Terms of use

These Terms of Use apply to this website which is operated by Arena Living Limited under the domain name www.arenaliving.nz ("Website").

By proceeding beyond the homepage you agree to use this website in accordance with the terms and conditions set out below and with our Privacy Policy (found here).

We may revise these Terms of Use from time to time and will notify you of such revisions by posting an updated version of these Terms of Use on this Website. It is your responsibility to check these Terms of Use periodically for revisions. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as revised.  If you do not agree with any aspect of the revised Terms of Use, you must immediately cease using this Website.

In addition to the provisions of these Terms of Use, you must also adhere to our policies and other requirements in respect of this Website that we notify to you from time to time (including by posting such policies or requirements on this Website). In the event of any inconsistency between the provisions of these Terms of Use and those other policies and requirements, the specific and additional provisions of those policies and requirements will prevail.

The materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement ("Content") and this Website are provided for personal, non-commercial and informational purposes only and are not intended to provide commercial, financial or legal advice.  While we have endeavoured to ensure that the Content and this Website is free from error, we do not warrant its accuracy, adequacy or completeness or that it is suitable for your intended use. This Website and the Content are provided on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. We do not warrant that this Website or the server that operates it will be free from viruses or errors or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it or that defects will be corrected. You assume the entire cost of all necessary servicing, repair, or correction.

We reserve the right to make any change to the Content or modify, disable access to or discontinue, temporarily or permanently, part or all of this Website or any information contained on this Website without notice. We may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.

The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:

  • constitute an offer or inducement to enter into a legally binding contract;
  • form part of the terms and conditions for our products and services;
  • purport to provide you with personal financial or investment advice of any kind; or
  • take account of your particular financial position or requirements.

The Website may include information about stocks and their prices. The information made available on stock prices on the Website does not reflect the current or "real time" price of the stock. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described. Services and facilities set out on this Website may change over time.

Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that case, the limitations and exclusions of liability set out below apply.

Copyright and submitted material

All Content is licensed to or owned by Arena Living Limited. Unless we indicate otherwise, you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

You acknowledge and agree that if you contribute Content to the Website, such Content will become our property and you hereby assign all rights, title and interests in and to such Content to us. We reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.

Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (collectively "Feedback"), will be deemed to be our property and you hereby assign all rights, title and interests in and to such Feedback to us. We have no obligation of any kind (including, without limitation, payment or confidentiality obligations) with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback and all intellectual property rights therein to others for any purpose whatsoever without limitation, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.

Trademarks

"Arena Living" and our logos are the registered trademarks of Arena Living Limited. Any other trademarks appearing on this Website are the trademarks of the relevant owners. You must not use any trademarks that appear on this Website without the written consent of the trademark owner.

Links

We may provide links on this Website to the websites, material, advertising or promotions of third parties. Any dealings you have with any such third party are solely between you and that third party and, to the extent that we assist you in such dealings, you acknowledge and agree that we have no control over and do not monitor these third party websites, materials, advertisements or promotions. We make no representations about, and do not accept any responsibility or liability for, these websites, materials, advertisements and promotions. A link to a third party website is provided for convenience only and does not mean that we endorse the content of that website. Your access to third party websites may be governed by their own terms of use. You must not create a link to this Website from another website or document without our prior written consent.

Privacy

Arena Living takes your privacy seriously.  Where personal information is collected, we comply with the Privacy Act 1993 and our Privacy Policy.

The transmission of information via the internet or other publicly accessible networks (including via email) is not secure, and is susceptible to loss, interception or alteration while in transit. Accordingly, we do not accept any liability for any damage you may experience or costs you may incur as a result of any such transmissions (including those which may contain personal information). While we take commercially reasonable endeavours to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy (found here), in no event will such information be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

We reserve any other rights available to us which are not expressly set out in these Terms of Use.

User conduct

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

In accessing this Website, you must not:

  • disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
  • disrupt or interfere with any other user’s enjoyment of this Website or linked websites;
  • use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
  • reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
  • use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
  • engage in any kind of illegal, criminal or tortious activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trade marks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
  • attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; or
  • post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity

You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your provision of Content, your breach of these Terms of Use, or your breach of any rights of third parties.

Limitation of liability

To the fullest extent permitted by law and notwithstanding any other provision of these Terms of Use to the contrary, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on us, or implied into these Terms of Use, under any law are hereby excluded.

If a jurisdiction allows liability to be limited but not excluded, if for any reason we are responsible for any damage or harm arising out of your use of this Website, in no event shall our total liability to you for all damages, losses and causes of action (howsoever arising, whether in contract, tort – including but not limited to negligence – or otherwise) exceed the amount paid by you, if any, for accessing this Website.

Nothing in these Terms of Use is intended to exclude, restrict or modify rights which you may have under New Zealand law which may not be excluded, restricted or modified by agreement.

Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

Severability

If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not effect the validity and enforceability of the remaining provisions.

Waiver

No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Currency

A reference to "$" or "dollars" throughout this Website is a reference to New Zealand currency, unless stated otherwise.

Applicable Law

New Zealand law governs this Website and this Website is controlled and operated from our offices in New Zealand. We make no representation that links or materials on this Website are appropriate or available for use in any other location.  If you choose to use this Website from a location outside New Zealand, then you are solely responsible for compliance with local laws, if and to the extent that such laws are applicable.

Version 1.1 – Date of Publication 1 May 2019.