Terms of use overview

All assets are free to use as long the full terms of use, licence rules and usage instructions are followed.


 Use of assets must inure to the benefit of Western Bay of Plenty Tourism and Visitors Trust in some way.

 All assets must not be used past the Expiry date of the asset.

 All use of assets must comply with the individual asset Licence rules.

 All use of assets must comply with the Brand Guidelines and any Usage instructions.

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:

  1. use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate, transmit, or otherwise deal in any way with our intellectual property; or
  2. 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.

The views expressed in any third party material (including the Assets) or user content on or available through this Site are not necessarily the views of Western Bay of Plenty Tourism and Visitors Trust or Brandkit, and we expressly disclaim all responsibility for any third party material or user content on or available through this Site.

These terms of use shall not limit or restrict any right you may have under New Zealand law, including the Consumer Guarantees Act 1993, if it is applicable. However, if you are using any of our services for business purposes, you agree that to the maximum extent permitted by law no guarantees and remedies provided under the Consumer Guarantees Act 1993 shall apply to those services.

If any provision of these terms of use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

Liability and indemnity

To the maximum extent permitted by law, neither Western Bay of Plenty Tourism and Visitors Trust, Brandkit or our suppliers will, under any circumstances, be liable (in tort, contract or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic damages or losses (howsoever caused), which you may directly or indirectly suffer in connection with:

  1. your use of, or inability to use, the Site or any material available on or through the System;
  2. any action or decision taken as a result of using this Site, or any material available on or through the Site.

If the limitation of liability in the previous paragraph is held to be invalid in whole or in part, then our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one New Zealand dollar (NZD$1.00).

You agree to indemnify, defend, and hold harmless both Western Bay of Plenty Tourism and Visitors Trust and Brandkit, and for both, its officers, directors, shareholders, employees, consultants, licensors, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including reasonable lawyers' fees) arising from your use of, or reliance on, this Site or any material available on or through this Site (including the Assets), your failure to comply with these terms and conditions, or from your violation of any applicable law.

Availability

Your use of this Site and any associated services may sometimes be subject to interruption, unavailability, restriction, or delay. Due to the nature of the Internet and electronic communications, we (and our service providers) do not make any warranty that this Site or any associated services will be error free, without interruption or delay, or free from defects. We will not be liable to you should this Site or the services supplied through this Site become unavailable, interrupted, restricted or delayed for any reason.

Hyperlinks

This Site may contain hyperlinks to third party websites (‘external hyperlinks’). External hyperlinks are provided for your convenience only and may not remain current or be maintained. We make no endorsement of, and accept no responsibility for, any content accessible through any external hyperlink. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party. You are responsible for complying with any terms and conditions imposed by third party websites.

Malicious code

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this Site, we do not guarantee or warrant that this Site, or any material available on or through it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this Site does not expose your computer system to the risk of interference or damage from malicious code.

Security

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this Site and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this Site or any external hyperlink.

Changes

We reserve the right to add to, modify, suspend, or remove this Site or any information, feature, specification, or other part of this Site (at any time and without notice to you). We reserve the right to change these terms of use from time to time. You should review the terms of use periodically against the asset you have downloaded. By continuing to access or use this Site following such publication you agree to be bound by the terms of use.

Applicable laws

This Site is controlled and operated by us, from offices within New Zealand. Details contained on this Site have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information available from this Site is appropriate in other countries. If you choose to access this Site from outside New Zealand you are responsible for compliance with applicable local law.

Governing law

These terms of use (and any contracts between you and us which arise through your use of this Site) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use (and any contracts between you and us which arise through your use of this Site).


These terms of use were last updated on 31 March 2016.

Privacy Policy

Effective Date: 25 May 2018

This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

This privacy policy is subject to, and must be read in conjunction with, our Terms of Use.

General

In this privacy policy ‘we’, ‘us’, and ‘our’ refers to Tourism Bay of Plenty and E-see International Ltd trading as Brandkit.

Definitions

  • Service

    Service means this website, which runs on the Brandkit Platform (Service infrastructure).

  • Brandkit Platform

    Brandkit Platform means the Service infrastructure operated by Brandkit.

  • Personal Data

    Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

  • Usage Data

    Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Cookies

    Cookies are small pieces of data stored on your device (computer or mobile device).

  • Data Controller

    Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

    For the purpose of this Privacy Policy, Tourism Bay of Plenty is the Data Controller of your Personal Data.

  • Data Processors (or Service Providers)

    Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

    For the purpose of this Privacy Policy, Brandkit is the Data Processor of your Personal Data because they process the data on our behalf.

    We also may use the services of various Service Providers in order to process your data more effectively.

  • Data Subject (or User)

    Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Job Title
  • Company or organisation name
  • Nature of organisation
  • Country
  • Cookies and Usage Data

We may use your Personal Data to contact you with communications, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, or by contacting us.

Usage Data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

We use the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), our legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

We may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it's not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside of the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Disclosure for Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

We may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Tourism Bay of Plenty and/or Brankit
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your user account profile page (My Profile). If you are unable to perform these actions yourself, please contact us to assist you.

  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

  • The right to object. You have the right to object to our processing of your Personal Data.

  • The right of restriction. You have the right to request that we restrict the processing of your personal information.

  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format. You can download a copy of the information we have on you at any time from your user account profile page (My Profile).

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where E-see International Ltd relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics

    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

    You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 16 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

Cookies

This Site uses cookies to improve the user experience, including remembering your searches and selections.

A cookie is a small portion of data sent from a website and stored in a user's web browser while a user is browsing a website. When the user browses the same website in the future the cookie data can be retrieved by the website to notify the website of the user's previous activity.

This page describes how Brandkit may use cookies on its websites and provides information on how users can disable cookie.

How do I control cookies?

Your web browser can be set to notify you when cookies are used or to refuse cookies. You can access these settings in your web browser. If you do choose to adjust your browser to not accept cookies you may experience some loss in functionality on this website

For more information on how to adjust your browser settings for cookies see www.aboutcookies.org
For a guide to online behavioural advertising and online privacy see www.youronlinechoices.com

Please note:

  • Accepting a cookie does not give us access to your computer or personal information stored on your hard drive under any circumstances.
  • Although you can configure your web browser to not accept cookies, if you do so you may experience a resulting loss of functionality of this website.
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