Terms and Conditions
NZ Aviation News Limited Legal Notices
Please review NZ Aviation News's Terms of Service and Privacy Policy below.
Terms of Service
Welcome to NZ Aviation News! Access to, and use of NZ Aviation News's website located at www.aviationnews.co.nz (the “Site”) and other NZ Aviation News Internet services (together with access to, and use of the Site, the “Service”) are subject to the following Terms of Service (these “Terms”). Please read these Terms carefully. Creating an account with NZ Aviation News or otherwise accessing or using the Service will signify that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and NZ Aviation News Limited (“NZ Aviation News” or “we” or “our”). If you do not agree to these Terms, you may not use the Service.
THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF NZ AVIATION NEWS. PLEASE READ THESE TERMS IN THEIR ENTIRETY.
1. Description of Service
The Service is operated by NZ Aviation News, and includes the Site through which you order, subscribe to and receive the digital newspaper, content and products (collectively, the “Publications”).
2. Your Account
Certain portions of the Service are available only to individuals who have registered with and obtained a password from NZ Aviation News. You may not provide or use a password, email address, or any other information of anyone else in connection with the Service. You agree to provide true, accurate, current and complete information about yourself when you register with or order Publications from NZ Aviation News, and to maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.
3. User Conduct
You may only use the Service for lawful purposes and in accordance with these Terms and any operating rules established by NZ Aviation News from time to. NZ Aviation News reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based on any activity by a subscriber in violation of these Terms or applicable laws and regulations.
4. International Users
The Service is controlled, operated and administered by NZ Aviation News from its offices in New Zealand. You are responsible for compliance with all laws and regulations that apply in your locality. You agree that you will not use the Service or any Publications accessed through the Service in any manner prohibited by any laws and regulations that apply in your locality.
5. Intellectual Property
All content included as part of the Service, such as text, graphics, logos, button icons, images, as well as compilations thereof, and all software used on the Site, is the property of NZ Aviation News or its suppliers or licensors, and is protected by New Zealand law, and applicable international laws and treaties, including without limitation copyright and other laws and treaties that protect intellectual property and proprietary rights. You agree to observe and abide by all such applicable laws and treaties, and to not alter, obscure or remove any copyright and other proprietary notices, legends (whether outlining restrictions on use or otherwise) contained in any such content.
NZ Aviation News owns the copyright in and to all content original to it, including without limitation on the Publications delivered or otherwise made available to you through the Service. You acknowledge that you do not acquire any ownership rights in a Publication by downloading a Publication accessed through the Service.
Except as explicitly required under applicable copyright laws and treaties or permitted by the Site, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party access to the content of the Site, the Publications, or any portion of them without the express permission of NZ Aviation News.
We do not grant you any licenses, express or implied, to the intellectual property of NZ Aviation News or our licensors except as expressly authorized by these Terms.
6. Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NZ Aviation News shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. Disclaimer of Warranties
THE SERVICE AND ALL PUBLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NZ AVIATION NEWS, ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER NZ AVIATION NEWS NOR ITS AFFILIATES, SUPPLIERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINTED IN THE PUBLICATIONS WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PUBLICATIONS OR THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ARE SOLELY RESPONSIBILE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. NZ AVIATION NEWS IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR OTHERWISE ACCESS CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NZ AVIATION NEWS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NZ AVIATION NEWS NOR ITS AFFILIATES, SUPPLIERS LICENSORS, OR AGENTS IS LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NZ AVIATION NEWS FOR CLAIMS FOR DIRECT DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR PUBLICATIONS OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO NZ AVIATION NEWS FOR THE PORTION OF THE SERVICE OR PUBLICATION GIVING RISE TO THE CLAIM.
9. Indemnification
You agree to defend, indemnify and hold harmless NZ Aviation News, its licensors, suppliers and any third-party content providers and their respective directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs, including attorney's fees, arising out of or resulting from (a) your use of the Service or the Publications, (b) your violation of these Terms, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service or the Publications using your account.
10. Monitoring
NZ Aviation News retains the right, but not the obligation, to monitor the Service to determine compliance with these Terms and any operating rules established by NZ Aviation News, and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we retain the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of NZ Aviation News's or its licensors' obligations.
