Agreement to these terms
Intellectual Property Rights
IP rights in Website: YNZ (and YNZ's licensors or suppliers, as the case may be) own all the intellectual property rights in the Website, including all of the content of the Website (such as text, graphics, logos, icons and sound recordings) and all software code underlying and forming part of the Website.
Your right to use the Website: You may not without YNZ's prior written permission, in any form or by any means:
- a) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create adaptations from any part of the Website (including the content of the Website); or
- b) commercialise, copy, or on-sell any information, or materials obtained from any part of the Website (including the content of the Website).
Our right to use your content: When posting or uploading any content to the Website or making contact with other users of the Website:
- a) you agree that any such content may be used, copied, distributed or disclosed by YNZ at any time in any form and for any purpose;
- b) you warrant that all information is correct and up to date, and are responsible for ensuring that it remains so; and
- c) you warrant that you own any intellectual property rights in such content.
YNZ Website account
By creating an online account with the Website you agree that the information you provide is accurate and not misleading. You must maintain and update the information held by us to ensure it is kept current at all times. We may email you to verify these details. You must not create online accounts under multiple identities or personas (whether false or not). You are required to supply your legal first name and last name. By creating an online account, you warrant that you can form a legally binding contract and that, if you are a natural person, you are of the age of majority in the jurisdiction that you are resident in.
Communication: By providing an email address to us, you consent to receiving electronic communications from YNZ, including account status updates, order status updates, promotional and marketing materials and YNZ newsletters. You may unsubscribe from any YNZ newsletter by clicking on "unsubscribe" at the bottom of the relevant newsletter.
Security of your login information: Once you register on the Website, you must keep all usernames and passwords secure and confidential and must not disclose them to any third party. You must take reasonable care to:
- a) choose a password that is a secret known only to you which cannot be easily guessed;
- b) not disclose your password to anyone;
- c) not allow anyone to see your password or have the opportunity to see it or record it when you enter it on a computer; and
- d) change your password at regular intervals.
Compromise of passwords: You must immediately change your password and notify us if:
- a) you believe the secrecy of your password or the security questions which you answered has been compromised; or
- b) you become aware of any unauthorised use of your username or password.
Effect of using username and password: You agree that YNZ is entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to the Website and that YNZ may do so without further enquiry.
Responsibility for membership: You are responsible for any actions taken through your membership. Memberships are not transferable and therefore cannot be sold, leased, lent, or traded.
Privacy Settings: It is the user’s responsibility to set the privacy settings for the account. YNZ takes no responsibility for the publication of your contact details through your account.
YNZ Rights: YNZ reserves the right to limit your activities on the Website, issue a warning to you, deactivate your account, terminate your account or co-operate fully with any law enforcement authorities or court order requesting or directing YNZ to disclose the identity of anyone posting any content on the Website without prior notice at any time. Cause for deactivation shall include, but is not limited to;
- b) requests by NZ Police or other government agencies;
- c) discontinuance or material modification to the Website (or any part thereof);
- d) unexpected technical or security issues or problems;
- e) extended periods of inactivity;
- f) engagement by you in fraudulent or illegal activities; and/or
- g) non-payment of any fees or other amounts owed by you to YNZ.
Compliance with law: You agree to use the Website in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of the Website.
Specific prohibitions: In particular, and without limitation, you agree not to:
- a) damage or harm the Website, or any underlying or connected network or system;
- b) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Website or content featured on it for any purpose;
- c) introduce any viruses, content or code to the Website which is technologically harmful;
- d) use the Website to do anything unlawful, misleading, malicious, or discriminatory;
- e) do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;
- g) upload or post any content on the Website (or use the Website to transmit any communication) which is in our view illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable.
- h) send or otherwise post unauthorised commercial communications (such as spam) on the Website;
- i) engage in unlawful multi-level marketing, such as a pyramid scheme on the Website;
- j) solicit log in information or access an account belonging to someone else;
- k) bully, intimidate, or harass any user/member of the Website;
- l) offer any contest, giveaway, or sweepstake on the Website without obtaining our permission. If we consent, you take full responsibility for the contest, giveaway, or sweepstake, and agree to comply with all applicable laws, or attempt to do any of the above.
Linking: You may create a hyperlink to the Website from another website. However, this link must not be presented in any way that implies that the Website has an association with the other site, or endorses that site or the products available on or through that site. Neither YNZ's name, nor any of YNZ's logos may be used on any other site without YNZ's written consent. If you create a hyperlink text to the Website, you are responsible for all direct and indirect consequences of the link.
- a) to provide you with products and services;
- b) to provide you with information (including promotional material and news);
- c) to contact you for feedback;
- d) to improve or update this website and our information and services;
- e) to analyse usage of this website.
- f) to communicate with you (including via post and email); and
- g) for research purposes.
YNZ reserves the right to disclose any information on individuals, boats and organisations to the following where requested in writing;
Maritime New Zealand;
NZ Marina’s; and
- NZ Police.
Individuals and organisations have the right to access and update the information held regarding them on the YNZ CRM and CMS at any time. Individuals and organisations have the right to request that personal information no longer be held in the YNZ CRM and CMS. All requests must be received in writing either by email, fax or mail.
If you provide to YNZ personal information of any other people, it is your responsibility to ensure that those other people have agreed to their details being displayed on the Website and used by YNZ as set out above.
Online Store: The information provided as part of the checkout process is used for the purposes of fulfilling your order only. YNZ does not store your credit card number, as it is processed directly with YNZ's payment processor and bank.
Boat Registration: By registering your boat with YNZ you agree to your information being held on the YNZ CRM and for the following information to be published on the Website;
- boat name;
- sail number;
- owner name;
- boat location (region only);
- handicap information; and
- race history.
