There are two types of Contents on My Kiwi Wedding, ones that have been created by My Kiwi Wedding (My Kiwi Wedding Content), and ones that have been submitted by You, Vendor and other Third Party.

Copyright of Content generated by My Kiwi Wedding

My Kiwi Wedding Content and BLT Enterprise Ltd (and its licensees or suppliers, as the case may be) own all proprietary and Intellectual Property rights of all designs, pictures, logos, photographs and content on Our Site that have been CREATED for and owned by or licensed to My Kiwi Wedding. They are protected by copyright, trademarks, and other Intellectual Property rights. Such content cannot be copied, reproduced, modified, or used in any way without the written permission of BLT Enterprise Limited. This clause does not apply to Content Posted by You, Vendor and other Third Party.

Copyright of Content Posted by You

My Kiwi Wedding does not claim and/or entitled to any ownership rights in the images, photos, videos, sounds, files, texts, musical works, works of authorship, or any other materials (Your Contribution) that you Post on My Kiwi Wedding.

You must represent and warrant that you own the Content you Post on My Kiwi Wedding, or if not, you have sufficient title or right and interest in and to such Content to authorize or grant My Kiwi Wedding the licenses and rights set forth below without infringing, misappropriating or violating the copyrights, contract rights, intellectual property rights, privacy rights, publicity rights and any other rights of any person.

By Posting your Contribution to My Kiwi Wedding, you agree to pay for all fees, royalties and any other monies any person/s by reason of any Contribution submitted by you to My Kiwi Wedding.

After submitting your Contribution to My Kiwi Wedding, you continue to retain such title and right in such Contribution as you held prior to submitting such Contribution on My Kiwi Wedding and you continue to have the title and right to use your Contribution in any way you choose.

However, note that by publishing any of your Contribution on My Kiwi Wedding, you hereby authorize and grant My Kiwi Wedding a royalty-free, non-exclusive, perpetual, sublicensable, transferable, worldwide license to use, reproduce, adapt, display, modify, distribute and re-arrange your Contribution through any media now known or developed in the future.

This license will allow us to provide the My Kiwi Wedding website or its publications. For example, the license you grant is royalty-free (meaning that My Kiwi Wedding is not required to pay You for the the use of the Content that you Post), non-exclusive (meaning you can license the Content to anyone else), worldwide (meaning anyone in the world can view your Content, because the Internet  is global in reach), sublicensable (meaning My Kiwi Wedding is able to use its affiliates and subcontractors to display and promote the Content that you Post).

Images and videos used on My Kiwi Wedding will include attribution to the photographer, videographer and/or copyright holder.

This license will terminate at the time we have removed your Contribution from My Kiwi Wedding, except as to any Contribution that My Kiwi Wedding has sublicensed before the removal of your Contribution from My Kiwi Wedding, which in this case, shall continue in perpetuity. Please send a request to infor@mykiwiwedding.co.nz to remove a particular Contribution. We will do our best to remove the Contribution(s) listed immediately.

Licence to use My Kiwi Wedding

Unless otherwise stated, We or Our licensors or the Copyright Owners own the Intellectual Property rights for the Website and materials on the Website. Subject to the license below, all these Intellectual Property rights are reserved.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in this Terms of Use.

You may share Our Content via social media.

Without Our written permission, You must not:

      1. republish any material from this Website (including but not limited to republication on another website);
      2. sell, rent or sub-license any material from this Website;
      3. reproduce, duplicate, copy or otherwise exploit any material on this Website for a commercial purpose;
      4. edit or otherwise modify any material on this Website; or
      5. redistribute any material from this Website [except for Content specifically and expressly made available for redistribution; for example, our newsletters].

Warnings and Explanations

You use Our Site at your own risk.

Our Site and Our Services are provided “as is”.

We make no warranties as to the accuracy of the Content on the Website or that any Content is fit for purpose, safe or suitable for your requirements. Our Content is intended for entertainment purposes only and is not intended to constitute professional advice. We do not moderate or censor any Content Posted by Users on Our Site. If We decide to remove any Content, We do not have to give You the reason why We have done so.

