terms of use

last updated | 30 September 2012


The McCorkindale Business Solutions network of websites ("Network") is owned and operated by McCorkindale Business Solutions Limited ("MBSL"). Your access to the Network is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Network (known collectively as "Terms of Use"). Your use of, and/or access to, the Network constitutes your agreement to the Terms of Use. MBSL reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Network.



General Terms

  • Intellectual property and restrictions on use of content on the network
  • Communication facilities
  • User licence
  • Advertising, links to third party websites and e-commerce offers
  • Disclaimer and limitation of liability
  • Termination
  • Trademarks
  • Miscellaneous


Intellectual property and restrictions on use of Content on the Network

All information, text, material, graphics, software and advertisements on the Network ("Content") are copyright works of MBSL, its suppliers and/or licensors unless expressly indicated otherwise on the Network. The Content is protected by New Zealand and international copyright and trademark laws. Content on the Network is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Network or expressly authorised in writing by MBSL or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Network in any manner or for any purpose which is unlawful or in any manner which violates any right of MBSL or an affiliate or which is prohibited by the Terms of Use.

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Communication facilities

The Network may from time to time contain communication facilities, which provide for feedback by users to MBSL, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").


By providing the Communication Facilities MBSL does not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by users.


If you register to use the Communication Facilities you must provide accurate registration information. Your right to use the Communication Facilities is personal to you. You must not authorise others to use your registration details. You are responsible for everything recorded under your registration details.


It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following:


  • restrict or inhibit any other user from using or enjoying any forum;
  • post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  • post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
  • post or transmit any material of any kind which contains a virus or other harmful component;
  • post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
  • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
  • download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
  • run network scanning software or use open relay to distribute messages;
  • create or use a false identity for the purpose of misleading others as to the identity of the sender or origin of any message;
  • post or transmit any material which is encrypted or constitutes junk mail or spam, including sending unsolicited emails, bulk email or distribution to multiple discussion groups, distributing chain letters, pyramid schemes or hoaxes;

MBSL may from time to time monitor or review the contents of its Communication Facilities. While MBSL reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in MBSL's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, MBSL has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is MBSL responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Network are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.


MBSL reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

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User licence

By placing any information or other material on the Network (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to MBSL a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:


  • use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
  • sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of MBSL and any other party authorised by MBSL all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of MBSL, you will execute and deliver to MBSL such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

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Advertising, links to third party websites and e-commerce offers

The Network contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of MBSL and MBSL is not responsible for the contents of any linked website or any hyperlink contained in a linked website. MBSL provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by MBSL or its affiliates. You link to any such website entirely at your own risk.


The Network also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by MBSL or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.


In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by MBSL, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

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Disclaimer and limitation of liability

Legislation such as the Fair Trading Act or the Consumer Guarantees Act may confer rights and remedies on you in relation to the provision by MBSL of goods or services on the Network which cannot be excluded, restricted or modified ("Non-excludable Rights"). MBSL does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.


Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) MBSL and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) MBSL does not warrant that the functions contained in any Content or any Communications Facility or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) MBSL does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not MBSL) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content. MBSL reserves the right to change, delete or move any Content at any time without notice.


You must make your own assessment of the suitability of the Content for your own purposes. You are solely responsible for the actions you take in reliance on the Content on or accessed through this website.


Under no circumstances (including but not limited to any act or omission on the part of MBSL) will MBSL or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Network or any Content. You expressly acknowledge and agree that MBSL does not exert control over users of the Network (including individuals referred to on the Network as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.


To the fullest extent permitted by law, MBSL's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of MBSL to the following:


in the case of services supplied or offered by MBSL,

  • the supply of the services again, or
  • the payment of the cost of having services supplied again; and in the case of goods supplied or offered by MBSL,
  • the replacement of the goods or the supply of equivalent goods,
  • the repair of such goods,
  • the payment of the cost of replacing the goods or acquiring equivalent goods, or
  • the payment of the cost of having the goods repaired.

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Amendments

MBSL may amend the Terms of Use at any time without notice. Any amendments are effective as soon as they are posted. You should check and read these Terms of Use regularly. By continuing to use this site after any such amendment, you are deemed to have agreed to the amended Terms of Use.

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Termination

The Terms of Use are effective until terminated by MBSL, and MBSL may terminate this agreement and your access to the Network at any time without notice. In the event of termination, you are no longer authorised to access the Network, but all restrictions imposed on you, licenses granted by you and all MBSL disclaimers and limitations of liability set out in the Terms of Use will survive.

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Trademarks

The trade marks displayed on the Network are trade marks of MBSL, its affiliates or of their respective owners. Nothing contained on the Network should be construed as granting any licence or right of use of any trade mark displayed on the site without the express written permission of MBSL, the relevant MBSL affiliate or third-party owner.


Microsoft Corporation, Intersoft Systems Limited, SecureCom Limited, MotorWeb Limited

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Miscellaneous

MBSL relies on your continued observance of these Terms of Use. If MBSL suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify MBSL for those losses, damages and costs.


This agreement will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.

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Specific Terms of Use for User Generated Content

The Network contains electronic bulletin boards, chat rooms, video services and other user generated content which provide for feedback by users to msn nz, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("User Generated Content").


1. Your use of User Generated Content: It is a condition of your use of any User Generated Content and your access to the Network that you do not do any of the following:

  1. restrict or inhibit any other user from using or enjoying any forum;
  2. post or transmit any material:
    • which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
    • of any kind which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) upon the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights;
    • which you know (or reasonably ought to know) to be false, misleading or deceptive;
    • of any kind which contains a virus or other harmful component;
    • or in any way exploit any material for commercial purposes or which contains any promotional material or advertising;
    • which is an invasion of any privacy or publicity rights; or
    • which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any other physical or mental disability
  3. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; and
  4. download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner. Video services are provided on Soapbox (Beta) on msn video. Members of Soapbox a required to follow the Soapbox (Beta) Service Code of Conduct in addition to complying with these Terms of Use.

2. MBSL's Rights

  1. MBSL may from time to time monitor or review the contents of User Generated Content. While MSN NZ reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in msn nz's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, MSN NZ has no obligation whatsoever to monitor any User Generated Content or to edit, delete or refuse to post such contents, nor is MSN NZ responsible for any User Generated Content (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Network are solely their own). You expressly acknowledge and agree that the User Generated Content provides a means of public and not private communications.
  2. MBSL retains the right and discretion to terminate your access to any User Generated Content if we believe you are abusing the service or breaching any of these terms or conditions.
  3. MBSL reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law, and in doing so you consent to us collecting and storing your IP address.

3. Disclaimer and Indemnities

  1. You acknowledge that the comments or opinions contained in the User Generated Content are not the comments or opinions of MBSL, and MBSL accepts no liability in relation to material posted including its content or accuracy.
  2. You agree to fully indemnify and hold harmless MBSL and its related entities against liabilities, claims, loss (including consequential loss) or damage incurred:
    • due to your reliance on any User Generated Content;
    • as a result of material you post or as a result of any breach by you of these terms and conditions.
  3. Information provided on this Web site is not intended to be relied upon or used without seeking professional advice. MBSL will not be responsible for any loss to any company or person as a result of using information from this site.

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