Terms & Conditions
By accessing, using and posting material or comments on Tarawera Publishing Ltd's ("Tarawera") web sites;
("WebSites"), you as the User agree to abide by the following terms, conditions and rules ("Agreement").
While Tarawera invites Users to engage in open discussion and presentation of views on Websites, Tarawera and Users agree to seven basic rules designed to maintain Websites as an interesting, informative, and legally permissible forum:
- Users will not interfere with the use and enjoyment of Websites by other Users (for example, by harassing or threatening another participant of the message boards or blog comments, including the use of expressions of bigotry, racism, sexism, hatred, or profanity);
- Users will not use Websites to conduct any activity that is illegal (such as misleading and deceptive conduct) or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;
- Users will not use Websites to advertise or sell products or services (including financial products and services such as securities) to others; or for spamming purposes to promote or encourage members to purchase products, services, or membership recruitment to others; doing so may incur a fee
- Users will not post or transmit material that is libellous, defamatory, obscene, fraudulent, harmful, threatening, or abusive, that violates the property rights of others (including without limitation copyright or trademark), that violates the privacy or publicity right of others, or that is used to circumvent manufacturer-installed copy-protection devices, including digital watermarks and registration numbers for software programs;
- Users will not post or disclose any personally identifiable information belonging to children or displaying material that exploits persons under 18 years of age;
- Users will not impersonate another User or Tarawera staff member; and
- User shall not post information on the site if they are a licensed investment adviser or representative of a licensed investment adviser unless they disclose their role and firm.
Tarawera has no responsibility for the content of any material posted by Users and Users are individually liable for the accuracy and authenticity of their postings. User profiles and any content posted by Users contain the opinions and views of theirs or others and Tarawera is not responsible for such content. Users should also be aware that it may be difficult to identify and locate the person making postings therefore taking legal action may not be possible.
TPL reserve the right to terminate a members account, with or without prior written notice. TPL will not remove a members posts and threads in their entirety, however we will remove certain posts and threads that contravene these forum rules at our discretion.
If a User violates this Agreement or if Tarawera believes in good faith that any portion of the material a User posts is infringing any copyrights or proprietary rights after Tarawera becomes aware of such breach, Tarawera reserves the right in its sole discretion to:
- edit or delete in whole or in part such User's posted material appearing on Websites;
- refuse access to all or portions of Websites to such User; and/or
- terminate such User's right to access or use and/or membership.
- Charge such User a spamming or advertising fee as follows;
- NZ$100 + gst per post, private message or user signature containing or suspected of containing any of the abovementioned in 3.
- By registering on the forum such User unconditionally and legally agrees to pay any invoice related to spamming (3) sent by Tarawera Publishing Ltd within 7 (seven) days from the date of invoice.
- By registering on the Websites Forum, Blogs or Comments such User also unconditionally agrees to pay all collection costs, legal costs and any associated costs incurred and recovery of any debt.
Tarawera shall not undertake a systematic review of any or all of the material posted on the Websites. Tarawera shall use all reasonable endeavours to remove any inaccurate information, postings based on inside information, postings likely to mislead or deceive or offending material within a reasonable time given Tarawera is notified using the following means:
- Email email@example.com;
- Mail - c/o Legal Counsel Tarawera, PO Box 2011, Rotorua, New Zealand.
No Investment Advice
Websites and their blog comments and forums contain information and User posted materials concerning many companies that issue and sell securities.
Tarawera does not have a securities dealer license and therefore does not:
- assess or vet the merit of any of these companies or any information concerning such companies.
- endorse, recommend or sponsor any of these companies or information concerning such companies posted on the site.
- provide professional investment advice as a result of hosting the site and therefore the individual circumstances or needs of particular investors are not taken into consideration when information is posted on the site.
Therefore Tarawera suggests that Users should do the following things before acting on any information posted on the site:
- visit Securities Commission website www.sec-com.govt.nz;
- get advice from a professional securities adviser
- Do your own research
User Information and Privacy
Tarawera reserves the right to release current or past user information or postings to third parties for limited purposes in the event Tarawera believes that Users are:
- in violation of this Agreement;
- are using ShareChat to commit unlawful acts; or
- is required to be disclosed to comply with applicable laws or regulations, rules of an applicable stock exchange or with a court or administrative order.