Our Site contains Content Posted by many people. By its very nature, other people’s information may be offensive, harmful, incomplete or inaccurate.

Access to and use of Our Site may be unlawful in some countries by some people.

We have no liability for your interactions with Users of the site. We reserve the right, but have no obligation, to monitor disputes between you and other Members or Users.

You cannot rely on a person who he claims to be or that he is acting honestly. Beware of dealing with strangers and children. We require our Users to be over the age of 18, but that may not prevent younger children and people with malicious intents from coming across Our Site and using it fraudulently.

Our Site contains links to other Internet websites. We have neither authority nor control over any such linked website. You acknowledge and agree that We shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such linked website or from your buying services or goods via such a linked website.

Our Site may contain advertisements for goods, services or information. We do not investigate the value or usability of any goods or services advertised nor the commercial integrity of any advertiser.

We may modify or discontinue this Website, with or without notice to You. You agree that We will not be liable to You or any third party as a result of such modification or discontinuation.

Disclaimers and Limitation of Liabilities

The law differs from one country to another. This paragraph applies so far as the applicable laws allow.

All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this subparagraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

Any usage of the My Kiwi Wedding website will be at your own risk.

Our Site and Our Services are provided “as is”. We make no representation or warranty that any Service will be:

      • useful to You;
      • of satisfactory quality;
      • fit for a particular purpose;
      • available or accessible, without interruption, or without error.

We make no representation or warranty and accept no responsibility in law for:

      • the accuracy of any Content or the impression or effect it gives;
      • the delivery of Content, material or any message; the privacy of any transmission;
      • third party advertisements which are Posted on Our Site or through Services;
      • the conduct, whether online or offline, of any User of Our Site or Services;
      • the failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of Our Site or Services;
      • the loss or damage resulting from your attendance at an event organised through Our Site or Services;
      • any act or omission of any person or the identity of any person who introduces himself/herself to You through Our Site or Services;
      • any aspect or characteristic of any goods or services advertised on Our Site.

We claim no expert knowledge in any subject. We disclaim any obligation or liability to You arising directly or indirectly from Content You find on Our Site.

We take no responsibility and accept no liability, without limitations, for any misconduct of any User, including but not limited to misrepresentation of properties or fraudulent behaviours.

To the maximum extent permitted by law, BLT Enterprise Limited disclaims any and all liability to You, under any circumstances (including, but not limited to, negligence), for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits, loss of savings, loss of opportunity, or personal injury and damage to property) suffered by you, or anyone else, arising from the direct or indirect use of the My Kiwi Wedding website and/or any services provided by BLT Enterprise.

If, notwithstanding these Terms of Use, You agree that in any circumstances when We may become liable to You, the limit of Our liability is the amount that You have paid us in the immediately preceding [12 month] period for the Service/s concerned.

Should You become aware of any breach of any term of this agreement by any person, please tell Us. We welcome your input but do not guarantee to agree with your judgment.

You Indemnify Us

You agree to indemnify Us against all costs, claims, and expenses arising directly or indirectly from:

      • your failure to comply with the law/s of any country; your breach of this agreement;
      • any act, neglect or default by any agent, buyer, licensee or customer of yours;
      • a claim in contract or tort, arising from your use of Our Site or Services
      • any Content You place on your own website which causes loss to Us;
      • any Content you Post to Our Site;
      • any data You send or upload to Our Site for storage or any other purpose;
      • a breach of the Intellectual Property rights of any person;
      • your failure to conform to any relevant Internet protocol;
      • any action taken or omitted by any third party in relation to Our Site;
      • any use of Our Site for a purpose forbidden by this agreement.

Content on My Kiwi Wedding

You understand and agree that We disclaim all liabilities related to Content Posted on the Website, whether arising under Intellectual Property laws, libel, privacy, obscenity, or otherwise.