11. Termination and Refund Policy
Either NZ Aviation News or you may terminate these Terms at any time. Without limiting the foregoing, NZ Aviation News may, in its sole discretion and without liability, terminate your password, or use of the Service for any reason, including, without limitation, if NZ Aviation News believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and NZ Aviation News may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. Sections 2, 4, 5 and 7 through 15 shall survive termination of these Terms.
Refund policy for credit card purchases on www.aviationenws.co.nz. NZ Aviation News will provide a refund for all unserved issues of Publications to the original credit card used for purchase. Single copy purchases will only be refunded in the event that you are unable to download the issue. Please go to NZ Aviation News to request a refund.
Refund policy for Paypal purchases on www.aviationnews.co.nz. NZ Aviation News will provide a refund for all unserved issues to your Paypal account within 60 days of purchase. Due to Paypal’s policy, after 60 days all Paypal sales are final.
12. Continuous Service Program
All subscription orders will include "Continuous Service" which enables you to receive uninterrupted delivery of Publications until you cancel your subscriptions. You may cancel subscriptions at any time and receive a refund for any unserved issues (see Refund Policy below). With Continuous Service, after all issues of a Publication in your initial subscription period have been served, you will be billed automatically, at the end of your initial subscription period, for the next subscription period in accordance with the then-current offer terms applicable to that Publication as they appear on our Service.
13. Pricing and Tax
All pricing featured on the Site is exclusive of GST and sales tax. GST or any applicable sales tax based on your billing address and the tax rates in effect at the time your transaction is completed will be added to the purchase transaction. NZ Aviation News will only charge tax in countries or states where digital goods are taxable. No customers are eligible for the tax exemptions for transactions made on the Service.
14. Miscellaneous
These Terms, and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between NZ Aviation News and you with respect to your use of the Service and supersede all previous written or oral agreements between us. These Terms shall be governed by the statutes and laws of New Zealand, without regard to the conflicts of laws principles thereof, and the parties submit to the exclusive jurisdiction of the New Zealand Courts with respect to any dispute arising under or relating to your use of the Service or these Terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
15. Notification of Changes
From time to time, NZ Aviation News may revise these Terms to keep them up to date with NZ Aviation News's products and services. Please refer to the Site periodically for any changes. The update date first written above is used to alert you to recent modifications. Your access or use of the Service subsequent to such an update will signify your assent to be bound by such changes
Privacy Policy
NZ Aviation News knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy (this “Policy”) explains NZ Aviation News's treatment of information that we collect when you are on our website located at www.aviationnews.co.nz (the “Site”) and when you use our products and services (collectively, the " Service"). By using the Service, you are accepting the practices described here.
Information We Collect
NZ Aviation News collects information from users, which may include personally identifiable information (“Personal Information”), at different points on the Site and through the Service or the NZ Aviation News Reader software as follows:
Information You Give Us
We receive and store information you enter on the Site or give us in any other way.
Registration data: When you register for the Service, we ask that you provide basic contact information such as your name, address, and email address.
Order data: When you order Publications through the Service, we collect your purchase and address or billing information, including your credit card number and expiration date. :
Additional information: We may collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with NZ Aviation News customer support.
Information Collected Automatically
We receive and store certain types of information whenever you interact with us via the Site or the NZ Aviation News Reader software.
Computer and device configuration, identification and location: We automatically receive and log information from your browser, including your IP address, the name and ID of your computer, mobile device and other devices, your operating system, browser type and version, CPU speed, connection speed, and location information based on your IP address and as derived from GPS or similar features on your mobile device and other devices.
Referral, clickstream, and site interaction data: We may also record the URL you linked from to get to the Site, your clickstream through and from the Site, and other tracking information.
Email delivery and open rates: To help us make our emails more useful and interesting, and to ensure that we are delivering the Publications you have ordered, we often receive a confirmation when you receive and/or open email from NZ Aviation News. In addition, we collect offline readership information.
Software installation, file downloads, and publication access: When you install the NZ Aviation News Reader software or download Publications or other files from the Site, we may record when each file transfer begins and ends and any errors that interrupt the transfer. The NZ Aviation News Reader software also records whether or not you downloaded and accessed a given Publication.
