Terms of Service: Welcome to The Creative People’s Centre (“CPC”) website. These terms of service (“Terms of Service”) apply to your use of this website. By using this website, you are deemed to have read and agree to be bound by these Terms of Service.
Further Terms: As well as these Terms of Service the Privacy Policy also applies to your access to and use of this website.
Amendments: The CPC reserves the right to amend these Terms of Service from time to time upon placing any such amendments on this website.
Intellectual Property: Unless otherwise stated, the CPC is the owner or licensee of all copyright, trademarks and other intellectual property rights relating to this site and its contents. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and software that are included in this website.
Licence: The CPC grants you a limited licence (“Licence”) for the purpose of accessing and making use of this website for your own personal use. Any contravention by you of these Terms of Service or any other terms posted on this website or notified to you by the CPC which are intended to govern your use of this website, terminates the Licence Immediately. Under no circumstances, without the prior written approval of the CPC, may you adapt, distribute, display or publish any part of this website or its content or create derivative works from any part of this website other than in accordance with the Licence. You shall not use any data gathering and extraction tools or software to extract information from this site. You shall not frame or utilize framing techniques to enclose any of the contents of this website without the CPC’s express prior permission. You may not use any meta tags or other hidden text which incorporate the CPC’s name or any of its intellectual property including trademarks, without the CPC’s express prior permission. Using any information or content included on this website other than in accordance with the terms of the Licence is strictly prohibited. You agree to fully indemnify the CPC for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the Licence, including, in respect of any third party claims against the CPC, its related parties, employees, contractors or agents.
Proprietary Notices: In the event that you are granted permission by the CPC to use this website or any portion of it or its content other than as provided for by the Licence, subject to any contrary agreement you reach with the CPC, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
Content: While the CPC has endeavoured to take all reasonable and appropriate care in the preparation of the content of this website and has no reason to believe that any information contained on this website is inaccurate, the CPC does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. The CPC does not undertake to keep this website updated. To the greatest extent permitted at law the CPC does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on this website including without limitation where such loss or damage is a result of or contributed to by the negligence of the CPC.
Comments: Unless explicitly stated otherwise the comments or statements included on this website do not represent the opinions of the CPC regardless of whether the CPC may have edited or formatted such comments or statements in the course of their being posted on this website. All comments or statements made on this website represent the genuine opinion of the authors of such comments or statements. If you are posting comments or statements on this website such comments or statements must represent your genuine opinion of the matter in question. The CPC has very strict policies in place which govern the posting of any statements or comments on this website by users of the website. These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users. Comments or statements on this website which include personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated. If you believe that any statement or comment included on this website is inaccurate or inappropriate then please contact us immediately with an explanation of the issue in question and we will do our best to resolve the issue to your satisfaction. The CPC reserves the right without notice or explanation to not allow the posting of any specific comments or statements, edit any specific comments or statements or completely remove any comments or statements.
Linked Websites: This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. The CPC is not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be regarded as approval or as an endorsement, of those linked websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those linked websites including further links contained on those linked websites, unless and to the extent stipulated to the contrary on this website.
Links: If you provide a link to this website you agree that you will not use any the CPC logo, trademark or other proprietary graphic as part of such link without the express prior approval of the CPC.
Accessing: You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. The CPC does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of this website or any linked website.
Exclusion of Warranty: To the greatest extent permitted by law, in relation to your access and use of this website, any condition or warranty either express or which would otherwise be implied by law into these Terms of Service is hereby excluded. If you are accessing and using this website for the purposes of a business as defined in the Consumer Guarantees Act 1993, then you agree that the provisions of that Act will not apply to your access and use of this website.
Exclusion of Liability: To the greatest extent permitted by law, under no circumstances will the CPC, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to your access and use of the website or in respect of any failure or omission on the part of the CPC to comply with its obligations as set out in these Terms of Service.
Limitation of Liability: To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Service is held to be invalid or unenforceable for any reason and the CPC becomes liable for any loss or damage that would otherwise have been excluded, the CPC’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the website is to be limited to $50 in New Zealand currency.
Jurisdiction: This website is governed by and is to be interpreted in accordance with the laws of New Zealand and subject to clause 16, in all matters relating to or arising from your use of this website, you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.
Disputes: In the event that you have a dispute in respect of the content of this website or relating to or arising from your use of this website you must immediately notify the CPC in writing giving details of the dispute. If the CPC and yourself cannot resolve the dispute within fourteen (14) days then to the greatest extent permitted at law the following procedure will apply. The dispute will firstly be submitted to mediation by a mediator agreed to by both yourself and the CPC or, failing agreement, appointed by the Arbitrators and Mediators Institute of New Zealand. If the matter is not resolved by mediation within fourteen (14) days from there, (unless you are a consumer as defined in the Consumer Guarantees Act 1993), the matter will be submitted for arbitration in accordance with the Arbitration Act 1996 by a single arbitrator to be appointed by the Arbitrators and Mediators Institute of New Zealand. Unless agreed otherwise by the CPC, all such mediation and arbitration proceedings shall take place at a venue in Auckland, New Zealand to be chosen by the CPC acting entirely at its own discretion. All costs in relation to the staging of any such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.
Failure to Comply: The CPC accepts no liability for any failure to comply with these Terms of Service where such failure is due to circumstances beyond its reasonable control.
Waiver: If the CPC waives any rights available to it under these Terms of Service on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
Severability: If any provision of these Terms of Service is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Service and the remaining provisions shall continue in full force.
Queries: If you have any queries in regard to these Terms of Service please don’t hesitate to contact us.