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TERMS OF USE.

Welcome to Manaaki.

Manaaki is an online emergency business advisory forum that connects business advisors and experts with businesses asking for help.

Manaaki is an initiative by Indigo (Indigo, we, our, or us) with support from leading business advisors and experts.

By viewing and using manaaki.io (Website), you agree to these terms of use (Terms).

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; and 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 on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by 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 Our privacy policy at manaaki.io/privacy-policy/ (Privacy Policy) also applies to your use of the Website. If you do not agree to privacy practices disclosed in the Privacy Policy, please do not use the Website.

2 CHANGES

2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We make no warranty or representation, express or implied, as to continuity of service. We reserve the right to suspend, terminate or otherwise alter access to some or all of the Website or its services at any time and without notice. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on 24 March 2020.

3 DEFINITIONS

In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
Personal information means information about an identifiable, living person
Terms means these terms and conditions
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

4 YOUR OBLIGATIONS

4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure, not permit any other person to use your User ID, including not disclosing or providing it to any other person; and immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to security@manaaki.io
4.3 You must: 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 Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and 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.
4.4 To the maximum extent permitted by law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

5 INTELLECTUAL PROPERTY

5.1 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 Underlying Systems.
5.2 Except as set out below, we own the intellectual property rights in all materials displayed or available on the Website (Content) unless otherwise stated. Unless otherwise stated you may copy textual Content for your own non-commercial use provided you retain and display any copyright notice applying to the Content. No Content may be reproduced or distributed in any media without our written approval. To request approval, email your request to security@manaaki.io
5.3 If any Content on this Web site is owned by anyone other than us, the rights in respect of that material will be as defined by the owner of the material concerned. The licence set out in clause 5.2 above does not apply to third party Content.
5.4 The following organisations may link to the Website and Content on the Website without prior written approval:
a government agencies;
b our sponsors;
c organisations that have been accepted as ‘Offers for Help’ partners;
d search engines;
e news organisations; and
f online directory distributors when they list us in their directory in the same manner as they hyperlink to the websites of other listed businesses.
5.5 Soliciting non-profit organisations and charity fundraising groups may not hyperlink to the Website.
5.6 Other than personal information, which is covered under the Privacy Policy, any material you transmit or post to the site is considered non-confidential. This includes feedback or submissions you provide. We do not claim to own your copyright material. You do, however, grant us a non-exclusive, royalty-free, perpetual and irrevocable licence to:
a publish such material in any media and in any format, including, on this or any other website, in hard copy publications, in email notifications or alerts, in web feeds, and
b sub-license such material for re-use by others on the same terms as the licence you’ve granted to us.
5.6 If your contributions to the Website include material in which copyright or other intellectual property is owned by a third party, you warrant that you have the right to use that material and to grant the licence referred to in, and on the terms of, clause 5.5 above.

6 DISCLAIMERS

6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with: the Website being unavailable (in whole or in part) or performing slowly; any error in, or omission from, any information made available through the Website; any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 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.
6.3 We try to ensure the information on the Website is accurate and current, but we do not accept liability for any error or omission it may contain. All warranties expressed or implied as to the accuracy or completeness of the information on the Website are excluded to the extent permitted by law.
6.4 Links on the Website may lead to other websites, and some information on the Website may be provided by third parties. We accept no responsibilities for the currency or accuracy of such information. You should verify it with those parties directly.
6.5 The information contained on the Website is subject to change without notice.

7 LIABILITY

7.1 To the maximum extent permitted by law, you access and use the Website at your own risk; and we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. 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 has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other 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 above do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD10.

8 PRIVACY POLICY

You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to allow you to request or volunteer help through the Website or provide you with updates from the Website.
When you provide personal information to us, we will comply with our Privacy Policy at manaaki.io/privacy-policy/ and New Zealand Privacy Act 1993.

9 SUSPENSION AND TERMINATION

9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
9.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

10 GENERAL

10.1 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.
10.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
10.3 For us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
10.5 If any part or provision of these Terms 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. The remainder of these Terms will be binding on you.
10.6 These Terms set out everything agreed by the parties relating to your use of the Website 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 the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.