If You Post a Content to any public area of Our Site, it becomes available to all the World. We have no control over who sees the Content nor what anyone does with it. It is important that each Content that You Post is accurate and complete, but you should avoid Posting unnecessary confidential information.

We reserve the rights, at any time and at Our discretion, to edit or remove any Content submitted to the Website that We consider to be unsuitable or inappropriate, not up-to-date, misleading, untrue, or contrary to any law.

You must not Post any Content that is copyrighted unless You are a copyright owner or have the permission of the copyright owner/s to Post it. You understand that You are personally responsible for any breach of Intellectual Property rights, defamation, or any laws, which may occur as a result of You Posting a Content on the My Kiwi Wedding website.

You agree that by Posting and uploading your Content onto the My Kiwi Wedding website, You automatically grant BLT Enterprise Limited, and You represent and warrant that You have the right to grant BLT Enterprise Limited, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, adapt, modify, distribute, to have distributed and promoted said Content, and to grant and authorise sub-licenses of the foregoing.

You must not solicit Our Members or Users via the Website for any products or services. Attempts to solicit Our Members or Users may result in suspension or termination of your membership at Our discretion.

Content and Advertisements for Third Parties

The My Kiwi Wedding website may contain advertisements that may contain links and Content from other websites and resources. You acknowledge and agree that We are not responsible for any Content, advertised products, and/or services, or any other materials on or available from these sites or resources.

Terms of Use Particular to Wedding Vendors

Weddings Vendors are invited to Post a Wedding Business on My Kiwi Wedding website. You must comply with all New Zealand laws and legal requirements relevant to the operation of the Wedding Business which You Post and advertise on the Website. You can only list a Wedding Business if You have the legal authority to do so.

You understand and agree that the Website is only an online platform that connects You with the public. We are not a party to any agreements and/or transactions between You and any Members or Users.

You agree to pay the required fees, if applicable, as requested by My Kiwi Wedding for the Service of listing a Wedding Business on the Website. We reserve the rights to change the fees charged for the listing Service at any time. Our fees are shown in New Zealand dollars and are inclusive of GST. Fees paid for the listing Service are non-refundable and, cancellation and/or termination of the Service agreement by You or Us at any time for any reason will not entitle You to a refund of fees paid for the Listing Service.

Fees Payable for Services on My Kiwi Wedding

The fees payable for Services are clearly set out on Our Site.

Fees are inclusive of any applicable goods and services taxes (GST) or other sales taxes.

All monetary remunerations by You to Us are non-refundable and, cancellation and/or termination of the Services Agreement by You or Us at any time for any reason will not entitle You to a refund of monies paid.

Security of Our Website

If You violate Our Site or use it unlawfully or immorally, we will take the strongest action against You that We can. By breaching this provision, You would commit a criminal offense under the New Zealand Crimes Act 1961. Your action may also be unlawful in other countries and under other legislations, where You may accordingly be subject to extradition and/or criminal proceedings.

You now agree that You will not, and will not allow any other person to:

      • modify, copy, or cause damage/s and/or unintended effect/s to any portion of Our Site, or any software and/or codes used within Our Site;
      • link to the Website in any way that would cause the appearance or presentation of the Website to be different from what would be seen by a User who accessed the Website by typing the Web site's URL into a standard browser;
      • download any part of the Website, without our express written consent;
      • collect or use any information obtained from or about Our Site or its Content except as permitted by this Terms of Use;
      • aggregate, copy or duplicate, in any manner, any of the Content or information available from Our Site, other than as permitted by this Terms of Use or as is reasonably necessary for your use of the Services provided;
      • use, for any purpose, Our name, any proprietary information (including but not limited to images, text, codes, page layout, or form) of Ours or of Our affiliates in any way but in particular to entice search robots to some other website;
      • use Our Site to hack into the computer of any other person or entity, or make contact with any other computer;
      • make available, upload or distribute, by any means, files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
      • make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupted data, Trojan horses, worms or any other harmful software;
      • upload or republish any part of our Content on any Internet, intranet or extranet site.
      • share with any third party any login credentials relating to Our Site;
      • use, on Our Site, software which assists in:
        1. data mining, extraction or collection;
        2. emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Our Site;
        3. “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
        4. performing any automated operation;

