allgood.nz — Terms of Use

1. Introduction

The allgood.nz website (the “Site”) is operated by [GNFB] (“we”, “us”, “company”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that govern your use of the Site. BY CREATING AN ACCOUNT OR LOGGING INTO THE SITE, YOU CONFIRM THAT YOU AGREE TO THESE TERMS and that you have the authority and capacity to enter into them. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ANY PROVISION OF THESE TERMS, DO NOT ACCESS OR USE THE SITE.

These Terms are governed by New Zealand law. Section 18 below explains how disputes are resolved — through informal resolution and, if needed, the Disputes Tribunal or the New Zealand courts. There is no requirement for private arbitration.

2. Access to the Site

Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited licence to access the Site solely for your own personal, non-commercial use.

2.1 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) you shall not access the Site to build a similar or competitive website; and (d) except as expressly stated here, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site is subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies.

We reserve the right to change, suspend, or discontinue the Site with or without notice to you. You agree that we will not be liable to you or any third party for any change, interruption, or discontinuation of the Site or any part of it.

No Support or Maintenance. You agree that we have no obligation to provide you with support in connection with the Site.

Excluding any User Content you provide, all intellectual property rights in the Site and its content — including copyright, trademarks, and trade secrets — are owned by us or our suppliers. These Terms do not give you any rights, title, or interest in that intellectual property, other than the limited access rights described in clause 2.1. We and our suppliers reserve all rights not expressly granted.

3. User Content

“User Content” means any information and content that a user submits to the Site. You are solely responsible for your User Content and bear all risk associated with it. You confirm that your User Content does not violate our Acceptable Use Policy (clause 3.2). You may not represent or imply that your User Content is provided, sponsored, or endorsed by us. We are not obliged to back up any User Content, and it may be removed at any time without notice. You are solely responsible for keeping your own backup copies.

You grant us a non-exclusive, royalty-free, worldwide licence to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your User Content — including granting sublicences — solely for the purpose of operating and displaying it on the Site. You waive any claim to moral rights or attribution in respect of your User Content, to the extent permitted by the Copyright Act 1994 (NZ).

3.1 Acceptable Use Policy

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that:

•       violates any third party's intellectual property or other proprietary rights;

•       is unlawful, harassing, abusive, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, misleading, pornographic, obscene, or promotes discrimination, hatred, or violence against any group or individual;

•       is harmful to minors in any way; or

•       breaches any law, regulation, or third-party obligation.

You also agree not to: upload software intended to damage or alter a computer system or data; send unsolicited advertising, spam, or chain messages through the Site; harvest data about other users without consent; disrupt or burden the servers or networks connected to the Site; attempt to gain unauthorised access to the Site; harass other users; or use automated scripts to create multiple accounts or generate automated queries.

We may review User Content and take appropriate action — including removing content, suspending or terminating accounts (clause 8), and reporting matters to the New Zealand Police or other authorities — if you breach this Acceptable Use Policy or these Terms.

If you provide us with feedback or suggestions about the Site, you assign to us all rights in that feedback, and agree we may use it in any way we consider appropriate, treating it as non-confidential.

You agree to indemnify us and our officers, employees, and agents against any claim by a third party arising from your use of the Site, your breach of these Terms, your breach of any law, or your User Content. We may assume exclusive control of the defence of any matter you're required to indemnify us for, and you agree to cooperate with that defence and not settle without our prior written consent.

4. Third-Party Links & Ads; Other Users

The Site may contain links to third-party websites and services, and may display advertisements from third parties (“Third-Party Links & Ads”). These are not under our control, and we are not responsible for them. We provide access to Third-Party Links & Ads only as a convenience; use them at your own risk. When you click on a Third-Party Link or Ad, that third party's own terms and privacy practices apply.

Each Site user is solely responsible for their own User Content. Because we do not control User Content, we are not responsible for it, whether posted by you or by others, and we are not responsible for loss or damage arising from interactions between users. If a dispute arises between you and another user, we are under no obligation to become involved, though you may contact us at [Contact Email] if you believe the Acceptable Use Policy has been breached.

To the extent permitted by law, you release us and our officers, employees, and agents from any claim or dispute arising out of or relating to the Site, except where that claim relates to our own breach of these Terms or of the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

5. Cookies and Advertising

Like most websites, allgood.nz uses cookies to store visitor preferences and remember the pages you've visited, so we can tailor your experience. [If allgood.nz currently runs Google ads or other third-party advertising (e.g. Google DoubleClick / Google AdSense), keep the paragraphs below; otherwise this section can be shortened to the cookies sentence above.]

