Terms of use

Introduction

This Site is provided by Western Bay of Plenty Tourism and Visitors Trust. This Site provides access to, and use of, digital Assets by registered users for the authorised purposes as stated on this Site only.

The following Terms of Use form a contract between you and Western Bay of Plenty Tourism and Visitors Trust for your use of this Site and any assets you download or share from this Site (Terms).

Western Bay of Plenty Tourism and Visitors Trust may revise these Terms any any time. Any changes to these Terms will be displayed on this website.

Definitions

• Asset - means a digital file stored in the Brandkit platform (this Site).
• Brandkit - means the E-see International Ltd, the provider of the Brandkit Platform.
• Brandkit Platform - means the Brandkit software, storage service, designs, processes, intellectual property and multiple public facing web portals (such as this Site), operated by Brandkit.
• Site - means this website.

Privacy

Where we collect personal information about you as a result of your accessing or using this Site, our Privacy Policy will apply to that information. Accordingly, these terms of use must be read together with our Privacy Policy.

Your use of this Site

You agree not to use this Site for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this Site whether by way of a virus, corrupted file, or through any other means.

Furthermore you agree not to alter, modify, reproduce, communicate to the public, or otherwise deal with the content, software, text, graphics, layout or design of this Site except in accordance with these Terms of use.

Your account

In order to access certain information, features, or services offered on this Site, you must create an account. To create your account, you must (among other things) complete your account registration details in the manner described on this Site (including providing your email address and and a password, which we will use to verify your identity when you use this Site). You must ensure that your account registration details are complete and accurate when submitted to us, certify that the information that you have given is true and correct, and you keep your account registration details up-to-date. We may at our discretion (at any time and without notice to you) suspend or terminate your account, your ability to use all or part of this Site, or your ability to use any information, features, or services available through this Site.

Your email address and password

Your account registration details (including your email address password) are personal to you. You must always maintain the confidentiality of your password and not disclose it to any third party. You agree that you are solely responsible for any use of this Site by any person using your email address and password and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your email address or password. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

Asset download form and Licence Terms

In order to access, download or use ‘Assets’ through this Site, you must complete the Asset Download Form and agree to the relevant Licence Terms according to each asset.

To complete an Asset Download Form, you must (among other things) complete the details in the manner described on this Site (including specifying your intended use of the relevant Assets). You must ensure the details provided in the Asset Download Form are complete and accurate when submitted to us, and certify that the information that you have given is true and correct.

User content

This Site may from time to time enable you and other users to submit content and other user-supplied content (‘user content’). You must ensure that you have all necessary rights (including appropriate licences) to submit or supply the user content to this Site.

By creating, modifying, transmitting, uploading, or submitting any user content, you:

1. grant us a non-exclusive, royalty-free, fully paid, worldwide, perpetual, irrevocable, licence to publicly display, communicate to the public, and make the user content available (by all means and in any media now known or hereafter developed) to other users of this Site and other users of our services in such manner as we may permit from time to time; and
2. acknowledge and agree that no royalties or other remuneration will be paid or payable to you for your user content, or for the granting of the rights described above.

You are solely responsible for the user content that you make available through the Site. You represent and warrant that any user content you make available:

1. does not infringe any copyright, privacy right, or any other right of any third party; and
2. does not contain any matter that is defamatory, offensive, unlawful or that may damage the reputation of Brandkit or the owners or creators of any of the Assets used.

You agree to fully indemnify and hold harmless both Western Bay of Plenty Tourism and Visitors Trust and Brandkit, and for both, its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including reasonable lawyers’ fees) arising from your actions or the user content that you make available.

We have no obligation to you to make this Site or any user content or Assets available. Western Bay of Plenty Tourism and Visitors Trust or Brandkit may in its absolute discretion, remove any user content or Assets at any time. We may at any time edit, refuse to display, or remove any part of this System (including your user content) as we deem appropriate.

Intellectual Property

The materials displayed on this Site are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. Unless otherwise stated, copyright and other property rights in all material published or available on this Site, including the text, graphics, illustrations, artwork, video, music, logos, icons, sound recordings, layout, designs, source code, computer programs and software, audio, visual elements and Assets shall belong to us or to our licensors (together, ‘our intellectual property’).

Except as expressly permitted in the Licence Terms beside each asset, or with our prior written permission, you may not in any form or by any means:

• use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate, transmit, or otherwise deal in any way with our intellectual property; or
• commercialise any information, products or services obtained from any part of this Site.

The software which operates this Site is proprietary software and you are not permitted to use it except as expressly allowed under these terms of use. Any other use or purported licensing, modification, enhancement, or interference is strictly prohibited.

Trade marks

The name and logo's of Western Bay of Plenty Tourism and Visitors Trust and all trade marks appearing on this Site belong to us, our suppliers, our customers, our affiliates, or our licensors. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without our prior written permission in each case.

Feedback and unsolicited submissions

If you give us feedback about this Site or our services or Assets we may use that feedback for the purpose of improving our Site, our services or Assets (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation. If you do send us unsolicited ideas:

1. they will be treated as ‘user content’ in accordance with these terms of use;
2. they will be deemed to be non-confidential; and
3. we will not be required to provide any acknowledgement of their source.

Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy or otherwise disclosed to you. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Disclaimers

While we endeavor to ensure that the accuracy of information available through this Site and that the content of this Site is free from errors, we do not give any warranty or other assurance as to the content of material available on or through this System, its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.

To the maximum extent permitted by law, and subject to any agreement we have with you that provides to the contrary, we provide this Site and all Assets, material, information, and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

You acknowledge that if you rely on this Site or any Assets or other material available through this Site, you do so solely at your own risk. We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of this Site or any linked website.

We do not warrant that your access to the Site will be uninterrupted or error free, that any defects will be corrected or that this Site or the server which stores and transmits content to you are free of viruses or any other harmful components.

Limitation of liability

To the fullest extent permitted by law, we exclude all liability to you for any loss or damage of any kind (however caused or arising, including by negligence) arising from or in connection with your use of this Site and its content. If despite the exclusion of liability in these terms we are found liable to you, then to the fullest extent permitted by law our liability for any single event or series of related events is limited to NZD$100.

Governing law

These terms of use are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the New Zealand courts in relation to all disputes arising out of or in connection with these terms of use or this Site.

These terms of use were last updated on 31 March 2025.