Despite the above terms, We now grant a license to You to:

      • create a hyperlink to Our Site for the purpose of promoting an interest common to both parties. You can do this without specific permission. This licence is conditional upon You not portraying Us or any of Our products or Services in a false, misleading, derogatory, or otherwise offensive or objectionable manner. You may not use any logo or other proprietary graphic or trademark of Our Site as part of the link without our express written consent;
      • copy the text of any page for your private personal use in connection with the purpose of Our Site or a Service that we provide.

Storage of Data

We maintain reasonable procedures for general backup of Our Data for Our own purposes but We give no warranty that your data will be saved or backed up in any particular circumstances unless We have made specific contractual arrangements with you in writing.

Termination

If You or We terminate your account, all your account information may be deleted from Our servers.

You may terminate this agreement at any time, for any reason, with immediate effect. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to You, without refunding to You any fees paid, if We decide at Our absolute discretion that You have failed to comply with any of the Terms of Use set out in this agreement.

Termination by either party shall have the following effects:

      • your rights to use any Services that are available for Members only immediately ceases;
      • we are under no obligation to forward any unread or unsent messages to You or any third party;
      • there shall be no reimbursement or credit given for any fees that have already been paid if the Service is terminated due to your violation of the Terms of Use set out in this agreement.

Interruption to Services

You acknowledge that the Services may also be interrupted for many reasons beyond Our control. You agree that We are not liable to You for any loss, foreseeable or not, arising from any interruption to Our Services.

Intellectual Property

You agree that at all times You will:

      • not do anything which does or might reduce the value of Our Intellectual Property or challenge Our ownership of it;
      • notify Us of any suspected infringement/s of Intellectual Property rights;
      • so far as concerns software provided or made accessible by Us to You, You will not:
        • copy, or make any change to any part of its code;
        • use it in any way not anticipated by this agreement;
        • give access to it to any person other than You;
        • in any way provide any information about it to any other person or generally in the public domain.
      • not use the Intellectual Property except directly in Our interest.

Miscellaneous matters

You undertake to provide to Us your personal information, as often as they are changed, together with all information that We may require to enable Us to fulfil Our obligations under this agreement.

The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

If You are in breach of any term of this agreement, We may:

      • publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between Us and Our respective advisers; and You now irrevocably give your consent to such publication;
      • terminate your account and refuse access to Our Site;
      • remove or edit Content at Our discretion;
      • issue a claim in any court.

Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

You agree that We may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to You.

In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

This agreement does not give any right to any third party, except that any provision in this agreement which excludes or restricts the liability of Our directors, officers, buyers, subcontractors, agents and affiliated companies.

Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, [including any labour dispute between a party and its business associates].

In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

Each party shall bear its own legal costs and other costs and expenses arising in connection with the negotiation and drafting of this agreement.

Resolution of disputes

As specified in our Terms of Use, BLT Enterprise Limited is not party to any rental transaction and/or agreement between You and another User or Member, You agree not to involve, or attempt to involve, Us in any dispute or in the resolution of disputes that arise between You and another Member or User as a result of the Services provided and Your use of the Website.

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 nor indicate any intention to reduce that or any other rights in the future.

Partial Invalidity

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid, unenforceable or illegal for any reason, and in any respect, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, invalid, unenforceable or illegal and it shall be binding in that changed or reduced form. Any provision which cannot be minimally changed or reduced shall be severed from the remaining terms and conditions, which shall continue in full force and effect. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

Governing Laws

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

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.

System Integrity

You agree to use My Kiwi Wedding website “as is” and as availability permits and your use of Our Services is at your sole risk. We take no responsibility for any system unavailability, interruption, or for any losses incurred as a result of Our Site or Services being unavailable. We do not warrant the Website is error free or reliable.

Data Protection and Privacy

Any details that You provide to Us from which We can identify You, are held and processed in accordance with Our Privacy Policy.