Google is a third-party vendor on our Site and may use cookies to serve ads based on your visits to this and other sites. You can opt out of personalised advertising by visiting Google's Ads Settings and Privacy Policy at https://policies.google.com/technologies/ads.

Full details of how we and our advertising partners handle personal information are set out in our Privacy Policy, which is prepared in accordance with the Privacy Act 2020 (NZ).

6. Disclaimers

The Site is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, we and our suppliers disclaim all warranties and conditions of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Site will be uninterrupted, timely, secure, or error-free, or that it will be accurate, reliable, or free of viruses.

Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded. Where you acquire the Site's services for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply.

7. Limitation of Liability

To the maximum extent permitted by law, we and our suppliers will not be liable to you or any third party for lost profits, lost data, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of — or inability to use — the Site, even if we have been advised of the possibility of such damages. Your access to and use of the Site is at your own risk.

To the maximum extent permitted by law, our total liability to you for any claim arising from or related to these Terms will be limited to NZD $100. The existence of more than one claim will not increase this limit. This clause does not limit any right or remedy you have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot lawfully be excluded.

8. Term and Termination

These Terms remain in effect while you use the Site. We may suspend or terminate your access at any time, for any reason, at our discretion — including for breach of these Terms. On termination, your account and access will end immediately, and your User Content may be deleted from our live databases. We will have no liability to you for any termination carried out in accordance with these Terms. Clauses 2 through 2.1, 3, and 5 through 18 survive termination.

9. Copyright Policy

We respect the intellectual property of others and expect users of the Site to do the same. If you believe a user is, through the Site, infringing a copyright you own, please send a written notice to our designated contact at admin@allgood.nz under the Copyright Act 1994 (NZ), including:

•       your name and contact details 10/71a Ikitara Road Whanganui admin@allgood.nz

•       identification of the copyrighted work you claim has been infringed;

•       identification of the material on the Site you claim is infringing, with enough detail for us to locate it;

•       a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or the law; and

•       a statement, made in good faith, that the information in the notice is accurate and that you are the copyright owner or authorised to act on their behalf.

Deliberately false claims of copyright infringement may expose the complaining party to liability for resulting loss or costs. We may remove or disable access to allegedly infringing material and, for repeat infringers, may terminate the relevant account.

10. Changes to These Terms

We may revise these Terms from time to time. If we make substantial changes, we will notify you by email to your last provided address and/or by posting a prominent notice on the Site. You are responsible for keeping your email address current. Changes take effect 30 days after we send notice or post it on the Site, whichever is earlier, and immediately for new users. Continued use of the Site after that point means you accept the updated Terms.

11. Resolving Disputes

If a dispute arises between you and us relating to these Terms or the Site, please first contact us at [Contact Email] so we can try to resolve it informally.

If we can't resolve a dispute informally within a reasonable time, either party may refer the matter to the New Zealand Disputes Tribunal (for claims within its monetary jurisdiction) or to the New Zealand courts. These Terms, and any dispute arising from them, are governed by the laws of New Zealand, and you and we submit to the non-exclusive jurisdiction of the New Zealand courts.

Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from a court at any time.

12. Electronic Communications

Communications between you and us take place electronically, whether through the Site, email, or notices we post on the Site. For contractual purposes, you consent to receive communications from us electronically, and agree that this satisfies any legal requirement that such communications be in writing.

13. General

These Terms constitute the entire agreement between you and us regarding use of the Site. Our failure to enforce a right or provision does not waive it. Section headings are for convenience only. The word “including” means “including without limitation.” If any provision is held invalid or unenforceable, the remaining provisions continue in effect, and the invalid provision will be read down to the extent required to make it valid. Your relationship with us is that of an independent contractor; neither party is an agent or partner of the other. You may not assign these Terms without our prior written consent; we may freely assign these Terms. These Terms bind any permitted assignees.

Your Privacy. Please read our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Privacy Act 2020 (NZ).

Copyright/Trademark Information. Copyright © [Year] [Business/Trading Name]. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or that of other third parties. You may not use these marks without our prior written consent or that of the relevant third-party owner.