Definitions
"IMCNZ" means the Institute of Management Consultants New Zealand.
"Person" includes natural persons and all forms of body corporate.
"Consultant" means a person who is a member of IMCNZ.
"User" means any person or organization registered and able to use the IMCNZ Database, including Consultants.
"Database"
means the IMCNZ Consultants Database and all information contained on
it, including any User registration information.
"Reference Material" means any material on the Database that is provided through the IMCNZ web site.
The IMCNZ Consultants Database
IMCNZ will manage the IMCNZ Consultants Database in a manner
consistent with standards generally expected of an international
professional body. IMCNZ agrees to use reasonable commercial efforts to
update Reference Material in the Database.
Consultants
Consultant grants IMCNZ a license to include Consultant's name and
any other information provided by Consultant ("Consultant's
Information") in the Database. This license includes, without
limitation, the right to reprint, reproduce, publish, distribute,
sublicense, and display the Consultant's Information in any media,
including print, electronic, and digital format. Consultant's
Information will be viewed by Users.
Consultant represents and warrants that it has the full right
and authority to grant IMCNZ the rights set forth in this Agreement,
free and clear of any claims and obligations, and that IMCNZ's use of
the Consultant's Information will not violate any proprietary rights of
any third parties. Consultant agrees to indemnify IMCNZ from any loss,
damage, cost, liability, or expense (including reasonable attorneys'
fees) arising out of any claim resulting from a third party use of
Consultant's services or Consultant's Information.
While IMCNZ has no reason to believe that there will be any
inaccuracies or defects in, or unauthorised changes to, any Consultant's
Information, IMCNZ does not guarantee the accuracy, completeness or
availability of the information presented in the Consultants Database,
and all of the Consultant's Information is subject to change without
notice.
Users
IMCNZ does not guarantee the accuracy, completeness or availability
of the information presented on the IMCNZ Web Site, and all of the
information on the IMCNZ Web Site is subject to change without notice.
Use of the IMCNZ Web Site following any such change constitutes the
User's agreement to follow and be bound by the rules as changed. By
accessing the IMCNZ Web Site, the User agrees to assume full
responsibility for the legal consequences of using the IMCNZ Web Site
and agrees to indemnify and hold harmless IMCNZ, its officers,
directors, employees and member institutes, from any and all claims of
any kind arising out of the User's participation in or use of the IMCNZ
Web Site or of any service provided by Consultants. The IMCNZ Web Site
and all information included are provided "AS IS" and without warranties
of any kind, either express or implied.
IMCNZ will in no event be liable to a User, or any person
claiming through or under a User, for any direct, special, consequential
or incidental damages of any kind in respect of: Reference Material;
Consultant's Information; the availability, characteristics, qualities,
services, conduct or background of any Consultant contacted or engaged
by Users; or computer viruses or other hardware or software deficiencies
in relation to the IMCNZ Database or the services supplied by IMCNZ.
IMCNZ may revoke any User's registration to the IMCNZ Web Site at
its sole discretion, at any time. If the User's registration is revoked
by IMCNZ, IMCNZ will send notification to the User at a contact or
address provided by the User on the Database. Users may access, change,
add to or delete any registration information relating to the User at
any time through the login and password system. IMCNZ may change, add to
or delete registration information relating to User at any time.
Users will not publish, broadcast, disseminate or use
Consultant's Information or Reference Material except for the purpose of
including it in the IMCNZ Database. IMCNZ may impose restrictions on
the amount and type of Reference Material Users may view or download
from the Database or upload to the Database.
IMCNZ may terminate this Agreement at any time and may do so
immediately without notice, and accordingly deny the User access to the
IMCNZ Web Site, if in IMCNZ's sole discretion, the User fails to comply
with any term or provision of this Agreement.
These Terms and Conditions are to be governed and construed in
accordance with the laws of the New Zealand. IMCNZ will not be liable
for any delay, interruption or failure in the performance of its
obligations that is caused or contributed to by any circumstance outside
IMCNZ's reasonable control.
Nothing contained in this Agreement will be deemed to create or
be construed as creating a joint venture or partnership between IMCNZ
and Consultants or IMCNZ and the User.