Tarawera further reserves the right to share current or past user information internally within Tarawera. Tarawera is, however, free to disclose aggregate User information (such as how many users are from each State) to third parties. For User's own protection, Users should not give any personal information on the web site or forums.
Any User may remove themselves from such e-mail lists by sending an e-mail to firstname.lastname@example.org and advising the e-mail address you wish to be removed.
A User posting material represents that such material is owned by the User or used with permission of the copyright holder and the User grants to Tarawera or another User a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. The Websites site, as well as (a) all materials on the Websites site posted by Tarawera and (b) the organisation and layout of both the site and the materials posted by Users and Tarawera, is owned and copyrighted by Tarawera or its suppliers and may be accessed, downloaded or printed for User's personal non-commercial use only. Without the prior written permission of Tarawera or its suppliers, User may not copy, distribute, or transfer any material on Websites, in whole or in part.
Linking or Framing on Other Web Sites
Tarawera or Users may include on Websites any posted material on other Internet sites. Tarawera does not endorse any such sites or the information, material, products or services contained on or accessible through such other Internet sites, and the User's access and use such sites, including information, material, products and services therein, solely at User's own risk.
Disclaimer Of Warranty
To the extent permissible by law, Tarawera and its suppliers disclaim all express and implied warranties with regard to the information, services and materials contained on Websites and message boards, including without limitation any implied warranties of merchantability, fitness for a particular purpose and non-infringement. All such information, services and materials are provided "As Is" and "As Available" without warranty of any kind. All responsibility and liability with respect to such information, services and materials, including, without limitation, the accuracy of any information, is hereby disclaimed.
Limitation Of Liability
In no event shall Tarawera or its suppliers be liable for any special, indirect, punitive, incidental, exemplary, reliance or consequential damages, or any damages whatsoever resulting from loss of use, business, data or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
Furthermore Tarawera expressly advises that it shall not be liable in any way whatsoever (whether in negligence or otherwise) for any loss or damage which may be suffered by any person (including Users) relying upon such information or any opinion, recommendations or conclusions contained in Websites, or otherwise arising in connection with the contents of or any omission from content contained in Websites except where a liability is made non-excludable by legislation. The information and statements contained in Websites do not purport to contain all relevant information and any statement as to any future matter is a present prediction of a possible future outcome, the accuracy of which cannot be guaranteed. Persons (including Users) should not rely upon the content provided within Websites but should make their own assessment and evaluation, undertake investigation and enquiries and seek advice to enable them to make any decision concerning their own interests.
By posting materials on Websites, User's agree to indemnify, defend, and hold harmless Tarawera, its related bodies, affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (a) User's violation of this Agreement, and (b) User's posting of material to Websites.
Termination of Agreement and/or Service
Nothing in this Agreement prohibits Tarawera from terminating a Users access to any of the services provided by Websites or terminating the Websites site altogether without notice and for any reason.
Changes to Websites and the Agreement
Tarawera may make improvements or changes in the information, services, products, and other materials on the Websites, at any time without notice. Tarawera may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. User agrees to review this Agreement periodically, and User's continued use of Websites shall be deemed User's acceptance of the modified agreement.
This Agreement constitutes the entire and only agreement between Tarawera and the User in relation to the use of Websites as a site to access, use and post material and supersede any and all prior or contemporaneous agreement, representations, warranties, and understandings with respect to Websites, the content, information, goods and services provided by or through Websites, and the subject matter of this Agreement.
This agreement and the resolution of any dispute related to this Agreement or Websites shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to conflicts of law principles. Tarawera's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between Tarawera and the User related to this agreement shall be brought exclusively in a court of competent jurisdiction sitting in New Zealand.
Any reference to Tarawera in this Agreement includes a reference to its related entities, as defined by the Corporations Law.