Safety Certificates: YNZ reserves the right to disclose if a boat has a valid Safety Certificate, when an enquiry is received in writing from;
- a YNZ Qualified Race Officer;
- a YNZ Affiliated Club;
- Maritime NZ;
- NZ Coastguard; or
- NZ Police.
YNZ Qualifications: By becoming a current YNZ qualified coach and/or official you agree to the following information being published on the YNZ website; email and mobile contact details. YNZ reserves the right to provide primary contact details (email, mobile) to Affiliated Organisations where requests are received in writing.
Ordering and purchasing
Offer only available in New Zealand: Unless stated otherwise, any information contained on the Website does not constitute an offer in any jurisdiction other than New Zealand.
No guarantee products and courses will be available: YNZ will make every effort to fulfil orders placed using the Website but YNZ does not guarantee that the products and services advertised will always be available.
Right to adjust price: YNZ will make reasonable endeavours to ensure that the descriptions and prices for the products and services shown on the Website are accurate and up-to-date. However YNZ reserves the right to adjust the actual price charged if the prices shown are incorrect, and to vary the prices and product and services descriptions at any time and without notice.
Consumer Guarantees Act 1993: You agree that, where you acquire products or services from YNZ for the purposes of a business, any provisions of the Consumer Guarantees Act 1993 which would otherwise apply to the supply by YNZ of those products or services do not apply.
Title and risk: Title to all products supplied to you will be retained by YNZ until payment in full is received by YNZ. All risk of loss of, or damage to, the products passes to you on delivery of the products to you.
Method of Payment: Payment may be made by credit card or direct credit. If you elect to pay by direct credit and credit the money to the incorrect bank account, then YNZ will not accept any responsibility for correcting payment and the goods will not be dispatched by YNZ until YNZ has received payment in full (subject to the specific terms set out below).
Course Payment Terms: Individuals on scheduled courses: All applicable course fees must be paid in full to secure placement and admission to the course.
Affiliated Organisations on scheduled courses: Written authorisation is required to secure an Individuals place on a course. You will be invoiced directly for the full course registration fee.
Tax and other Charges
GST: For all orders delivered to New Zealand addresses, all prices are inclusive of goods and services tax (as defined in the Goods and Services Tax Act 1985). If your order ships to a delivery address outside New Zealand, no New Zealand goods and services tax will be charged.
Customs and Duties: For any orders shipped or provided to persons outside New Zealand, the person who ordered the product or service is the importer or records and will be responsible for all customs and import duties and sales tax charges. These charges vary in each country and are outside YNZ's control. Contact your local Customs office for more information on what import duties or sales taxes may be imposed.
Delivery Costs: All prices displayed on the Website are exclusive of any packaging and delivery costs, which will be added by YNZ and payable by you.
Refunds where applicable will only be made to the person or organisation that made the original payment.
Books and Printed Resources: No returns, no refunds.
Course Registration: Cancellations must be received in writing at least 2 weeks (14 days) prior to the start of the course to receive a full refund. If notice of the cancellation is shorter than 2 weeks (14 days) no refund will be available except where courses are cancelled, or rescheduled by YNZ. An administration fee of $20 will be charged on all refunds, with the balance of your payment returned.
YNZ reserves the right to cancel or reschedule courses if necessary. Every effort will be made to give attendees no less than 5 working days' notice of cancellation. YNZ will not be responsible for any costs incurred due to a cancelled or rescheduled course.
Coach Recognition of Prior Learning: No refund is available, except at the discretion of YNZ.
Boat Registrations & Handicap Applications: No refund is available, except at the discretion of YNZ.
Delivery Estimates: YNZ makes every effort practical to ensure that delivery timeframes given are accurate. However, the delivery times stated for product assume that the stock is available and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold YNZ liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated timeframe.
Addressing: If an order is sent to the wrong address through the fault of YNZ, YNZ shall be responsible for redelivery, replacement or refunding of the product. If you have provided an incorrect address, YNZ shall not be responsible for any redelivery, replacement or refunding of the product.
Information should be treated as a guide only: The information provided on the Website should not be your only source of information when you are making yachting related decisions. They should be treated as a guide only. Use the Website as a starting point and then seek independent professional advice.
Advertisements and links: Responsibility for the content of advertisements appearing on the Website (including links to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute YNZ's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
Any links on the Website to third party websites are provided for convenience only, and the inclusion of any link does not imply that YNZ endorses or verifies such websites. Articles or reports by named authors express their own views and do not necessarily reflect the views of YNZ.
Reasonable care: YNZ will use reasonable endeavours to ensure:
- a) the availability of the Website subject to any downtime for maintenance; and
- b) the information provided on the Website is reliable, up-to-date, complete and accurate at the time of publishing.
No liability: The Website is provided on an "as is" and "as available" basis. You agree that, to the maximum extent permitted by law:
- a) any and all of YNZ's liability and responsibility to you or any other person:
- ii. in connection with the Website (including any errors in or omissions from the Website), any goods or services provided on or through the Website, another user's/member's acts or omissions (including any comments or content posted), or your use of or inability to use, the Website (including any loss or corruption of data), is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise;
- b) YNZ's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss; and
- c) YNZ 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.
Glossary Affiliated Organisations: Organisations that are current financial members of YNZ.
CMS: Content Management System. This is a computer program that allows publishing, editing and modifying content on a website and is a separate part of YNZ’s private database
CRM: Customer Relationship Management. This is YNZ’s private database
Deactivate: (In regard to an online YNZ Account): Access to your account will be suspended and where necessary it will not be available to the public via the YNZ Website.
Terminate: (In regard to an online YNZ Account): Your account and all its content will be deleted from the CMS
Website means the website located at www.yachtingnz.org.nz;
YNZ means Yachting New Zealand Incorporated