Membership Agreement

Membership Agreement

The following is a legal agreement between you, your company and your employer (collectively "Member") and www.insolvencywatch.co.nz (the "Site").

Please read this Membership agreement and the General Terms and Conditions of Use carefully before using the Site and any Service.

Access and use of the Members' sections of the Site are provided by Insolvency Watch to the Member on the condition that the Member accepts the terms and conditions of this Membership Agreement ("Membership Agreement") and by accessing or using the members' sections of the Site and/or by uploading or accessing any Content, the Member agrees to be bound by the terms of this Membership Agreement.

Insolvency Watch provides a database containing information obtained largely from open source, public domain spaces, which include but is not limited to: The Ministry of Economic Development, the Insolvency and Trustee Service, the Department of Internal Affairs, the Justice Department and multiple media publications. This Database is shared amongst Members.

The headings in this Membership Agreement are solely for convenience of reference and will not affect its interpretation.

1. MEMBERSHIP

1.1 In order to access the Member services and Content the Member must register to become a Member of Insolvency Watch and on payment of the applicable fees.

1.2 The Member warrants that:

(a) the information provided on the registration form ("Membership Information") is current, complete and accurate;

(b) it will update the Membership Information as required to keep it current, complete and accurate;

(c) the user identification provided by the Member ("Member Name"), and the password/s used by the Member in conjunction with the Member Name will be kept confidential;

(d) the Member is entirely responsible for all activities that occur through the use of the Member Name and Insolvency Watch may rely on any instructions and all conduct carried out under the Member Name is conduct of the Member; and

(e) it will notify Insolvency Watch immediately if it believes its Member Name and password are no longer confidential so that Insolvency Watch can cease relying on that password.

1.3 Insolvency Watch may decline any application for membership in its absolute and sole discretion.

2. ACCESS TO AND CORRECTION OF INFORMATION

Where any Content relates to an identifiable individual, a Member or non-member has the right to obtain confirmation from Insolvency Watch about whether Insolvency Watch has any Content listed regarding the Member or non-member and to obtain access to that Content. The Member or non-member also has a right to request the correction of that Content. Where Insolvency Watch refuses to correct the Content, the Member or non-member may lay a formal complaint with Insolvency Watch. Insolvency Watch directs the Member or non-member to the Summary of Rights document available on the Site. Insolvency Watch will comply with its duties in Part 3 of the Credit Reporting Privacy Code in relation to any complaint regarding a breach of the Code.

3. SOURCE OF INFORMATION

Members acknowledge that Insolvency Watch

(a) derives the information in the Database from open source, public domain spaces, which include but is not limited to: The Ministry of Economic Development, the Insolvency and Trustee Service, the Department of Internal Affairs, the Justice Department and multiple media publications.

(b) does not have the resources or responsibility to acquire or verify such Content independently, and

(c) accepts responsibility only for storing and relaying such Content accurately but not the intrinsic accuracy of the Content itself.

4. RULES OF CONDUCT

4.1 The Member may only use the Site and Services for lawful purposes in accordance with the General Terms and Conditions of Use and Privacy Policy.

4.2 In addition the Member will not post or transmit via any Database, Service or any forum any message, information , data, text, files, links, software or other materials that the Member knows or suspects to be false or misleading;

5. FEES

5.1 The Member will pay, (see Membership Options for actual fees)

(a) A weekly, monthly, quarterly or annual fee

(b) Service fees, where applicable

5.2 Insolvency Watch may alter the fees from time to time in its discretion. Any new or altered fees will apply from the date on which they are published on the Site.

6. CONTENT MANAGEMENT

6.1 Insolvency Watch will endeavour to review all communications or Content uploaded to the Site, but will not be responsible for the Content, quality, or consequences of uploading or downloading such communications or Content.

6.2 Insolvency Watch reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, is unacceptable. The Member will remain solely responsible for all communications made under its Member Name. Insolvency Watch has the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion.

7. VARIATION

7.1 Insolvency Watch reserves the right to change any of the terms of this Membership Agreement at any time. If changes are made to this Membership Agreement, a notice will be published on the Site. The Member's continued use of the Members' sections of the Site after such notice will constitute the Member's acceptance of the amended terms of this Membership Agreement.

8. TERMINATION

8.1 This Membership Agreement is effective until terminated. The Member may terminate this Membership Agreement at any time by using the Un-Subscribe Button on the Members Profile page or by such other means of written notice acceptable to Insolvency Watch as enables confirmation of the Member's identity and the Member's intention to terminate this Membership Agreement.

