These Terms and Conditions (Terms) set out the terms and conditions on which Whāriki Aotearoa Limited (we, our or us) agrees to permit you to join or access the Whāriki Māori business network (Network) and associated services (the Services), including through our website, whariki.co.nz, and any related websites or applications operated by us or social media accounts related to the Network, (the Website).

By joining or accessing the Network or using the Services or the Website you and/or the entity you represent (you, your) agree to be bound by these Terms, as altered by us from time to time. If you do not wish to agree to these Terms, including any updated version of these Terms,you must cancel your registration with and stop accessing the Network and/or or stop using theServices and the Website.
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INTRODUCTORY
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1. Our Services

1.1 The Network is a network of Māori Businesses and it includes a directory of those Businesses that is accessible to the public. We provide the Network to facilitate Māori Businesses to promote themselves, to create a community hub for Māori Businesses and Professionals and to assist customers with finding a Māori Business.

1.2 While Businesses may be listed on the Website, we do not control or have any input into the operation of those Businesses and have no responsibility for the provision of any goods or services by those Businesses or any liability for their performance.

1.3. Inclusion of a Business in the Network does not imply and recommendation or endorsement by us, and each Business agrees that it will not represent that we recommend or endorse the Business without our prior written agreement.

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2. Use of the Website

2.1. The information on the Website can be accessed and used by any persons who can form legally binding contracts under applicable law.

MEMBERS OF THE NETWORK
The terms in this section apply to Businesses or Professionals that register to be members of the Network.

3. Registering with the Network

3.1. You may register with the Network as a business (Business) if you identify as a Māoribusiness through whakapapa or as an individual professional (Professional) if you identify as Māori through whakapapa. There are certain Services that will be available only to Businesses and Professionals that are registered with the Network.

3.2. You may only register with the Network as a Business if you are a genuine business that is offering goods and services within New Zealand.

3.3. If you register with us as a business entity or on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

3.4. We may decline to register you for any reason, and we are not obliged to state such reason.

3.5. We may provide Services and other opportunities to Businesses and/or Professionals from time to time. It is in our sole discretion what Services and other opportunities weprovide and who we offer those Services and opportunities to. The terms of any Services or opportunities will be communicated to you at the time these are offered to you.

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4. Profile

4.1. When you register with us as a Business (but not as a Professional), you will submit tous information and other content relating your Business (Content) that will be used tobuild your Business profile for the Website (Profile).

4.2. You agree to us:
(a)publishing your Profile on the Website, which is available to the public;

(b)using your Content on social media accounts associated with the Network; and

(c)using your Content in case studies related to the Network, which we may publishon the Website, on related social media account or otherwise.

4.3. You acknowledge that while we will remove your Profile within a reasonable period of time after you cancel your registration with the Network, some of your Content may still be available on the Internet, for example through cached versions of the Website or on social media accounts associated with the Network.

5. Ending your registration

5.1. You can cancel your registration with the Network at any time by giving us notice in writing.

5.2. If you end your registration for the Network your Profile will be removed from the Website (if applicable) and you will not have access to the Services.

5.3. We may terminate or suspend your registration with the Network at any time, and remove your Profile from the Website, if we (in our sole discretion) consider that you have breached these Terms, breached any applicable law or have any other concerns about your conduct, whether related to the Network or not. You agree that you will have no claim against us for any deactivation or removal in accordance with this clause.

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General

The terms in this section apply to all users of the Network, Website or Services.

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6. Information

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6.1.You agree that you are responsible for keeping the information connected with you up
to date.
6.2.You agree that, when you register for the Network, and whenever you provide us with
any information or materials, either through the Website or in any other way:
(a)all information that you provide to us will be accurate, complete and up to date,
and you will provide us with all information requested;
(b)you have all the rights necessary to provide the information and materials to us
and for us to make the information and materials available to others on the
Website; and
(c)for any personal information you provide to us about any person, you have
obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and in accordance with our
privacy policy.

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1. Indemnity
You agree to at all times indemnify us and our officers, servants and agents against any andall liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your participation in the Network, any claims against you from any of your customers or any person who relies on any information that we publish about you orthat you otherwise provide to them, any claims relating to your Business, and any information or materials provided by you or anyone else using your account and/or any breach of these Terms.

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7. Details

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7.1. You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.

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7.2.You agree not to:
(a) impersonate another person;
(b) use a false name or a name you are not authorised to use;
(c) create a false identity or provide a false address or email address;
(d) be misleading as to the identity or origin of any communications; or
(e) use the Network, Website or the Services for any illegal purpose.
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8. Intellectual Property Rights

8.1. You retain ownership of all intellectual property rights in all Content that you submit for us to include in your Profile. You hereby grant us a royalty free, non-exclusive licence to publish any such content for the purposes set out in these Terms including our privacy policy.
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8.2. Subject to clause 9.1, you acknowledge and agree that all intellectual property rights in the Network, Services and Website are owned by us or our licensors. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of the Website or commercialise or on-sell any information or software obtained from the Website or from us.
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8.3. You agree to abide by these Terms and such other terms and conditions relating to theNetwork, Services or Website as we or our licensors may specify from time to time.
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8.4.We welcome your feedback, ideas or suggestions (Feedback), but you agree that we may use your Feedback without any restriction or obligation to you.

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9. Errors and Complaints

9.1. You must contact us immediately if there is an error or defect in the Network, Servicesor Website.
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9.2. We will use all reasonable endeavours to correct any such error, but, to the maximum extent permitted by law, will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or defect within the Network, Website or Services.

9.3. If you have any concern about the information that is available on the Website, whether that information relates to you or someone else, or the conduct of any member of the Network, you may let us know by contacting us at kiaora@whariki.co.nz. We will follow our internal processes in response to any concerns reported to us.

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10.Compliance with policies

By registering with the Network or using the Services or the Website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.

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11. Privacy policy
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Your privacy is important to us. We gather, process, use, store and disclose information about you in accordance with our privacy policy, which may be found here. Our privacy policy forms part of these Terms, and by registering with the Network or using the Services or the Website you agree to our privacy policy.

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12. Website integrity

You must not attempt to damage, interfere with or harm our Website or our Services, or any network or system underlying or connected to them in any way whatsoever.

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13. Amendments

13.1. We may amend these Terms from time to time. Notice of any such amendments will be announced on this Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes.

13.2. Your continued membership with the Network or use of the Services or our Website will constitute your acceptance of any changes or revisions to these Terms.

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14. No Warranties

14.1.You understand and agree that your membership with the Network and use of the Services and the Website is at your sole risk.

14.2. The Network, Website and the Services are provided on an “as is” and “as available” basis. To the maximum extent provided by law, we disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of accuracy, completeness, reliability, merchantability and fitness for a particular purpose).

14.3. Without limiting the above, to the extent permitted by law, we do not warrant that theServices or the Website will be uninterrupted, timely, secure, error-free or that any information or materials provided through the Services or the Website are accurate, complete or up-to-date.

14.4. All statements, information and recommendations made by us on the Website or aboutthe Services are believed to be reliable, but do not constitute a guarantee or warranty.

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15. Maximum Liability

If we are found to have any liability under or in connection with these Terms, to the extent permitted by law, the maximum amount of our liability arising out of all claims under these Terms or relating to the Network, Services or Website will not in any circumstances exceed NZ$100.
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16. Waiver

Our failure or delay to exercise any right or remedy we may have under these Terms will notbe construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

17. Governing Law

‍These Terms will be governed by the law of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

Last updated [May 2021]

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