Disclaimer – Pick Your Path

Disclaimer and Terms of Use

These terms of use were last updated on 16th June 2021.

This website is the official website for tourism, talent and investment and is administered by the Nelson Regional Development Agency.

The Nelson Regional Development Agency in partnership with the Ministry of Social Development on the Pick Your Path website. Please note that both the Ministry of Social Development and the Nelson Regional Development agency will have access to any user information as submitted.

The following terms of use form a contract between you and the Nelson Regional Development Agency for your use of this website and any assets you download or share from this website. By accessing and browsing this Site, you agree to be bound by these Terms, whether you register as a user or not.

The Nelson Regional Development Agency reserves the right to revise these terms at any time. Any changes to these terms will be displayed on this page.

Your use of this site

You agree not to use this Site for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this Site whether by way of a virus, corrupted file, or through any other means.

Furthermore you agree not to alter, modify, reproduce, communicate to the public, or otherwise deal with the content, software, text, graphics, layout or design of this Site except in accordance with these terms and conditions of use.

Your email address and password

Your account registration details (including your email address password) are personal to you. You must always maintain the confidentiality of your password and not disclose it to any third party. By creating an account, you agree that you are solely responsible for any use of this Site by any person using your email address and password and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your email address or password. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

Intellectual property

The materials displayed on this Site are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. Unless otherwise stated, copyright and other property rights in all material published or available on this Site, including the text, graphics, illustrations, artwork, video, music, logos, icons, sound recordings, layout, designs, source code, computer programs and software, audio, visual elements and assets shall belong to us or to our licensors (together, ‘our intellectual property’).

Except as expressly permitted in the Licence Terms beside each asset, or with our prior written permission, you may not in any form or by any means:

use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate, transmit, or otherwise deal in any way with our intellectual property; or
commercialise any information, products or services obtained from any part of this Site.

Trademarks

The name and logo of Nelson Regional Development Agency and all trademarks appearing on this Site belong to us, our suppliers, our affiliates, or our licensors. You must not use or reproduce or allow anyone to use or reproduce those trademarks for any reason without our prior written permission (or the prior written permission of the applicable supplier, affiliate, or licensor) in each case.

Electronic communications

By using the site and/or providing us with your email address, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy or otherwise disclosed to you. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Privacy

Where we collect personal information about you as a result of your accessing or using this Site, our Privacy Policy will apply to that information. Accordingly, these terms of use must be read together with our Privacy Policy.

Liability and indemnity

To the maximum extent permitted by law, neither Nelson Regional Development Agency or our suppliers will, under any circumstances, be liable (in tort, contract or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic damages or losses (howsoever caused), which you may directly or indirectly suffer in connection with:

your use of, or inability to use, the Site or any material available on or through the System;
any action or decision taken as a result of using this Site, or any material available on or through the Site.

If the limitation of liability in the previous paragraph is held to be invalid in whole or in part, then our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one New Zealand dollar (NZD$1.00).

You agree to indemnify, defend, and hold harmless Nelson Regional Development Agency, its officers, directors, shareholders, employees, consultants, licensors, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including reasonable lawyers' fees) arising from your use of, or reliance on, this Site or any material available on or through this Site (including the Assets), your failure to comply with these Terms, or from your violation of any applicable law.

Hyperlinks

This Site may contain hyperlinks to third party websites (‘external hyperlinks’). External hyperlinks are provided for your convenience only and may not remain current or be maintained. We make no endorsement of, and accept no responsibility for, any content accessible through any external hyperlink. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party. You are responsible for complying with any terms and conditions imposed by third party websites.

Third party websites

This website may contain hyperlinks to third party websites. These hyperlinks are provided for the user’s convenience only and should not be taken as endorsement of those websites, of the information contained in those websites, or of organisations or people referred to in those websites.

We are not responsible for the content of such websites, or for the manner in which those websites collect, hold, use, and distribute any personal information you provide. When visiting a third party website from hyperlinks displayed on this website, we encourage you to review the privacy statements of those websites so that you can understand how the personal information you provide will be will collected, held, used and distributed. If you have comments or questions relating to third party websites, they should be directed to the relevant person or organisation.

Except as expressly stated, the Nelson Regional Development Agency does not endorse any website, organisation or person who may have off-site links to this website. You may not link your website to this site without the prior written consent of the Nelson Regional Development Agency. Nelson Regional Development Agency reserves the right to prohibit links to this site and you agree to remove or cease any link upon request from Nelson Regional Development Agency. You may not frame any part of the material on this site by including advertising or other content or revenue-generating material.

Malicious code

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this Site, we do not guarantee or warrant that this Site, or any material available on or through it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this Site does not expose your computer system to the risk of interference or damage from malicious code.

Feedback and unsolicited submissions

If you give us feedback about this Site or our services or Assets we may use that feedback for the purpose of improving our Site, our services or Assets (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation. If you do send us unsolicited feedback or ideas:

they will be deemed to be non-confidential; and
we will not be required to provide any acknowledgement of their source.

Disclaimers

While we endeavor to ensure that the accuracy of information available through this Site and that the content of this Site is free from errors, we do not give any warranty or other assurance as to the content of material available on or through this System, its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.

To the maximum extent permitted by law, and subject to any agreement we have with you that provides to the contrary, we provide this Site and all Assets, material, information, and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

You acknowledge that if you rely on this Site or any Assets or other material available through this Site, you do so solely at your own risk.

The views expressed in any third party material (including the Assets) or user content on or available through this Site are not necessarily the views of Nelson Regional Development Agency, and we expressly disclaim all responsibility for any third party material or user content on or available through this Site.

These terms of use shall not limit or restrict any right you may have under New Zealand law, including the Consumer Guarantees Act 1993, if it is applicable. However, if you are using any of our services for business purposes, you agree that to the maximum extent permitted by law no guarantees and remedies provided under the Consumer Guarantees Act 1993 shall apply to those services.

If any provision of these terms of use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

Availability

Your use of this Site and any associated services may sometimes be subject to interruption, unavailability, restriction, or delay. Due to the nature of the Internet and electronic communications, we (and our service providers) do not make any warranty that this Site or any associated services will be error free, without interruption or delay, or free from defects. We will not be liable to you should this Site or the services supplied through this Site become unavailable, interrupted, restricted or delayed for any reason.

Security

Although we endeavour to take reasonable steps to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this Site and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this Site, or any external hyperlink.

Changes

We may add to, modify, suspend, or remove this Site or any information, feature, specification, or material on or incorporated in this Site (at any time and without notice to you). We may change these terms and conditions of use from time to time by publishing the changed terms of use on this Site, and such changes will be effective immediately upon publication of the same. You should review the terms and conditions of use periodically to be aware of such changes. By continuing to access or use this Site following such publication you agree to be bound by the revised terms and conditions of use.

Applicable laws

This Site is controlled and operated by us, from offices within New Zealand. Details contained on this Site have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information available from this Site is appropriate in other countries. If you choose to access this Site from outside New Zealand you are responsible for compliance with applicable local law.

Governing law

These terms and conditions of use (and any contracts between you and us which arise through your use of this Site) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms and conditions of use (and any contracts between you and us which arise through your use of this Site).

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