8.2 Insolvency Watch may on giving one month's notice to the Member, terminate membership where:

(a) the Member fails to pay any subscription renewal fees

(b) as a result of adverse reports being made on the Member, which upon investigation by Insolvency Watch, indicates the Member is not acting in a manner consistent with this Membership Agreement, or the principles upon which Insolvency Watch was established.

8.3 Where the Member's membership is terminated all Content supplied by that Member will be deleted.

8.4 Termination of this Membership Agreement does not relieve the Member of its obligation to pay any amounts due to Insolvency Watch or the Member's other obligations under this Membership Agreement.

8.5 Termination of this Membership Agreement will be without prejudice to Insolvency Watch's rights, defences and limitations of liability provided under this Membership Agreement, which will survive termination of this Membership Agreement.

9. INDEMNITY

9.1 The Member indemnifies Insolvency Watch and its affiliates, and their respective directors, officers, employees, shareholders, partners, licensors and agents (collectively, the "Insolvency Watch Parties") against all claims, liability, losses, costs and expenses (including lawyers' fees on a solicitor and client basis) incurred by any Insolvency Watch Party in connection with: (i) any use or alleged use of the Database under the Member Name by any person, whether or not authorised by the Member; (ii) anything resulting from any communication made or Content uploaded under the Member Name; or (iii) any breach by the Member of this Membership Agreement.

10. LIABILITY

10.1 The Site, including the Database and any Content contained on or downloaded from the Site, is provided "as is" without representation, warranty or condition of any kind, either express or implied. Insolvency Watch does not represent or warrant that the Site or the Content will meet the Member's requirements or that use will be uninterrupted or error free.

10.2 Insolvency Watch does not represent or warrant that the Site or any Content available through the Site will be free of viruses or similar contamination or destructive features.

10.3 The Member assumes all responsibility and risk for use of the Site including any of the Content or information contained therein.

10.4 In no event will any Insolvency Watch Party be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for defamation, loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this Membership Agreement, including the Member's use of, reliance upon, access to, or exploitation of the Site, the Content or the Database and any part thereof, or any rights granted hereunder, even if Insolvency Watch has been advised of the possibility of such damages, whether the action is based in contract, tort (including negligence), infringement of intellectual property rights or otherwise.

10.5 Insofar as Insolvency Watch may be liable notwithstanding the above, then to the extent permitted by law, the total liability of Insolvency Watch whether in contract, tort (including negligence) under statute or regulation or otherwise for any loss, damage or injury arising directly or indirectly from any defect in the Site or any failure in respect of the Content or any breach of Insolvency Watch's obligations to the Member is limited to [$500].

11. TERMS OF USE/PRIVACY POLICY

11.1 The Member agrees to comply with any standard General Terms and Conditions of Use on the Site.

11.2 Insolvency Watch may use any information gathered about the Member in accordance with any Privacy Policy on the Site.

12. LAWS OF NEW ZEALAND

12.1 The Site is controlled, operated and administered by Insolvency Watch in Auckland, New Zealand. The Site can be accessed across New Zealand, and overseas. As each country has laws that may differ from those of New Zealand, the Member acknowledges that this Membership Agreement will be governed under the laws of New Zealand and submits to the exclusive jurisdiction of the New Zealand Courts.

12.2 If Insolvency Watch issues proceedings to enforce any of its rights, or to collect any fees, the Member will reimburse Insolvency Watch for its legal fees, costs and disbursements.

13. GENERAL TERMS

13.1 Insolvency Watch's failure to insist upon or enforce strict performance of any provision of this Membership Agreement will not be construed as a waiver of any provision or right.

13.2 If any term of this Membership Agreement is void, that term will be severed from this Membership Agreement and replaced with a provision which validly and enforceably accomplishes to the extent possible the commercial object of the provision and the remainder of this Membership Agreement will remain enforceable.

13.3 The Member may not assign its rights or obligations under this Agreement without the prior written consent of Insolvency Watch.

14. NOTICES

Any notice to be given in terms of this Membership Agreement must be in writing made by email transmission sent to the last known email address of the intended recipient. Any communication by email will be deemed to be received when transmitted to the correct email address of the recipient.

15. ACKNOWLEDGEMENT

By Subscribing to this Site the Member accepts this Membership Agreement on the above terms. If at any time the terms of this Membership Agreement are no longer acceptable to the Member, the Member should immediately cease use of the membership portions of the Site. This Membership Agreement supersedes any prior agreement, or other communication with Insolvency Watch relating to the subject of this Membership Agreement.

16. CONTACT

Any concerns relating to the Site or this Membership Agreement, should be raised with:

Insolvency Watch Limited
P.O.Box 340 222, Birkenhead, North Shore, Auckland 0746
Telephone: 09 419 5380

Email: Via our Contact Us page.


 

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