How We Use Cookies
Cookies are alphanumeric identifiers that a website can store on your computer's hard drive. When you visit the Site, create a user account, download or purchase a product from us, we may set cookies on your personal computer. We require that cookies be enabled in your Web browser so that we can identify you as a repeat visitor or customer and maintain session information for logged-in users. We also use cookies to track usage trends and patterns in order to better understand and improve areas of the Site.
How We Use the Information We Collect
NZ Aviation News uses information about you to:
Deliver the Publications and other products you order or that are sent to you
Verify access to secure content and your account information
Determine whether you meet the minimum system requirements for use of the Service
Provide you tailored content and instructions, renewal options and promotions
Service your customer support requests
Ask you to participate in surveys about our products and services
Offer you Service upgrades
Better understand, on an anonymous and aggregated basis, how the Service is being used, including Web traffic and reading patterns, so that we may continually improve our Service
See below for a description of NZ Aviation News's practices regarding e-mail communications to our users and how to update your preferences with respect to such e-mail communications.
How We Share the Information We Collect
We may share your Personal Information only as follows:
Agents: We may employ other companies and individuals to perform functions on our behalf such as fulfilling orders, sending email, processing credit card payments, and providing customer service. These companies or individuals will be provided access to Personal Information needed to perform their functions, but these companies and individuals have agreed or will agree to not use your Personal Information for other purposes.
Protection of the Site and others: We release account and other Personal Information when we believe release is appropriate to comply with the law; to enforce or apply our Terms of Service, the NZ Aviation News Reader License Agreement , or other agreements; or to protect the rights, property, or safety of the Site, our users, or others.
Business transfers: NZ Aviation News may transfer Personal Information it collects in connection with a merger, acquisition or sale of all or most of the assets of NZ Aviation News related to the Site and/or the Service. You acknowledge that such transfers may occur, and that any acquirer of NZ Aviation News may continue to use your Personal Information as set forth in this Policy.
Email Communications to our Users
NZ Aviation News does not send unsolicited email, but we do send email communications to our users in connection with the provision of the Service. The following outlines the types of email NZ Aviation News sends to our users and the choices you have about which messages to receive.
Messages required to service orders you place for Publications and products fulfilled by NZ Aviation News: NZ Aviation News will send you email notifying you of the availability of each Publication or other product or service that you order either directly from NZ Aviation News.
Messages required to service your NZ Aviation News account: NZ Aviation News may send you the following messages: (a) for newly registered users, a welcoming email;(b) messages confirming each order you place directly on the Site; (c) messages confirming your account changes; (d) messages inviting you to participate in customer surveys; and (e) messages informing you of important product or service updates related to our business.
Changing or Removing Your Information
To review or update your Personal Information, or to alter your email address, go to "email address" in the "account settings" area of the Site.
If at any time you would like to close your account, send your email to support@aviationnews.co.nz. Your Personal Information will be removed from our active user database and will be deleted, provided that (a) you are current with all payment obligations, (b) NZ Aviation News does not believe it reasonably necessary to keep such information for any pending legal action, and (c) we are under no obligation to retain such information.
Information Storage
NZ Aviation News uses commercially reasonable security methods to protect your Personal Information. Your Personal Information will be stored in a database located behind multiple firewalls and accessible only to authorized personnel. We do not encrypt normal Web sessions, but any transmission to our servers of credit card or other Personal Information uses Secure Sockets Layer (SSL) software, which encrypts information you input. Password and credit card information is stored in third party database in an encrypted, non-human readable form.
Children
NZ Aviation News does not knowingly collect, either online or offline, Personal Information from persons under the age of thirteen.
Notification of Changes
From time to time, NZ Aviation News may revise this Policy. The update date first written above is used to alert you to recent changes. If changes to this Policy will directly affect how we share your Personal Information, we will notify you by posting a notice on the Site or by sending you an email and giving you an opportunity to opt out of such change. Unless we notify you otherwise, our collection and use of your Personal Information is governed by the version of this Policy in effect at the time such Personal Information is collected.
How to Contact Us
If you have any questions or concerns regarding this Policy or our use of your information, please email support@aviationnews.co.nz or use the following address:
NZ Aviation News
PO Box 10314
Dominion Road
Auckland 1446
New Zealand
www.aviationnews.co.nz