Terms & Conditions

The Terms & Conditions below govern the use of the eClubs website system (referred to herein as the "Site") operated by The Internet Business Development Group (the "Company").

The Company will provide each registered user ("Member") with access to a package of templates, services and website development, design and management tools. These are for use only in conjunction with the said user's registered account(s). The Company, at its discretion, may add to, amend or withdraw this package and all or any of the sites, which together make up the Site. By registering as a Member, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the Terms & Conditions set out below. The Company reserves the right to impose additional terms in respect of any Member's order, such additional terms shall be posted here.

Membership is available to anyone who registers a New Zealand club or interest group, supplies all required information, provides an accurate, legitimate electronic mail address, and obtains a unique eClubs username and password. The Company does not discriminate on the basis of age, gender, or ethnicity - but does require that the club be based in New Zealand. Each Member is allowed to have only one Membership with the privileges associated with such Membership. The Company allows one registered Membership per legitimate electronic mail address. Any exceptions, including the use of one electronic mail address by multiple users, must be approved by the Company. Membership is intended for use only by the register Member and is non-transferable. Please see the "Termination of Service" clause below for additional Membership information.

Member Web Page Guidelines

The Company is not responsible for the content of any Member web pages. The views expressed on any Members' web pages hosted by the Company are the responsibility of the Member who used our system to create them and not the responsibility of the Company. The Company reserves the right to inspect all Member web pages for material which, at the sole discretion of the Company is considered to be objectionable, offensive or in any way undesirable.

1. The Company has no obligation to provide phone support or other additional support services to the Member.
2. The Company reserves the right to remove any page from the Site at any time without notice.
3. The Company provides space for Member web pages but makes no implied or express warranties about the reliability of these pages.
4. The Company is not responsible for any damage caused by loss of access to, or deletion or alteration of Member pages.
5. The following is a non-exclusive list of actions and content that are not permitted on the Site:
   • Any use of copyrighted material without the express permission of the author or owner. With specific regard to issues of software piracy and copyrighted material, please see section 6. below.
   • Pages that exploit the images of children under 18 years of age.
   • Material that is grossly offensive to the eClubs community, including clear expressions of bigotry, racism, or hatred.
   • Pages that promote illegal activity.
   • Material that defames, abuses or threatens others.
   • Pages that contain material inconsistent with the values of the spirit of the eClubs Community.
   • Use of a Member Web page as storage for remote loading.
   • Making available copyrighted software which has been "cracked" - i.e., the copyright protection has been removed from the software;
   • Making available serial numbers for software which can be used illegally to validate or register software;
   • Making available tools, which can be used primarily for "cracking" software (this does not include tools that have legitimate uses for software developers, system administrators, etc.).
   • Distribution of any other material that may involve a breach of copyright. (for example, music)

Privacy

The Company will keep confidential any information it holds about a Member which is of a confidential nature and not supplied for inclusion on the Site.

The Company reserves the right to distribute aggregated demographic information provided by Members, but will not release the name or other personal information about a Member unless the Member gives its permission or it is required to do so by law or other competent authorities or this is required in the course of its administration on the Site.

Copyrighted Material

1. All material on the Site, including, without limitation, text, software, photos, video, graphics, music and sound, are protected by international copyright laws, both as individual works and as a collection.
2. Unless otherwise stated, the downloading or use of copyrighted material provided by the Company or a third-party content provider is allowed by Members for its own internal business use only. Members may not copy (save in connection with their genuine internet business use), reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.
3. No material protected by copyright may be placed on the Site without the express permission of the author or owner of the copyright on that material.
4. The Member shall not transfer or copy its page or pages to any other site on the internet.
5. If the Company becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third-party of the alleged presence of such materials, or as the result of a content scan the Company will:
   • Contact the Member responsible for the page and alert him or her of the allegations of copyright infringement and notify the Member that within 24 hours he or she must respond explaining why the allegedly infringing material does not constitute infringement of copyright. The Company will also alert the Member that in the absence of such a response, the Company reserves the right to delete the page; and
   • If the Member fails to respond within 24 hours, the Company may remove the page. If the alerted party responds to the allegations and claims the page is not infringing, the Company may either forward the response to the third party alleging the infringement, or remove the page or both.
6. If in its sole discretion, the Company concludes that one of its Member web pages contains a severe copyright violation, the Company reserves the right to delete the offending web page or site at any time without notice.

Limitations of Liability and Warranty

The Member agrees that the use of the Site is entirely at the Member's own risk.

1. The Site is provided on an "as is" basis without warranties of any kind, either express or implied. The Member acknowledges that the free trial periods are provided to assist the Member to satisfy itself about the site.
2. Neither the Company nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the Site.
3. The Company and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the site and are not responsible for: 1. any errors or omissions arising from the use of such information; 2. any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or 3. any losses or damages arising from the use of the content or services provided by the Site.

On no account shall the Company have any liability to the Member for consequential, special, economic or indirect loss, for loss of savings or goodwill or for loss of revenue. Nothing in these Terms & Conditions shall limit or exclude the liability of the Company for death or personal injury due to its negligence.

The Member specifically agrees that the Company or third-party content providers are not liable for any conduct by Members associated with the Site, including, but not limited to, Member web pages, Member profiles, surveys, chat rooms or message boards.

Indemnity

The Member agrees to indemnify the Company and any third-party information provider against any and all claims and expenses, including legal fees, arising from the Member's use of the Site. This expressly includes:

• Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and
• any libellous or unlawful material contained within Member web pages, profiles, or Postings

Termination of Service

The Company may terminate Membership and any and all information, communications, Postings, or web pages at any time, without notice, for conduct that violates these Terms & Conditions or other policies or guidelines set out by the Company elsewhere on the Site. The Company may terminate Membership and delete any and all information, communications, Postings, or web pages for online conduct that the Company believes is harmful to other Members, the business of the Company, or other third-party information providers.

Force Majeure

If and to the extent that the Company is hindered or prevented by circumstances not reasonably foreseeable or beyond its reasonable control from performing any of its obligations under this Agreement then it shall be relieved of its liability to the Member for failure to perform such obligations.

Notice

These Terms & Conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any other agreement, proposals and communications, written or oral, between the Company representatives and the Member.

The Company may amend or supplement these Terms & Conditions at any time on notice to the Member as published on the Site.